Offensive Weapons Bill — Report (1st Day) — 26 Feb 2019 at 21:30

Moved by Baroness Hamwee

1: Clause 1, page 1, line 9, leave out first “all”Member’s explanatory statementThis amendment, along with similar amendments to this Clause, amends the defence for the offence in this section to set a less demanding standard than all reasonable precautions / all due diligence.

Moved by Baroness Hamwee

3: Clause 1, page 1, line 10, at end insert-“( ) The Secretary of State must, within one month of the coming into force of this section, publish guidance as to how the requirements of the defence under subsection (2) may be fulfilled.”Member’s explanatory statementThis amendment, following the Minister's remarks at Committee stage (28 January, HL Deb, col 160GC), is intended to ensure that guidance will be issued, so that those responsible for designing and carrying out checking procedures will be able to judge their adequacy.

Moved by Lord Paddick

4: Clause 1, page 1, line 19, after second “if” insert “they used a prescribed electronic method of establishing the purchaser’s age, or”Member’s explanatory statementThis amendment is intended to enable the Bill to encompass such electronic systems of age verification as Yoti once those systems have passed scrutiny by the Home Office, as a way of addressing age verification challenges.

Moved by Baroness Hamwee

5: Clause 1, page 2, line 15, leave out from “Wales,” to end of line 16 and insert “to a fine”Member’s explanatory statementThis amendment, along with other amendments to this Clause, would remove the short term prison sentences from the offence in this section.

Moved by Baroness Barran

8: Clause 1, page 2, line 29, at beginning insert “Subject to subsection (13A),”Member’s explanatory statementThis amendment and the Minister's amendment at page 2, line 41 would exclude batteries from the offences in Clauses 1 to 4 relating to the sale or delivery of corrosive products.

Moved by Baroness Barran

9: Clause 1, page 2, line 36, at end insert-“(12A) Before making regulations under subsection (12) the appropriate national authority must consult such persons likely to be affected by the regulations as the authority considers appropriate.”Member’s explanatory statementThis amendment would require the appropriate national authority to consult before making regulations under Clause 1(12) which amend the list of corrosive products in Schedule 1 to the Bill.

Moved by Baroness Barran

10: Clause 1, page 2, line 37, leave out “subsection (12)” and insert “this section”Member’s explanatory statementThis amendment is consequential on the Minister’s amendment at page 2, line 36.

11: Clause 1, page 2, line 41, at end insert-“(13A) References to a corrosive product in this section and sections 2 to 4 do not include a substance or product which is contained in a battery.”Member’s explanatory statementSee the explanation of the Minister’s amendment at page 2, line 29.

Moved by Lord Paddick

12: Schedule 1, page 45, leave out line 12Member’s explanatory statementThis amendment, alongside the amendment to page 45, line 17, is to probe the relationship between the Bill and the Poisons Act 1972.

Moved by Lord Paddick

14: Clause 3, page 4, line 13, at end insert “unless the delivery is into the hands of a person aged 18 or over”Member’s explanatory statementThis amendment, along with other amendments to Clauses 3 and 4, would allow for companies in the UK to sell corrosive products to residential premises as long as they take appropriate measures to ensure that the item is delivered to a person over the age of 18.

Moved by Lord Kennedy of Southwark

27: After Clause 5, insert the following Clause-“Offence of obstructing a seller in the exercise of their duties(1) A person commits an offence if they intentionally obstruct a person (“the seller”) in the exercise of their duties under section 1 of this Act and under section 141A of the Criminal Justice Act 1988 (sale of bladed articles to persons under 18).(2) In this section, “intentionally obstruct” includes, but is not limited to, a person acting in a threatening manner.(3) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale, to imprisonment for a term not exceeding 6 months, or to both.”

Moved by Baroness Barran

33: Clause 9, page 10, line 42, at end insert-“(5) In this section-(a) in subsection (1)-(i) in paragraph (b), for “Scotland, Northern Ireland or a member State other than the United Kingdom” substitute “Scotland or Northern Ireland”,(ii) at the end of paragraph (c) insert “or”, and(iii) omit paragraph (e) and the “or” preceding that paragraph, and(b) in subsection (3)-(i) for the definition of “civilian offence” substitute-““civilian offence” means an offence other than an offence under an enactment mentioned in subsection (1)(c) or (d);”,(ii) in the definition of “conviction”, in paragraph (b) omit “and a member State service offence”, and(iii) omit the definition of “member State service offence”.”Member’s explanatory statementThis amendment inserts a provision to Clause 9 which would not need to be commenced at the same time as the rest of that Clause but which would, on being commenced, amend it to take account of the United Kingdom's exit from the European Union.

