Clause 53 - Sale of aerosol paint to children
Anti-social Behaviour Bill
9:10 am

Mr Matthew Green (Ludlow, Liberal Democrat)
I, too, thank the Minister for the clarification that he gave at the start of the sitting.
The sale of aerosol paints is a tricky subject. I represent a constituency where there is almost no problem of graffiti, so my first thought was that a ban on the sale of aerosol paints to young people in my constituency seemed disproportionate. However, I recognise that many hon. Members represent
constituencies where there is a considerable problem of graffiti. I had various thoughts about how this difficult problem might be dealt with, including the possibility of giving local authorities the power to make byelaws rather than imposing a countrywide ban, although I realise that the amendments do not address that point. However, there would be problems even with that solution, because one authority might introduce such a byelaw and another might not, so a young person could just cross the street.
I understand the problems that the Minister faces, and why he has approached them as he has. However, Liberal Democrat Members have added their names to the two amendments that would set the age limit at 16. The amendment represents an attempt to make the law seem reasonable to the general public. We have joked in the House about the fact that a 17-year-old can own and drive a car but would not be able to buy the paint to repair a scratch on the side of it if the proposed law was passed. I am afraid that the public will see that law as foolish, so I do not think that it is a particularly wise position to adopt.
I am sure that many graffiti artists are aged 17 or 18, but we must ensure that the law on the sale of aerosol paints makes sense to those who are not graffiti artists. That is why, after much consideration, because my natural inclination is not to ban, I concluded that 16 would be a more appropriate age limit than 18. The issue has been discussed widely in my party, where there is a wide range of opinions, as there is in all the parties. The Minister is right to try to act on the matter, but I would prefer some sort of sunset clause to be added, because if the legislation does not have much impact, we may have to consider revoking it in future.
There are obvious concerns about some who is over the age limit buying aerosol paint and handing it to someone younger. That often happens with alcohol. There are several such problems. I realise why the Minister is trying to tackle them, but we must ensure that the law is respected and makes sense to people. Most of the public believe that the age limit of 18 is too high. Sixteen is far more appropriate, and setting that in legislation will make more sense to members of the public and make the law more likely to be obeyed.
