Air Traffic Management and Unmanned Aircraft Bill [HL]

Debate between Baroness Vere of Norbiton and Viscount Goschen

Committee stage & Committee: 2nd sitting (Hansard): House of Lords & Committee: 2nd sitting (Hansard)
Wednesday 12th February 2020 Lords Chamber

[Viscount Goschen (Con)]

This, again, is an aspect of the Bill where there is unanimity across all sides of the House—we are all trying to achieve the same purpose. The question is how best to do so, especially in an environment where technology is moving extremely fast. I am certainly sympathetic to the sentiments expressed by the noble Lord, Lord Campbell-Savours, and other Members of the Committee.

When the Minister comes to reply to this very interesting debate, perhaps she might describe the other sanctions that a rogue operator may be subject to in addition to the fixed penalties outlined in Schedule 10. We are talking about a broad variety of potential consequences, from annoying the neighbours on a sunny summer’s afternoon to deliberately trying to destroy an aircraft containing hundreds of passengers over central London. What sanctions could have faced the operator or the person in control—to use the phraseology of the noble and gallant Lord—who caused the disruption to Gatwick only a short while ago whose extremely irresponsible actions could have resulted in a high degree of disruption to the whole travel system of the United Kingdom?

It may be more convenient to discuss my second point in a later group of amendments, but there is a real issue around promulgation of the law. Because these devices can be bought over the internet and from shops by people who I suggest may not be familiar with the Air Navigation Order, they are probably not aware of the rules and how dangerous this activity can be and its consequences. I look forward to my noble friend’s response.

[Baroness Vere of Norbiton]

My Lords, I am eternally grateful for this thought-provoking debate on confiscation and forfeiture. A number of issues have been raised. I will endeavour to cover as many as I possibly can, but I am aware that a number of noble Lords have made some very thoughtful points, so I will go away and read Hansard to make sure I have covered everything. At times, some very good points that I think we can address were made. At other times, there may have been some slight misconceptions as to the different types of offences and penalties being placed on people.

--- Later in debate ---

[Baroness Vere of Norbiton]

I agree with the noble and gallant Lord. The Government obviously take seriously the potential of a catastrophic accident. For those kinds of offences, the deterrent is far greater than having one’s drone taken away: it is a lengthy prison sentence and an unlimited fine. I remain unconvinced at this time that the confiscation or forfeiture of a drone is an additional means of deterrent.

I am trying to think of an example of an item being forfeited purely to provide that kind of deterrent effect. I will ask my officials to look at the issue and perhaps that will produce more convincing evidence.

[Viscount Goschen]

One can think of the example of the seizure and destruction of untaxed vehicles by public authorities. The specific deterrent is the loss of the vehicle in addition to any financial penalty.

[Baroness Vere of Norbiton]

I thank my noble friend for that good example. I am not against this; I just wonder what the evidence is. I shall ask my officials to look for more examples and to see whether it is likely to be proportionate and a deterrent, and whether the existing penalty system is sufficient to deter not only minor offences but the most serious.