THE GOVERNMENT, at long last, on Tuesday unveiled the fruits of its labour with regard to its efforts to make pepper spray available to those who feel unsafe in this country.
In the wake of an intense national focus on the problem of violence against women, a consensus developed among stakeholders that while it would be no silver bullet, letting women carry pepper spray would not only reduce the chance of an attack, but also make them feel more at ease when going about their daily routines.
That consensus eventually hardened into a call for specific legislation, even as the highest levels of Cabinet initially expressed doubt over the need for such a measure.
Perhaps those doubts linger. It is not clear how, if at all, the legislation unveiled on Tuesday will make it easier for women to arm themselves.
In fact, the bill arguably imposes significant hurdles to women who may wish to carry pepper spray.
The first thing to note is that the legislation piloted by Attorney General Faris Al-Rawi lumps pepper spray under 'firearms.' Indeed, the Firearms (Amendment) Bill 2021 seems more oriented to members of the law-enforcement fraternity and importers than it is towards women fearful for their lives.
The bill proposes the Commissioner of Police - who is already overburdened with the granting of firearms licences - have the final say when it comes to members of the public applying for permits to carry pepper spray.
The commissioner may delegate that power to an officer. However, either must be satisfied 'that the applicant has good reason' to have pepper spray in her possession.
Such a requirement might be difficult to satisfy, given how pepper spray is meant to deter assailants. A few cases may be clear-cut, such as if a protection order has been issued against a man who has threatened a woman. But without clear criteria, it is hard to see how an ordinary woman - indeed any citizen - will be able to cross this threshold in the application process.
At the same time, the bill places attention on the business aspect of things. There are controls permitting people to 'manufacture, produce, import, export, divert, sell or distribute' pepper spray under certain conditions.
The legislation does envision a cadre of people who will have reason to have these devices: estate police officers, municipal police officers and special reserve officers.
The overall impact of these provisions, therefore, seems to be to make it relatively tough for women to carry pepper spray, while at the same time providing a pathway to people who may wish to import or manufacture pepper spray for use by private guards or agents of the State. That's not what was imagined or called for by those advocating that pepper spray should be made legally available to frightened women and girls whose lives are at risk as they go about their normal, law-abiding activities.
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