Source · Select Committees · Scottish Affairs Committee
Third Report - Firearms licensing regulations in Scotland
Scottish Affairs Committee
HC 710
Published 22 December 2022
Recommendations
9
Deferred
Secondly, we heard concerns about the language used in the legislation and statutory guidance.
Recommendation
Secondly, we heard concerns about the language used in the legislation and statutory guidance. Police Scotland told us that subjective language like “intemperate habits” or “unfitted to be entrusted with a firearm” caused potential for different police forces to interpret …
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Government Response Summary
The government is consulting on whether and how a similar form of leaflet on mental health could be made available throughout the United Kingdom and has been in discussion with the Scottish Government and Police Scotland about the work already undertaken in Scotland.
Scotland Office
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17
Deferred
Moving to a full-cost system for licence fees would free up some more resources for...
Recommendation
Moving to a full-cost system for licence fees would free up some more resources for the police forces to spend elsewhere - including being spent on improvements to the licensing process. Assistant Chief Constable Alan Spiers told us that “there …
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Government Response Summary
The UK Government will consider the recommendation to move to a full-cost system for license fees further when they consult on new fees for firearms licensing later this summer.
Scotland Office
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24
Deferred
We recommend that the UK Government put in place a two-tier system of firearms licence...
Recommendation
We recommend that the UK Government put in place a two-tier system of firearms licence costs. This system ought to require individuals who use firearms for leisure to pay the full cost of their licence applications, with no immediate financial …
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Government Response Summary
The UK Government will consider the recommendation for a two-tier system of firearms licence costs further when they consult on new fees for firearms licensing later this summer.
Scotland Office
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30
Deferred
Keith Brown MSP, Cabinet Secretary for Justice for the Scottish Government, stated that “[t]he issue...
Recommendation
Keith Brown MSP, Cabinet Secretary for Justice for the Scottish Government, stated that “[t]he issue of [ … ..] shopping for referees is an important one”.98 To combat this issue, the Cabinet Secretary suggested that “one way you could go …
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Government Response Summary
The government is seeking views in a consultation paper regarding interviewing partners and household members of those certificate holders or applicants with a record of violence and will look again at making the advice on domestic abuse clearer.
Scotland Office
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44
Deferred
We therefore recommend that the UK Government conduct a review investigating the merits of creating...
Recommendation
We therefore recommend that the UK Government conduct a review investigating the merits of creating a new service within the 101 service, which could direct callers towards call-handlers with firearms expertise (in the same way as the lifeboat and mountain …
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Government Response Summary
The government is seeking views on creating a new reporting service, including whether a specific phoneline should be introduced, how this might be funded, or whether existing services offer a better way to achieve the purpose, via a consultation paper.
Scotland Office
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46
Deferred
Any such review ought to include a survey of the public, to ascertain the public’s...
Recommendation
Any such review ought to include a survey of the public, to ascertain the public’s general understanding of how to use existing methods to raise concerns to the police. 120 Q186 121 Q185 122 Q185-Q186 123 Q185 124 Q185 125 …
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Government Response Summary
The government is seeking views on creating a new reporting service, including whether a specific phoneline should be introduced, how this might be funded, or whether existing services offer a better way to achieve the purpose, via a consultation paper.
Scotland Office
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47
Deferred
We heard (for example, from Reverend Gordon Matheson) that people close to an individual may...
Recommendation
We heard (for example, from Reverend Gordon Matheson) that people close to an individual may not know that they own, or are applying to own, firearms.129 This lack of knowledge may prevent family and friends from reporting concerns about an …
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Government Response Summary
The government is seeking views in a consultation paper regarding interviewing partners and household members of certificate holders or applicants with a record of violence and will look again at making the advice on domestic abuse clearer.
Scotland Office
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53
Deferred
We recommend that, when approaching potential referees, applicants would be required by police to share...
Recommendation
We recommend that, when approaching potential referees, applicants would be required by police to share their unique application reference numbers with those referees. This would make it simpler to report concerns about applicants to the police. Such a system would …
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Government Response Summary
The government is consulting on possible changes to the role and participation of referees in the firearms licensing process, as similar issues were raised by the IOPC and the Senior Coroner for Plymouth, Torbay and South Devon.
Scotland Office
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87
Deferred
We recommend that the UK Government and Scottish Government work together to investigate the merits...
