Clause 53 - Sale of aerosol paint to children
Anti-social Behaviour Bill
9:10 am
Mr Nick Hawkins (Surrey Heath, Conservative)
First, may I say on the record that we are obliged to the Minister for clarifying the position in relation to clause 48? It is always helpful when Ministers provide such clarification. This Minister always does so, and we are grateful to him.
As the Committee will have realised, amendment No. 79 is an alternative to amendment No. 78, and amendment No. 81 is an alternative to amendment No. 80. We are concerned about the sale of aerosol paint. We entirely understand that graffiti is a huge problem, as we discussed at our previous sitting, and
we do not want to give the impression that we lack understanding of the Government's approach to the matter. We recognise that there is a problem. However, we do not want to cause great difficulties for those who run businesses, especially small do-it-yourself stores, for example. Large DIY multiples may find it easier to deal with new laws and regulations, but Conservative Members, and perhaps Government Members as well, get a lot of letters from many small traders complaining about ever more bureaucratic burdens being imposed on them.
We know that changes were made to the law to combat the problem of glue sniffing: many DIY retailers were told that they were no longer allowed to have glue on open shelves; it had to be behind the sales counter to prevent youngsters from getting hold of glue, which can, of course, cause the most tragic deaths. Most DIY retailers I have talked to say that although it was a burden to change the method of selling glue, they understand that there was a safety reason for doing so, because glue sniffing had become such a terrible problem. However, the problem in relation to aerosol paints is not of the same order. We are not talking about something that is life threatening, although we recognise that graffiti is a serious problem.
The vast majority of young people who buy aerosol paints do not have bad motives for buying them; they are not going to become graffiti artists. They probably buy them because, for example, they want to help work on their father's car or on a moped or motor bike. To say that all DIY retailers and motoring supply stores will not be allowed to sell aerosol paint to customers who are below a certain age is to use too big a sledgehammer to crack a nut. Moreover, it is unreasonable to say that every DIY retailer should check the age of customers, because we know that some 14 to 16-year-old boys appear to be a great deal older. We will put small shopkeepers in the same position as licensees of pubs, although we understand that age checks are necessary in respect of alcohol.
The Committee needs to consider the appropriate age limit. We have suggested two options: 14 or 16. Both are more reasonable than saying that nobody under the age of 18 can buy aerosol paints. I shall not take up more of the Committee's time, because the point is a simple one, but I anticipate that other members of the Committee, perhaps on both sides, will wish to express their views. We think that the Government have gone somewhat over the top. We recognise that there is a problem, but we do not want to create extra bureaucratic burdens. I hope that the Minister will understand that our approach to the matter is serious. We believe that the Government have got the proposal slightly wrong.