Not all legislation is suitable for swift devolution

Published on Sunday 5 July 2009 22:12

IN DEMANDING that legislative control over all firearms – not just air guns, as recommended in the Calman Report – be devolved to Scotland, justice secretary Kenny MacAskill has the apparent merit of simplicity. However, the complexities of firearms control do not disappear with devolution – and indeed may create opportunities for cross-border evasion and abuse.

Public demands for tighter control of firearms are renewed with every horrific case of gun crime or grossly irresponsible use of air guns. Regulations were tightened after two-year-old Andrew Morton died four years ago after being shot with an airgun in Glasgow's Easterhouse. The minimum age for possession of an air weapon was raised to 18 and firearms dealers were required to register with the police.

But moves to go further – for instance, piloting a licensing system in Scotland restricting air guns to those involved in pest control or shooting clubs – were rebuffed by the Home Office. The priority here must be to ensure that existing controls are tightly and effectively enforced. But the question of further legal restrictions will require far greater public debate, not least in a country where shooting is a legitimate and long-recognised country pursuit.

Debate should also encompass the precedent-setting nature of further legislation on safety grounds. There is much more to be considered here than simply "more Holyrood powers".