Moved by Baroness Williams of Trafford

35: After Clause 13, insert the following new Clause-“PART 1AKNIFE CRIME PREVENTION ORDERSKnife crime prevention orders made otherwise than on convictionKnife crime prevention order made otherwise than on conviction(1) A court may make a knife crime prevention order under this section in respect of a person aged 12 or over (the “defendant”) if the following conditions are met.(2) The first condition is that a person has, by complaint to the court, applied for a knife crime prevention order under this section in accordance with section (Requirements for application for order under section (Knife crime prevention order made otherwise than on conviction)).(3) The second condition is that the court is satisfied on the balance of probabilities that, on at least two occasions in the relevant period, the defendant had a bladed article with them without good reason or lawful authority-(a) in a public place in England and Wales,(b) on school premises, or(c) on further education premises.(4) In subsection (3) “the relevant period” means the period of two years ending with the day on which the order is made; but an event may be taken into account for the purposes of that subsection only if it occurred after the coming into force of this section.(5) Without prejudice to the generality of subsection (3), a person has good reason for having a bladed article with them in a place mentioned in that subsection if the person has the article with them in that place-(a) for use at work,(b) for educational purposes,(c) for religious reasons, or(d) as part of any national costume.(6) The third condition is that the court thinks that it is necessary to make the order-(a) to protect the public in England and Wales from the risk of harm involving a bladed article,(b) to protect any particular members of the public in England and Wales (including the defendant) from such risk, or(c) to prevent the defendant from committing an offence involving a bladed article. (7) A knife crime prevention order under this section is an order which, for a purpose mentioned in subsection (6)-(a) requires the defendant to do anything described in the order;(b) prohibits the defendant from doing anything described in the order.(8) See also-(a) section (Provisions of knife crime prevention order) (which makes further provision about the requirements and prohibitions which may be imposed by a knife crime prevention order under this section),(b) section (Requirements included in knife crime prevention order etc) (which makes further provision about the inclusion of requirements in a knife crime prevention order under this section), and(c) section (Duration of knife crime prevention order etc) (which makes provision about the duration of a knife crime prevention order under this section).(9) Section 127 of the Magistrates’ Courts Act 1980 (time limits) does not apply to a complaint under this section.(10) In this section-“court”-(a) in the case of a defendant who is under the age of 18, means a magistrates’ court which is a youth court, and(b) in any other case, means a magistrates’ court which is not a youth court;“further education premises” means land used solely for the purposes of-(a) an institution within the further education sector (within the meaning of section 91 of the Further and Higher Education Act 1992), or(b) a 16 to 19 Academy (within the meaning of section 1B of the Academies Act 2010),excluding any land occupied solely as a dwelling by a person employed at the institution or the 16 to 19 Academy;“public place” includes any place to which, at the time in question, the public have or are permitted access, whether on payment or otherwise;“school premises” means any land used for the purposes of a school, excluding any land occupied solely as a dwelling by a person employed at the school; and “school” has the meaning given by section 4 of the Education Act 1996.”Member’s explanatory statementThis Clause and the other amendments of the Minister to insert new Clauses after Clause 13 would make provision for knife crime prevention orders and interim knife crime prevention orders imposing requirements and prohibitions on defendants and subjecting them to certain notification requirements.

Ayes 145, Noes 84.

Debate in Parliament |

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Party Summary

Votes by party, red entries are votes against the majority for that party.

What is Tell? '+1 tell' means that in addition one member of that party was a teller for that division lobby.

What is Turnout? This is measured against the total membership of the party at the time of the vote.

PartyMajority (Content)Minority (Not-Content)Turnout
Con132 (+2 tell) 047.2%
Crossbench7 35.1%
DUP2 040.0%
Independent Ulster Unionist1 0100.0%
Lab0 16 (+1 tell)7.7%
LDem0 62 (+1 tell)58.3%
Non-affiliated0 13.3%
UUP1 050.0%
Total:143 8227.0%

Rebel Voters - sorted by party

Lords for which their vote in this division differed from the majority vote of their party. You can see all votes in this division, or every eligible lord who could have voted in this division

Sort by: Name | Party | Vote

NamePartyVote
The Earl of ListowelCrossbenchno
Baroness Meacher Crossbench (front bench)no
Lord Ramsbotham Crossbenchno

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