Amendment 92

Part of Offensive Weapons Bill - Report (2nd Day) – in the House of Lords at 4:45 pm on 4 March 2019.

Alert me about debates like this

Photo of Baroness Hamwee Baroness Hamwee Liberal Democrat Lords Spokesperson (Immigration) 4:45, 4 March 2019

My Lords, I am sorry to prolong this a little. As the Minister said, the amendments allow for discretion, both as to whether to make a payment and as to the amount under the provisions relating to the surrender of weapons. The Secretary of State, Scottish Ministers and the Department of Justice in Northern Ireland must make regulations and may make regulations restricting eligibility and the procedure to be followed, which is understandable. So we have an overall mandatory context but a discretion both as to whether to make a payment and its amount. How can that operate justly and fairly?

The Minister said that the arrangements must be equitable, and I agree, but the draft regulations include provisions about eligibility for compensation and determining the amount of compensation,

“taking account of the valuation evidence supplied”.

They also provide for no compensation if the Secretary of State is not satisfied that, under the regulations, compensation is payable. Is what I have just quoted a discretion? It does not seem so to me. The term “discretion” in the amendments suggests there is a distinction for people who surrender weapons in an arbitrary fashion. I cannot believe that is what the Government intend but, given that we already have provision for valuing the weapons, why is discretion needed on top of secondary legislation that provides for the valuation?