Recommendation
We recommend that the UK Government and Scottish Government work together to investigate the merits of medical practitioners and police conducting interim checks on firearms licence holders. These checks would take place between licence application and renewal. Interim checks would …
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Government Response Summary
The government is seeking views on the merits of medical practitioners and police conducting interim checks on firearms licence holders in the consultation paper and highlighted the existing digital marker program.
Scotland Office
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98
Deferred
We recommend that the UK Government support the shooting community in advertising avenues to mental...
Recommendation
We recommend that the UK Government support the shooting community in advertising avenues to mental health support, to build on the recent release of leaflets about mental health in that community. We recommend that the UK Government ask the Scottish …
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Government Response Summary
The UK Government is consulting on whether and how a similar form of leaflet on mental health could be made available throughout the United Kingdom, and has been in discussion with the Scottish Government and Police Scotland about the work already undertaken in Scotland.
Scotland Office
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99
Deferred
The tragic incident on the Isle of Skye highlighted the particular challenges faced by rural...
Recommendation
The tragic incident on the Isle of Skye highlighted the particular challenges faced by rural communities traumatised by fatal shootings. In relation to mental health generally, the British Shooting Sports Council told us that “the isolation inherent in some rural …
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Government Response Summary
The government is consulting on whether and how a leaflet on mental health could be made available throughout the United Kingdom, and is in discussion with the Scottish Government and Police Scotland about the work already undertaken in Scotland.
Scotland Office
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2
Deferred
We recommend that the UK Government put in place a two-tier system of firearms licence...
Recommendation
We recommend that the UK Government put in place a two-tier system of firearms licence costs. This system ought to require individuals who use firearms for leisure to pay the full cost of their licence applications, with no immediate financial …
Read more
Government Response Summary
The government will consider the recommendation for a two-tier system of licensing fees further when consulting on new fees for firearms licensing later this summer, which will be informed by a data collection exercise.
Scotland Office
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4
Deferred
Para 33
We recommend that the UK Government conduct a review of the referee system, to determine...
Recommendation
We recommend that the UK Government conduct a review of the referee system, to determine whether it is fit for purpose. This review ought to address the issue of individuals canvassing for positive references, or putting pressure on people to …
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Government Response Summary
The government is consulting on possible changes to the role and participation of referees in the firearms licensing process.
Scotland Office
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Conclusions (35)
10
Conclusion
Deferred
Thirdly, shooting organisations like the British Association for Shooting and Conservation have expressed concerns that “there remain too many loopholes for the forces to choose from”.26 They state that this may cause inconsistencies between police forces dealing with firearms, saying “policy decisions are being made on a force-by-force basis. One …
Government Response Summary
The government has started a consultation for eight weeks on the recommendations made in the committee's report, the Senior Coroner's report, and the IOPC report.
11
Conclusion
Deferred
Finally, we heard from the Gun Control Network that “[t]he primary weakness in the regulatory system is how the licensing process is conducted”.29 The organisation stated that “the following may have contributed”30 to “failures in the process”31: “Inadequate guidance resulting in, for example, failure to require family and household members …
Government Response Summary
The government has started a consultation for eight weeks on the recommendations made in the committee's report, the Senior Coroner's report, and the IOPC report.
13
Conclusion
Deferred
It has been said that Scotland’s system for processing firearms licence applications is “among the best in the UK”.43 While police forces in England, Wales and Northern Ireland have experienced delays in granting and renewing firearms licences, this is not the case in Scotland.44 Superintendent Steven Duncan, Head of National …
Government Response Summary
The government is consulting on the recommendations from the Committee, the Senior Coroner for Plymouth, Torbay and South Devon, and the IOPC, and will bring forward a further consultation on specific Government proposals on legislation if new legislation is deemed necessary.
14
Conclusion
Deferred
In Scotland, individuals pay fees of £88 for each new firearms licence application and £62 for each firearms licence renewal.51 Superintendent Steven Duncan, Head of National Firearms and Explosives Licensing for Police Scotland, told us that “fees have not been changed for a number of years”.52 However, Rt Hon. Chris …
Government Response Summary
The UK Government will consider fees for firearms licensing further when they consult later this summer, informed by a data collection exercise.
