CBA has issues with security rule

ACID RETORT

WEAPONS • PROPOSALS BY THE UK GOVERNMENT TO INTRODUCE NEW RESTRICTIONS ON THE SALE OF CORROSIVE SUBSTANCES COULD CAUSE PROBLEMS FOR INDUSTRY, CBA SAYS

THE UK GOVERNMENT has proposed new legislation in the form of the Offensive Weapons Bill, which aims to introduce new controls on the sale of firearms, knives and corrosive substances. The bill is a response to a series of recent terrorist and criminal attacks. Corrosive substances have been included after a string of violent attacks in which strong acids were used to injure victims.

The UK Chemical Business Association (CBA), which represents companies involved in the distribution, trading and supply of chemicals, has highlighted several legislative and practical concerns with the provisions of the Bill. “Whilst we understand the public concern that has prompted the legislation, we do not believe firearms, knives and corrosive substances can be effectively covered in a single piece of legislation primarily designed to control retail rather than business-tobusiness (B2B) transactions,” says Peter Newport, chief executive of CBA.

“ID PLEASE” In its submission to the House of Commons Committee reviewing the Bill, CBA has emphasised the differences between retail and B2B chemical transactions, the additional costs involved for CBA member companies were the Bill to be implemented in its current form, and the potential overlap with existing chemicals legislation.

When CBA member companies sell corrosive substances, they are engaged in B2B transactions that, despite being fundamentally different from retail transactions, fall within the new definition of “remote selling” adopted by the Bill that covers all orders received over the phone, by fax, email or online.

For regular business customers placing repeat orders, security factors will already be known. For new customers, CBA member companies apply the ‘Know your Customer’ protocols agreed jointly with the Home Office and National Counter Terrorism Security Office to ensure the order, company and the proposed application are legitimate. “These protocols do not currently include checking that the person placing the order or accepting the subsequent delivery is over 18 years of age as required by the draft Offensive Weapons Bill,” says Newport. “Checking someone’s age has been a long-standing part of the process for the retail sale of alcohol or tobacco, but it cannot easily be incorporated into B2B transactions.”

CBA has highlighted the term “delivered into the hands of a person aged 18 or over” used in the Bill obliges delivery drivers to verify the age of the person physically receiving the order. This would require additional training both in in handling the verification process and managing the outcome should doubts about the recipient’s age remain.

There are other regulatory issues, as CBA believes that certain aspects of the Bill conflict with existing regulations. For example, the use of the term “clearly marked to indicate that it contained a corrosive product” requires suppliers to add – at significant cost - additional labelling over and above the current requirements of the Classification, Labelling and Packaging of Substances and Mixtures Regulation (CLP) and may in fact be contrary to those existing provisions.

Newport continues: “We support the general aims of the proposed legislation, but believe a more focused approach for corrosives is required to ensure its overall provisions are pragmatic, proportionate and substantial for the industry sectors serving legitimate users.” HCB www.chemical.org.uk