Surrender of Offensive Weapons (Compensation) Regulations 2020

Motion to Approve

Moved by

That the draft Regulations laid before the House on 9 June be approved.

My Lords, the Offensive Weapons Act 2019 received Royal Assent on 16 May 2019 following full and detailed scrutiny in both Houses. The Act is an important part of the Government’s strategy to tackle recent rises in serious violence, including violence involving the use of knives. Measures in the Act will help to take dangerous weapons off the streets. They will make it more difficult for young people to access knives in the first place, including those knives which are particularly prevalent in violent incidents.

The regulations will help to give effect to the prohibitions set out in the Act that cover certain offensive weapons, knives and firearms. Noble Lords will recall the detailed scrutiny given to these prohibitions during the then Bill’s passage through this House. Since these are now a matter of statute, we should not seek to reopen the discussion of their merits. Rather, our focus should be on the arrangements for surrendering these weapons to the police and for the payment of compensation.

The regulations reflect the principle recognised during the passage of the legislation that prohibiting items that are currently lawfully owned impacts on the individual’s right to property. It was agreed by both Houses that it would be right and fair that the owners of these weapons who surrender them to the police in accordance with the arrangements we are making should be fairly compensated.

The arrangements for surrender and compensation will apply to England and Wales and extend to Scotland and Northern Ireland with respect to firearms and ancillary equipment only. The regulations provide for a three-month surrender period, during which the owners of these weapons will be able to surrender their property to the police. If they wish to claim compensation, they will need to do so at the same time as surrender, using a form that we will make available before the scheme commences.

We shall also make available a “values list” that sets out the standard levels of compensation for all of the weapons that come within the scheme. A claimant can indicate on the claim form whether they accept the standard level of compensation or claim a higher amount, which they can do providing they can support this with a credible valuation. The regulations give some examples of the type of valuations that will be acceptable, but we have sought to avoid undue prescription.

Our overarching objective is to fairly compensate those giving up their lawful property so that we can take these dangerous weapons out of circulation. The claims for compensation will be processed by the Home Office, and we will look to do so as quickly as we practicably can following the launch of the scheme.

We have shared the draft guidance on how to surrender and make a claim for compensation, and the accompanying form, with noble Lords to inform this debate. They will be developed further in the light of today’s discussion and in our ongoing discussions with experts and interested parties.

My Lords, we are grateful to the Minister for her lucid explanation of the instrument. I have one question and one comment. My question concerns Regulation 6(2), which says that no amount will be payable of less than £30. I am not an expert on the knives in question, but for young people in particular, sums less than £30 are still appreciable. I assume that some of the knives in question would be valued at less than £30, or would all the knives covered by the Offensive Weapons Act be valued at more than £30? Could the Minister clarify whether £30 would cover all the knives in question, or whether some would not be covered? If some would not, it seems sensible simply to cover them all, because we want the maximum number to be surrendered.

My comment is to invite the Minister to tell us the incidence of knife crime and what has been happening during the pandemic. Something that I know concerns the House at large is that, because of the necessary attention we have been giving to the pandemic, we have not been paying attention to other big social issues. My perception is that we have seen a dramatic fall in knife crime and gang violence because people have been in lockdown. I hope that that is true, but it would be helpful if the Minister could update the House on the situation.

My Lords, these regulations have been a long time in the making, particularly given the importance of the issue they address. Knife crime especially is a terrifying and terrible offence and the incidence of these crimes continues to cast a black cloud over so many communities in our country. The 2019 Act brought in the sections to which these regulations now seek to give effect. I hope that the Minister can explain why this has taken so long, given the urgent need. How many other regulations under the Act still need to be produced? There is no purpose whatever, of course, in having a hollow shell of an Act.

We are missing supporting documents for these regulations—because of the Covid-19 pandemic, we are told—so we have to ask questions to flesh out the details. As the Explanatory Memorandum admits, the Secretary of State is to “introduce arrangements” to allow these regulations to be carried out, but we are not told what these arrangements will be. In her Written Statement to the House on 11 June, the Minister said:

“We will finalise and publicise full details on the surrender and compensation arrangements before they commence.”

Those are these regulations. Can the Minister tell the House whether a full catalogue of the weapons listed—the knives and guns—yet exists? If so, how many items are in the catalogue? Have compensation values been assigned to the knives and guns? How many bladed items have a value of more than £30? Is it proving difficult to develop a catalogue of knives, given the wide variety available designed for work use that can be and have been used offensively?

Many more questions arise from these shell regulations, including the obvious one of the timetable for their implementation. I very much hope the Minister can answer them all.

