New Clause 2 — Records of dealings: disposal of metal

Part of the debate – in the House of Commons at 12:30 pm on 9 November 2012.

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Photo of Jeremy Browne Jeremy Browne The Minister of State, Home Department 12:30, 9 November 2012

I understand my hon. Friend’s point, but our feeling is that the level of licensing proposed in the Bill will have his desired effect.

I turn to the point about age. The Scrap Metal Dealers Act 1964 included the requirement not to purchase metal from anyone under the age of 16. This has been removed in the current Bill, and there is no age restriction. In part, that is because placing an age restriction would be discriminatory on the grounds of age and contrary to section 13 of the Equality Act 2010, which deals with direct discrimination. The law allows for direct discrimination on the grounds of age only where it can be demonstrated that less favourable treatment is in pursuit of a legitimate aim and proportionate. Since there is no evidence base suggesting that abuse is concentrated in the under-21 age group, it would be extremely difficult to demonstrate that an outright ban on under-21s selling scrap metal is proportionate. We do not believe, therefore, that such a ban would be lawful.

Finally, new clause 6 would create a new criminal offence, which would apply where a dealer purchased scrap metal without checking that it had not been marked with SmartWater. We cannot support the creation of this offence for a number of reasons. We do not believe it would be appropriate for the Bill to refer to one particular commercial product, rather than the full range of products. Although SmartWater is a known product, it is one of many known forensic property markers on the market. I am not aware of any independent evaluation of its effectiveness; nor have I seen any comparison with other products on the market. In addition, what would happen if we specified one product in legislation and a superior product entered the market, or if SmartWater ceased to exist? The approach taken in new clause 6 does not facilitate our objective to future-proof the legislation further.

A number of scrap metal dealers check for forensic property marker products when purchasing metal. That is a good practice, and certainly something we want to see encouraged. However, mandating it as a requirement, as the new clause seeks to do, would create a significant burden for the industry. It might also create an unachievable burden, given the vast quantities of metal that enter scrapyards on a daily basis, and I know that hon. Members would not wish the regulations imposed by the Government to be unduly burdensome on businesses going about their legitimate day-to-day trade. Therefore, for the various reasons I have outlined, the Government would resist new clause 6.

I do not propose to talk to the other non-Government amendments at this stage, so perhaps I shall bring my remarks to a conclusion and let others make their contributions.