15
Conclusion
Deferred
Applicants do not pay for the full cost of their licences. The cost to the police forces processing applications and renewals is higher than the income from licence fees. Some reports state that “the cost of handling a firearms licence application by the licensing departments can differ by up to …
Government Response Summary
The government will consider this recommendation further when they consult on new fees for firearms licensing, informed by a data collection exercise to gather up-to-date information on the costs, looking to set fees to enable full-cost recovery for the police.
16
Conclusion
Deferred
Assistant Chief Constable Alan Spiers, Strategic Firearms Commander for Police Scotland, told us that the amount generated by the licence fee “goes only a very small way towards supporting some of the costs associated with firearms licensing”.58 Rt Hon. Chris Philp MP of the Home Office told us that “[e]ffectively …
Government Response Summary
The UK Government will consider fees for firearms licensing further when they consult later this summer, informed by a data collection exercise, with the aim of setting fees to enable full-cost recovery for the police.
18
Conclusion
Deferred
Dr Colin Shedden, Director Scotland of the British Association for Shooting and Conservation, told us that “[t]here is a wide range of people involved in shooting sports, from some who obviously are wealthy and can afford it to those less fortunate, but who can still enjoy the sport”.69 Dr Shedden …
Government Response Summary
The UK Government will consider this recommendation further when they consult, later this summer, on new fees for firearms licensing, which will be informed by a data collection exercise.
19
Conclusion
Deferred
One solution could be a two-tier system of licence fees. This could require those who shoot for leisure to pay the full cost of their firearms licences (with no cost to police forces or the taxpayer), while individuals who shoot for work could have their licences fully or partly funded. …
Government Response Summary
The UK Government will consider fees for firearms licensing further when they consult later this summer, informed by a data collection exercise, with the aim of setting fees to enable full-cost recovery for the police.
20
Conclusion
Deferred
The matter of firearms licence fees is reserved, as they are set by the Home Office. However, the Scottish Government contribute to the working group on licence fees.74 Keith Brown MSP, Cabinet Secretary for Justice for the Scottish Government who represents the 64 Q150 65 Q150 66 Fieldsports Channel, Police …
Government Response Summary
The UK Government will consider this recommendation further when they consult, later this summer, on new fees for firearms licensing, which will be informed by a data collection exercise.
21
Conclusion
Deferred
Rt Hon. Chris Philp MP told us that he endorsed the full-cost system of licence fees - saying that “It is not really fair that the taxpayer generally or police forces subsidise a relatively small group of people” so “the funding of this service… should ultimately fall on the applicant”.78 …
Government Response Summary
The UK Government will consider this issue further when they consult on new fees for firearms licensing later this summer.
22
Conclusion
Deferred
The Minister also told us that a review of the statutory guidance for police forces on firearms licensing is being conducted, one year after its introduction. As part of this review, licence fees are being considered. He told us that “[t]he review is being conducted broadly with that thought in …
Government Response Summary
The UK Government will consider the recommendation regarding licence fees further when they consult on new fees for firearms licensing later this summer.
23
Conclusion
Deferred
Police forces’ resources are stretched, so it seems unsatisfactory that they bear most of the cost of processing applications for firearms licences. It would seem desirable to move towards a situation where those people seeking a licence pay a fee to cover the cost of the process that it involves.
Government Response Summary
The government will consider the recommendation further when they consult on new fees for firearms licensing, informed by a data collection exercise to gather up-to-date information on costs, looking to set fees to enable full-cost recovery for the police.
25
Conclusion
Deferred
Amongst other requirements as part of the licensing process, applicants must give the police character references from two referees who must have known them for at least two years81 and be “of good character”.82 Police will contact at least one referee - whether by telephone, e-mail or home visit.83 Licence …
Government Response Summary
The government is consulting on possible changes to the role and participation of referees in the firearms licensing process, as similar issues were raised by the IOPC and in Prevention of Future Deaths reports.
26
Conclusion
Deferred
By requiring applicants to provide proof that they are considered “fit to be entrusted with a firearm”84, the referee system currently in place was installed with the aim of protecting public safety and the peace. This is the principal consideration in firearms licensing regulations.85 We heard that police forces will …
Government Response Summary
The government is consulting on possible changes to the role and participation of referees in the firearms licensing process, as similar issues were raised by the IOPC and in Prevention of Future Deaths reports.