My Lords, I declare an interest as a former chairman of the Firearms Consultative Committee at the Home Office. My noble friend will recall that she and I had many a conversation regarding firearms during the passage of the Offensive Weapons Bill last year. I put on record how grateful I and the shooting sports bodies were for the constructive way in which we held those conversations and the assistance and advice we were given by the Home Office.

I am certain that, in the course of those conversations, the Minister and I discussed compensation for some firearms that were to be banned by the Bill. I have received correspondence relating to compensation for flick-knives and gravity knives of historical value from the Second World War, which I believe will attract compensation on surrender. I guess that my noble friend Lord Lucas will touch on this when he speaks.

Can the Minister say how many firearms, and of what type, will qualify for compensation and at what cost? My understanding is that antique flick-knives and gravity knives are of considerable value to collectors and could take up the majority of the compensation fund. Is my noble friend confident that adequate funds for compensation have been or will be allocated?

It is more important than ever to keep dangerous weapons off the streets. Dealing with serious violence is paramount in the public consciousness and these dreadful crimes have a devastating impact on the victims, their families and their communities. The Offensive Weapons Act 2019 provided arrangements for the surrender and these items will become prohibited under it. Today, we are talking about the payment of compensation to those who surrender them.

I learned a lot in researching for this intervention. I had never heard of zombie knives and death star knives, but I had certainly heard of knuckle dusters. It will become a criminal offence to dispatch bladed products that are sold online without verification that the buyer is over 18. The regulations will come into force when it is safe to do so, but I would urge the Minister to ensure that this happens as soon as possible, so that owners can go to police stations to surrender their items.

Knife crime prevention orders will provide police with a further means to help deter young people from becoming involved in knife possession and knife crime. We hope that they will make them stop and think about the choices and consequences of carrying a knife. Of course, early intervention is the best way to prevent knife crime, as I saw so many times in my teaching career. If we had intervened with a child at the age of four, five or six, we would not have been dealing with problems at 14, 15 and 16. As a society, we must continue to work alongside schools, charities and community groups, with a range of tactics. We need to discourage young people from carrying knives in a positive rather than a punitive format. We must give them support and pathways away from potential crime, so this statutory instrument is very welcome, and I would ask the Minister when it is likely to be implemented, because speed really is of the essence.

The noble Baroness, Lady Northover, has withdrawn, so I call the next speaker, the noble Baroness, Lady Jones of Moulsecoomb.

My Lords, the Minister was quite strict that noble Lords should stick to arrangements for surrender and not ask any broader questions, so I will be very compliant and ask about that. I have seen several very successful schemes of this kind. A lot of them need a certain amount of good publicity, by which I mean not just good publicity but publicity that is well written and well phrased. So I have a few questions.

What form will the publicity take and how will the Government publicise it? Is the Minister confident that the message will actually reach the right people, because that is also part of it being successful? How will the Government ensure that the message is understood and believed, because you have to convince people to turn up at a police station with a weapon. To do that, they have to believe that they will be safe and that they will be believed.

There would seem to be an opportunity here to have a wider amnesty on offensive weapons, but I am not sure from what the Minister said whether that would be happening—other than for those weapons that are becoming newly illegal. The Government will be publicising a scheme to persuade people to do the right thing, so it would seem to be a good time to encourage them to hand in other weapons that are currently illegal at the same time. I hope that this is a very successful project.

The noble Lord, Lord Wei, has withdrawn, so I call the next speaker, the noble Baroness, Lady Kennedy of Cradley.

My Lords, I support the regulations before the House today, because they will get dangerous weapons off our streets. Some may ask why anyone would need weapons such as these in the first place and why the Government are paying compensation to the owners to hand them in. They are illegal and should just be surrendered. However, I can see the point. This will provide an incentive to get these weapons off the streets, which of course is something that we all want to see.

Knife crime has had a devastating effect in London and elsewhere across the UK, with many young lives lost in senseless killings. Like my noble friend Lord Adonis, I say that, if the noble Baroness has the figures, it would be good to remind the House of the number of incidents of gun and knife crime over the past 12 months, as this in itself will illustrate why the scheme before us today is worth supporting.

We are lucky to live in a country that has tough laws to deal with gun and knife crime, but it is important always to keep these measures under review and to be open to adding different types of weapons to the banned list, because criminals will always find ways to circumvent the rules. Perhaps the noble Baroness, in her closing remarks, can say more about how the regulations will be kept up to date and about the work that the department is doing to keep on top of this ever-present threat.