moved Amendment No. 119:
119: After Clause 75, insert the following new Clause—
““CHAPTER 4
Other measures to disrupt serious crime
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 that area to be sealed off; and
(b) for the searching of any people or vehicles in that particular area for firearms, by whatever means he considers appropriate.””
The noble Lord said: My Lords, AmendmentNo. 119 introduces a new clause to provide power to search for firearms. I note that as recently as last Monday the Minister replied to a Written Question from the noble Lord, Lord Ouseley, on gun crime and outlined a whole series of slightly wishy-washy measures. She concluded—or perhaps I should say Sir Humphrey's draft concluded—with the great words: "““All our work in this area is being driven forward by the Home Secretary's round table group on guns, gangs and knives””.—[Official Report, 23/4/07; col. WA 118.]"
Oh dear, oh dear! I hope that we will be able to provide something more substantial for the Government today.
In 2005-06, there were 10,990 offences involving firearms other than airguns. In the same year, firearms were involved in 1,115 serious incidents of violence against the person, excluding homicide, and there were 46 homicides with guns. The Library has supplied a mass of press comment; from the heavy papers alone on gun crime in Britain in the past couple of months, I quote three very short extracts. The Guardian referred on 16 February to, "““three gun murders of teenagers in 11 days and five killings since February 3””."
The Independent said that, "““it is abundantly clear to those who work in areas such as south London that the ‘gun culture’ remains strong—and among young men it is actually getting stronger””."
The Daily Telegraph said on 26 February in an article by the Chief Constable of Merseyside, Bernard Hogan-Howe: "““Most of the victims of gun crime to survive either do not want to make a complaint or give us information to enable us to track down their attacker. We have seen an increase in the number of teenagers involved in gun crime””."
He referred to, "““the need to change the culture of young people who carry guns””."
So I make no apology for reintroducing my amendment.
The purpose of the amendment is very simple: it is to help to get guns off Britain’s streets, and thus to reduce gun crime, which is causing misery not just to those who tragically get caught up in it but to the far greater number whose anxiety has been growing over recent years. Whether they are right or wrong, they perceive themselves as vulnerable. The amendment would give the police a simple and over-riding power which would enable them to make it far more risky for anyone to carry an illegal firearm. Ideally, I would like to make it as risky as it would be for any member of the public who decided to take a gun on an aeroplane from one of Britain’s airports, but that, I fear, we will never achieve. Frankly, no gun-carrying mobster or terrorist would ever risk trying to travel by air with a firearm, but the risk of carrying guns in the streets in Britain today is far too small.
Under the amendment, the police would have the power, as and when they felt it appropriate, to check anyone, in any area, for firearms. Obviously, modern technology makes this far more rapid and effective than it used to be. The primary instrument is the metal detector, in all its many and sophisticated forms. It enables the rapid scanning of large numbers of people in a non-discriminatory way; it is unlike searching for drugs, which is slow, intrusive and involves selecting individuals under the existing stop-and-search powers which, as we know, can cause resentment and problems with community relations.
With metal detectors, you can scan extremely fast, either by putting up a temporary arch, as we know so well, or using hand-held machines. If I am asked to take my keys out of my pocket and the metal detector is used again, it will confirm that I have no gun and I can go through. It happens very fast.
I know that the Minister is normally briefed by the Home Office to say that the police neither need nor want these powers. That is not what I have found. I am particularly glad to have had an invitation from the noble Lord, Lord Graham of Edmonton, to attend last Monday the graduation dinner of the police service parliamentary scheme in the Cholmondeley Room, when I was able to discuss the amendment with a number of very senior police officers. All those with whom I discussed it welcome the prospect of such a power. I particularly noted the enthusiasm of Assistant Commissioner Tariq Ghaffur of the Metropolitan Police, who has particular responsibility for safety on London streets.
I believe that the people of Britain will welcome the knowledge that the police have this new power, just as most of us are glad that the use of modern technology has made our airports safer—and, indeed, the Palace of Westminster has been made much more secure. Those who will be most grateful will be those who live in areas in which the gun culture is strongest, who depend on the police to keep their lives secure. I previously tabled this amendment to other Bills—the Violent Crime Reduction Bill in May last year andthe Police and Justice Bill last October. Each time, the Home Office resisted it. I am tempted to say, ““Well, it would, wouldn’t it?””.
The Minister has said and perhaps will again that there are already many different powers of search. I know there are—I am sure there are. However, as I pointed out on 9 October last year, according to the Home Office’s own website, firearms law is ““very complicated””. Fighting crime today does not leave time for operational police officers to search the legal text books to ensure that they have cover for what they find that they need to do. I am asking that the police be given a wide and simple power, which they can use and which the public can understand. I am now giving the Government a third chance to take this step forward in the fight against gun culture. I beg to move.
Serious Crime Bill [HL]
Proceeding contribution from
Lord Marlesford
(Conservative)
in the House of Lords on Monday, 30 April 2007.
It occurred during Debate on bills on Serious Crime Bill [HL].
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