27
Conclusion
Deferred
During this inquiry, we heard about several problematic issues with the referee system. Firstly, Reverend Gordon Matheson (pastor of the Free Church of Scotland at Sleat and Strath on the Isle of Skye) told us that “canvassing for favourable character references is one of the things people found very difficult”.88 …
Government Response Summary
The government is consulting on possible changes to the role and participation of referees in the firearms licensing process, as similar issues were raised by the IOPC and in Prevention of Future Deaths reports.
28
Conclusion
Deferred
We also heard concerns about applicants putting pressure on people to provide references. Reverend Gordon Matheson told us that people in more remote and rural 81 Home Office, Firearms licensing: statutory guidance for Chief Officers of Police, December 2021, page 6 82 Q193 83 Home Office, Firearms licensing: statutory guidance …
Government Response Summary
The government is consulting on possible changes to the role and participation of referees in the firearms licensing process, noting similar issues were raised by the IOPC and in reports issued by the Senior Coroner.
32
Conclusion
Deferred
The referee system has merit in protecting public safety and the peace; but we have significant concerns about the referee system for the firearms licensing process, which must be addressed before it is fit for purpose. These include concerns about applicants 92 Q34 93 Q34 94 Royal Canadian Mounted Police, …
Government Response Summary
The government is consulting on possible changes to the role and participation of referees in the firearms licensing process.
36
Conclusion
Deferred
As the Scottish Government told us: “The purpose of firearms licensing regulation is to protect public safety”.106 It is important for public safety that people can raise concerns about individuals who own, or are applying to own, firearms - for example, to express concerns about someone’s mental health.107 It is …
Government Response Summary
The government is seeking views on creating a new reporting service in an accompanying consultation paper, including whether a specific phoneline should be introduced and how it might be funded.
37
Conclusion
Deferred
Currently, there are several ways in which people can report concerns to the police. One way is to call the 101 service for non-emergency incidents. Fraser Lamb, Firearms Licensing Adviser for the Scottish Association for Country Sports, told us that police will ask firearms licence applicants’ referees: “‘Would you know …
Government Response Summary
The government has noted the recommendation about creating a new reporting service and are seeking views on this in the accompanying consultation paper.
38
Conclusion
Deferred
We have, however, also heard calls for a dedicated hotline to augment these existing ways to contact the police, which people could use to report concerns about firearms owners anonymously. Dr Michael North, a founding member of the Gun Control Network, stated that “it is sometimes very difficult”112 to contact …
Government Response Summary
The government has noted the recommendation about creating a new reporting service and are seeking views on this in the accompanying consultation paper.
39
Conclusion
Deferred
Several witnesses have told us that establishing a new hotline may not be necessary, as there are other existing ways to raise concerns. For example, Assistant Chief Constable Spiers told us that already “there are a range of ways in which we encourage family, friends and clubs to make contact …
Government Response Summary
The government is seeking views on creating a new reporting service, including whether a specific phoneline should be introduced, how this might be funded, or whether existing services offer a better way to achieve the purpose, via a consultation paper.
40
Conclusion
Deferred
We have heard that there may be challenges involved with establishing and advertising a new hotline. One challenge may be resourcing. Assistant Chief Constable Spiers told us that there are “a number of challenges that Police Scotland would face depending on the future funding of Police Scotland”119, which may make …
Government Response Summary
The government has noted the recommendation about creating a new reporting service and are seeking views on this in the accompanying consultation paper.
41
Conclusion
Deferred
However, the Cabinet Secretary further told us that - while “We should always keep an open mind on these things” - “I am not sure that a hotline would add a great deal”.122 The Cabinet Secretary stated that there are “ways in which people can already get in touch with …
Government Response Summary
The government is seeking views on creating a new reporting service in an accompanying consultation paper, including whether a specific phoneline should be introduced and how it might be funded.
42
Conclusion
Deferred
We heard that, previously, the Home Office have participated in discussions about establishing a hotline. Dr Michael North told us that the Gun Control Network “have talked to the Home Office about it and it looked as though there may have been money set aside for it… but it never …
Government Response Summary
The government is seeking views on creating a new reporting service, including whether a specific phoneline should be introduced, how this might be funded, or whether existing services offer a better way to achieve the purpose, via a consultation paper.
43
Conclusion
Deferred
A single, dedicated channel for reporting concerns about people who own, or are applying to own, firearms could make that process simpler and easier. However, a dedicated hotline may be too difficult to resource and we are very much aware of the challenges around advertising such a new hotline, such …
Government Response Summary
The government has noted the recommendation about creating a new reporting service and are seeking views on this in the accompanying consultation paper.
