Offensive Weapons Bill — House of Lords, 2019-03-04
Topic: Law and Crime
Susan Williams (Conservative, Centre-right): My Lords, I am grateful to the noble Lord, Lord Kennedy, for his amendment. It deals with an issue which we discussed at length in Committee and which was the subject of a very productive round table on 13 February, attended by members of the Sikh community, the noble Lords, Lord Kennedy, Lord Paddick and Lord Singh, and my noble friend Lord Suri. I was also grateful to have a separate discussion with my noble friend Lady Verma. I have provided a fact sheet to noble Lords, setting out the current position under the offensive weapons legislation in relation to kirpans, and I would happily place a copy in the Library of the House The amendment from the noble Lord, Lord Kennedy, seeks to ensure that Sikhs are not prosecuted for possessing a kirpan and to allow the gifting of large kirpans by Sikhs to non-Sikhs. The amendment would therefore exempt kirpans from the offences of possessing a bladed or sharply pointed article in a public place or school and further education premises, and from the offence of possessing an offensive weapon under Section 141A of the Criminal Justice Act 1988. I believe that the intention is also to exempt kirpans from the offence of supplying an offensive weapon under Section 141 of the 1988 Act—albeit the current amendment only references possession. The exemption would apply where the kirpan is possessed for, "religious, ceremonial, sporting or historical reasons" My main issue with the amendment is that it refers to kirpans but does not define them. Kirpans vary considerably in size and shape, the only common factor being their association with the Sikh faith. This is why the existing defences of possession and supply for "religious reasons" work so well—they define by reference to purpose. It would not be workable to have an exemption for kirpans without saying what they are, otherwise everyone caught in possession of a knife or sword could claim that it was a kirpan and that they possessed it for, "religious, ceremonial, sporting or historical reasons" The police and the CPS would have to prove otherwise, in effect having to prove that the item was not a kirpan, the person was not a Sikh, or that the person was not possessing it for sporting, ceremonial or other reasons, rather than the defendant proving or showing that they have a defence for possessing the weapon I appreciate that the intent behind the amendment is to deal with the issue of the gifting of kirpans, because there is already a defence for religious reasons under Sections 139, 139A, 141 and 141A of the 1988 Act, and there is already a defence for sporting purposes under Sections 141 and 141A of that Act. The Government are sympathetic to the need to find a solution to the issue of the Sikh cultural practice of gifting a kirpan. Within government, we are continuing to look actively at this issue and to meet the noble Lord, Lord Singh, and others to make sure that we come to the right solution. I am very hopeful that something can be done in this area and that it will be possible to bring forward a suitable government-drafted amendment at Third Reading I also note that as drafted, the amendment of the noble Lord, Lord Kennedy, does not render the supply of a kirpan—that is, the act of gifting—lawful; it exempts only possession. This is one issue which we will need to consider further, ahead of the next stage. In the usual way, noble Lords will understand that I cannot give a cast-iron guarantee that the Government will be able to support a more targeted amendment at Third Reading. However, we will make our intentions clear in advance so that, if necessary, the noble Lord can bring back this amendment or some variant of it. But on the basis—