Calman sets sights on gun control power

CONTROL over firearms law is set to be handed from Westminster to Holyrood under a controversial plan that could finally lead to an airgun ban north of the border.

A group of experts studying the Scottish Parliament has placed gun control at the top of its list of powers that could be transferred from London to Edinburgh, Scotland on Sunday understands.

If the Calman Commission goes ahead and recommends the change it would almost certainly result in SNP ministers delivering on their pledge to ban air weapons north of the border.

SNP ministers have demanded that firearms laws be devolved following a spate of crimes committed with airguns, including the death of two-year-old Andrew Morton, from Easterhouse, Glasgow.

His death in 2005 prompted 11,000 people to sign a petition calling for an outright ban on the sale of airguns in Scotland. In total, more than 1,000 people have been injured over the past eight years from airgun pellets.

But UK Home Secretary Jacqui Smith has set her face against the move. UK Government officials fear that a Scotland-only ban on airguns would create confusion and a thriving black market for the weapons.

The commission, headed by Sir Kenneth Calman, has yet to reach a decision on which powers should be transferred, but Calman told MPs last week that firearms legislation was a key area being looked at.

Other sources have confirmed that firearms legislation is "one of the principal areas under active consideration".

Despite ongoing opposition from the Home Office, the commission is said to be increasingly swayed by evidence from Scottish police forces which have declared they are happy for the laws to come under Holyrood's jurisdiction. Scottish Justice Secretary Kenny MacAskill has called for firearms laws to be devolved, arguing that there are specific problems north of the border which require tougher action.

Campaigners have pointed out that Northern Ireland has separate firearms laws and there is therefore no impediment to Scotland following suit.

The Calman Commission will not confirm any changes until this summer when its final report will be published. Calman insisted last week that no decisions had yet been taken, but asked to name any areas which were being looked at for a transfer of powers, he highlighted firearms laws.

A Commission source said: "It is undoubtedly one of the principal areas under active consideration. Scottish police are comfortable with it but the Home Office most certainly are not. We have conflicting evidence."

MacAskill said last night: "Current firearms legislation has been amended and extended over 40 years and is complicated, piecemeal and difficult to enforce. That's why we want to take a fresh and overarching look at the law around firearms and to make sure we have a clear, modern and enforceable system that protects the people of Scotland.

"I have asked the Home Secretary numerous times to take action to review the law or to devolve the necessary powers and allow the Scottish Government to do so. I've also asked for Scotland to be allowed to pilot a simple Licensing Scheme, which has also so far been refused. There are specific Scottish concerns – such as the need for regulation of air weapons – that need to be addressed."

SNP ministers say they will launch a public information campaign next month on the dangers of misusing firearms.

Scotland on Sunday also understands the Commission is poised to recommend that some powers currently at Holyrood will be returned to Westminster. The Commission is studying whether to hand back powers over food standards to Westminster. The Food Standards Agency is currently overseen from Edinburgh, but the Commission has taken evidence suggesting powers should revert to Westminster.

Such a move will be controversial as there have been several food-related diseases in Scotland in recent years, including the e-coli outbreaks.

The Commission may also recommend that Westminster takes over power on corporate insolvency. Holyrood currently has jurisdiction over businesses which go into liquidation or administration but the Commission may end up recommending that powers revert back to Westminster because there are so few differences in the law north and south of the border.