48
Conclusion
Deferred
It has been suggested that these issues could be addressed by assigning unique reference numbers to firearms licence applications and renewal applications. Police forces in the UK already give application numbers to applicants and certificate numbers to people who have been granted firearms licences130, and personal identification numbers and application …
Government Response Summary
The government is consulting on possible changes to the role and participation of referees in the firearms licensing process, as similar issues were raised by the IOPC and the Senior Coroner for Plymouth, Torbay and South Devon.
50
Conclusion
Deferred
So that concerns can be raised at the earliest opportunity, Reverend Gordon Matheson suggested that people seeking a reference should need to provide potential referees with their unique application reference number.132 This would mean that, if someone has concerns about an application which is in the process of being made, …
Government Response Summary
The government is consulting on possible changes to the role and participation of referees in the firearms licensing process, as similar issues were raised by the IOPC and the Senior Coroner for Plymouth, Torbay and South Devon.
51
Conclusion
Deferred
We heard from several witnesses that it is important that reference numbers would not be related to an openly available register of firearms. Reverend Gordon Matheson stated that “for good reasons… you don’t want public awareness of who everyone with a firearm is”.134 Similarly, Dr Colin Shedden, Director Scotland for …
Government Response Summary
The response redirects the focus to the review of referees in the firearms licensing process, noting similar issues raised by the IOPC and the Senior Coroner for Plymouth, Torbay and South Devon and stating that they are consulting on possible changes.
52
Conclusion
Deferred
It would be valuable to have a single, simple means by which to identify people applying for a firearms licence about whom concerns have been raised, to assist police when investigating these concerns.
Government Response Summary
The government is seeking views on creating a new reporting service in an accompanying consultation paper, including whether a specific phoneline should be introduced and how it might be funded.
56
Conclusion
Deferred
We heard in evidence about some of the potential benefits of shortening the length of time before a renewal was required. Dr Michael North (a founding member of the Gun Control Network) told us that the Gun Control Network “would certainly argue in favour of a shorter period… [because] some …
Government Response Summary
The government has noted the committee's recommendation to keep the five-year renewal period under review and is seeking views on this issue in the consultation paper.
59
Conclusion
Deferred
Overall, there is no general agreement on whether the current five-year renewal period should be shortened or lengthened. This means that there may be little value in changing it. Presently, Superintendent Duncan stated, “the reality is that a large majority of the renewals pass through the system without any further …
Government Response Summary
The government has noted the Committee’s recommendation that the current renewal period of five years remain in place but that it should be kept under review and is seeking views on this issue in the consultation paper.
61
Conclusion
Deferred
Rt Hon. Chris Philp MP, Minister for Crime, Policing and Fire for the Home Office, summarised the advantages and disadvantages of shortening and lengthening the firearms licence renewal period: “If the length of time were reduced, it would catch change in circumstances faster but, equally, it would impose a higher …
Government Response Summary
The government has noted the committee's recommendation that the current renewal period of five years remain in place, but is seeking views on this issue in the consultation paper.
62
Conclusion
Deferred
The Minister told us that “[i]t is a balance… [t]he balance is currently struck at five years”.165 He suggested that the Home Office would be willing to consider reviewing the firearms licence renewal period, saying: “we are very happy to look at evidence arguing both ways… I would be very …
Government Response Summary
The government has noted the committee's recommendation that the current renewal period of five years remain in place, but is seeking views on this issue in the consultation paper.
1
Conclusion
Deferred
Para 23
Police forces’ resources are stretched, so it seems unsatisfactory that they bear most of the cost of processing applications for firearms licences. It would seem desirable to move towards a situation where those people seeking a licence pay a fee to cover the cost of the process that it involves.
Government Response Summary
The government stated that it will consider the recommendation for a two-tier system of licensing fees further when they consult, later this summer, on new fees for firearms licensing, which will be informed by a data collection exercise to gather up-to-date information on the costs and time spent on licensing related activities by police force.
7
Conclusion
Deferred
Para 42
A single, dedicated channel for reporting concerns about people who own, or are applying to own, firearms could make that process simpler and easier. However, a dedicated hotline may be too difficult to resource and we are very much aware of the challenges around advertising such a new hotline, such …
Government Response Summary
The government has noted the recommendation around creating a new reporting service and is seeking views on this in the accompanying consultation paper.