Offensive Weapons Bill — House of Lords, 2019-02-26
Topic: Law and Crime
Roy Kennedy (Labour, Centre-left): My Lords, I raised this issue at Second Reading and in Grand Committee. I am grateful for the support I have received from across the House. We are placing shop workers at the forefront in the Bill. They risk a prison sentence or a lesser punishment if they get it wrong, as they will have committed a criminal offence in selling the products referred to in the Bill to a person under 18 years of age. I have no problem with that. These products cannot be sold to young people and we need a deterrent in place to make sure that this is adhered to My issue is that the Bill places additional responsibility on shop workers but gives them no additional protection. This issue has been raised many times in the House, not just in the context of the Bill. My noble friend Lady Kennedy of Cradley raised this matter in a recent Question to the Minister. When I was young—a long time ago—I was a shop worker. I enjoyed the work very much. As a young person, it got me talking to people, which gave me confidence. It was hard work and not without its risks, but it was enjoyable I know that the Government are looking at this issue; they are seeking further evidence, but the evidence is already there. Even if the Government decide to act at a later date, I worry that we will have moved on and in the weeks, months and years to come, I will be sitting here asking when the Government will introduce legislation, only to be told that they are waiting for a suitable Bill. There are always pressures on legislation—we all know that—but this time, the pressure is paramount. I am very worried that we will move no further forward No doubt the Minister will tell me shortly that there is no problem and there is a whole range of offences; for example, anyone who assaults a shop worker can be charged and, if found guilty, convicted. However, far too often, these offences are not prosecuted; that is a serious problem. Indeed, many offences are not even reported so they get nowhere near a police officer. In the Bill, we are placing duties for specific offences on shop workers but giving them no further protection. Let us imagine being in their position, refusing to sell knives or acids to angry young people who want these products. That is not a nice place to be. We expect shop workers to enforce the law in that situation but give them no protection to do so. We owe them a minimum additional protection, which my amendment seeks to provide. Approximately 280 shop workers are assaulted every single day. I was once a member of USDAW; it is a great trade union. It campaigns for shop workers and knows the industry its members work in. It regularly consults the Government and other agencies and puts forward its view. It has done a good job of finding evidence of the problem My amendment is different to the one I moved in Committee in one key respect: it goes beyond the imposition of a fine and introduces a maximum imprisonment term of six months. That is not because I want to increase the prison population—I support community sentences—but I want to give the court the power to look at the full suite of options available and impose a sentence that fits the crime. On reflection, limiting it to a fine was not the right thing to do—it is too restrictive—so I wanted to give the court the power to impose the penalty it thought was appropriate for the case. Perhaps I should have done that in the first place, but it is the right thing to do. I hope that the Minister will respond to this debate in detail and give me some good news. I beg to move.