Hansard

I do not accept the member's point and I will explain why. He was confused about the fundamental difference that exists between air-guns and firearms.

It is often argued that firearms legislation affects only law-abiding citizens and that criminals will always manage to access weapons, whatever the legislation. That argument may have some validity when it is applied to weapons that use gunpowder, but it is unlikely to be valid for air-guns, most of which enter circulation when they are bought in the shops casually, on a whim.

Let us imagine that, disillusioned by the preference of the UK Government to seek conflict rather than co-operation, and by its refusal to legislate or to allow the Scottish Government to do so, I decided to change career and adopt a life of crime. If I then decided to obtain a weapon for criminal purposes, I would certainly opt for one that fired bullets. I would not seek to begin my life of crime with an air pistol, as somebody said in relation to east end gangsters; I would use a rather more dangerous and aggressive weapon. That is why there is a difference in the circulation of the two types of weapon, and why there is a difference in how we need to legislate.

The distinction between air weapons and other firearms is important. Some 58 per cent of the injuries that were caused by firearms in Scotland in the past year were inflicted by missiles that were propelled not by gunpowder but by air. In the past year, 54 per cent of all firearms offences—nearly 700 offences—involved an air weapon. To give an idea of what that represents on a local level, in the first six months of 2007 in Paisley alone, the police were aware of 20 air-gun incidents. That is perhaps not so surprising when one considers that there are an estimated half a million air-guns in circulation in Scotland.

Yet, even on air-guns—which are responsible, I remind members, for most weapons-related offences in Scotland—the Scottish Government cannot act. I applaud the cabinet secretary's decision to try and work with the UK Government and to request that the necessary authority be transferred to the Scottish Parliament. To say that I am deeply disappointed with the reply that was received from the Home Secretary would be to understate my views. Jacqui Smith, in her letter to the cabinet secretary, tells us that she does not support the transfer of firearms authority. She claims that such a move could result only in further complexity and militate against effective enforcement of the wide range of present controls. She says that the absence of border controls could make enforcement difficult and that organised criminals would not be slow to exploit any differences that might develop over time. That is, quite frankly, a rather silly argument. On the basis of her logic, Jacqui Smith could equally argue that the UK Westminster Government is not competent to legislate on firearms laws and that such legislation should, henceforth, become a reserved matter, with only the Parliament of the Republic of Ireland able to legislate on it. How else could the confusion that is predicted by the Home Secretary be avoided?

I shall explain why that ludicrous scenario follows from her argument. The border with the Republic of Ireland is uncontrolled and criminals can move freely between the two legislative areas. Jacqui Smith's logic would dictate that, if the UK does not surrender its right to legislate on firearms, there is a risk that that failure will be taken advantage of by criminal elements. Why should we stop there? Should firearms legislation not become, according to the logic of the UK Labour Government, a European Union competency? Border controls within the EU are limited or absent. Might not criminals take advantage of the different legislative regimes? Might not confusion arise?

The response from the UK Government amounts to playing politics with the safety of Scotland's people. That is shameful. There is no reason, other than the political posturing of Westminster, why Scotland should not legislate on firearms. Does Norway look to its bigger Scandinavian neighbour, Sweden, with whom it shares a lengthy and open border, for its firearms legislation? Do all the nations of Europe attempt to emulate their neighbours' firearms laws?

This is a public safety issue: air-guns are a significant cause of injury in Scotland and they are too widely held and too readily available. Scotland should and must have the legislative power to tackle abuse of air-guns. Therefore, I encourage the political parties that have not yet found the courage for independence and which are still frightened by the thought of running their own country to ask—when they go on their away days to London and are tugging their forelocks and humbly beseeching Westminster for scraps from its table—that firearms legislation, at least, be returned to Scotland, if the UK Government continues to obstruct legislation.

It is ludicrous that, while people still suffer injury in this country through misuse of air-guns, we in the Scottish Parliament cannot pass the legislation that is necessary to end the needless misery.