Police and Justice Bill

moved Amendment No. 91: After Clause 10, insert the following new clause- ““POWER TO SEARCH FOR FIREARMS If a police constable has reason to believe that a person or persons in a particular area may be carrying firearms, he may arrange- (a) for the area to be sealed off; and (b) for the searching for firearms of any people or vehicles in that area, by whatever means he considers appropriate.”” The noble Lord said: This is the third occasion on which I have tabled an amendment to give greater and clearer powers to the police to fight gun crime, and it may not be the last. Fortunately, the Home Office brings forward so many new Bills that there is no problem finding an appropriate legislative slot. This Bill is particularly appropriate for my amendment for a new clause, to be inserted after Clause 10, to empower the police to seal off an area and search people for illegal guns. I make no apology for my persistence because, as the situation develops, the case for deterring and preventing gun crime becomes more urgent. Not only is the murder rate in England and Wales increasing dramatically, by over 30 per cent in the past 10 years—that compares with an increase in the total population over the same period of only 2 per cent—but in 2004-05, the latest year for which figures are available, 77 murders were committed with guns, which is 12 per cent more than in the previous year. Nearly one in 10 murders is classified as killing by shooting. I also remind the Committee, and the Government, that during the same 10 years the number of offences involving firearms rose from 13,000 to 23,000, an increase of 77 per cent. Of course, much worse than the number of shootings actually committed—many of which are the result of gang warfare that is often linked to drugs—is the fear that the spreading gun culture engenders among the general population. In certain areas of Britain, there is a widespread belief, whether justified or not, that guns are routinely carried on our streets. In my view, the Government have an obligation to which they should attach the highest priority to reduce, indeed to minimise, such fear. There can be no more corrosive influence on the quality of life, for rich or poor, young or old, male or female, black or white, than fear for personal safety. Many years ago, in quite another context, President Roosevelt tried to encourage the American people with his famous exhortation, "““the only thing we have to fear is fear itself””." The risk of carrying a gun must be made unacceptably high. Fortunately, the remedy is simple and cheap. I refer of course to metal detectors. Most of the population are fully familiar with metal detectors from their everyday lives, particularly at the entrances to many buildings and before boarding all flights. Who of us, however foolish, would presume to attempt to pass through security at an airport carrying a gun? Not only is the hand-held metal detector rapid to use, but it does not involve touching the persons of those subject to the check—that is important. It is a great deal easier to search people for guns than it is for drugs. The police are already familiar with the use of such detectors. My amendment would allow the police to seal off any area and check for those who are illegally carrying guns. They could use the power as and when they thought proper. I am well aware that there are concerns, fuelled by recent events—particularly perhaps at Forest Gate on 2 June—about the judgment of the police in using their existing anti-terrorist powers and the adverse consequences that there can be for race relations if these powers are not used sensibly and sensitively. I recognise that the power that I propose could, if used inappropriately, result in problems of that sort. I believe that the police understand these dangers and learn from every unfortunate accident. If, however, the drafting of my amendment could be improved to reduce further that risk, without affecting the purpose of the powers that I want the police to have, I would be delighted to consider changes. I wish to deal with two other points. First, would the police like to have these powers? Secondly, do we need them? When we last discussed the issue, on22 May, the noble Lord, Lord Bassam, who is sitting in his place, quoted the noble Lord, Lord Condon, as having said in March 2002 that the view of the police service was that there was an adequate menu of powers in relation to gun crime. I fear that, as so often, the Home Office is unaware that things have moved on in the past four years. Earlier this week, I discussed my amendment with ACPO. It confirmed that it does indeed have powers under a number of Acts of Parliament, but that those powers vary and have to be used in specific circumstances. ACPO told me that it always welcomes simpler powers and that my amendment seemed to be, and I quote their words, ““ideal from our perspective””. The noble Lord, Lord Thomas of Gresford, a most experienced and respected lawyer, got it exactly right when, speaking from the Liberal Democrat Front Bench on 22 May, he said: "““The considerable merit of the amendment… is that it is a very simple statement of powers. I have no doubt that the powers exist, but they are to be extracted from a number of legislative instruments””.—[Official Report, 22/5/06; col. 647.]" My amendment seeks to reassure those of our citizens who live in fear of gun crime that the police have the clear means to make it far more risky than it is today for anyone to carry an illegal firearm anywhere. I beg to move.