Air Traffic Management and Unmanned Aircraft Bill [HL]

Debate between Lord Craig of Radley and Lord Naseby

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

[Lord Craig of Radley]

I will speak to my probing Amendment 27 and to Amendment 30. I follow the strong words that we have just heard from the noble Lord.

As I and many others stressed on Second Reading, the risk of a mid-air collision involving unmanned aircraft being operated illegally is very serious and even catastrophic. It would be remiss not to reflect the seriousness of that danger in the punishment awarded. Indeed, it might also be worth considering whether some form of third-party compulsory insurance should be acquired by all operators of unmanned aircraft.

The misuse of an unarmed aircraft should be liable not only to a fine, or imprisonment if the misuse were to be catastrophic, but should invariably include the forfeiture of the unmanned aircraft and its associated kit for any misuse that falls outside a single instance of the fixed penalty range of misbehaviour. A deterrent to misuse before flight is of potentially greater value than just a monetary punishment as the result of an airborne offence. Even in the fixed penalty range of misuses, a persistent offender should face the risk of forfeiture, or at least confiscation for a period of time.

It is too early to delve deeply into the secondary legislation that will introduce the fixed penalty arrangements. However, as with fixed penalty notices for car drivers, is it intended that a points system will be set up, so that an individual who repeatedly offends and amasses a number of penalty points within a set time will then face the confiscation of their unmanned aircraft and associated kit, either completely or at least for a period of time as the consequence of their repeated misbehaviour? The deterrent value of such a scheme is well worth considering, although I recognise that the administrative details for it will need careful thought and could even be deemed excessive.

[Lord Naseby]

My Lords, I would like to speak in support of Amendment 25, and again, I had hoped to see my name attached to it. I am not sure whether the Committee fully appreciates the sheer scale and numbers that we are dealing with. My judgment, as someone who has been keeping some track of what is happening, is that probably 2 million drones have now been sold and presumably are being flown. I have had the privilege of serving on the Public Accounts Committee with the noble Lord opposite, and on a number of occasions he and I would probe into issues in depth. I therefore say to my noble friend on the Front Bench that the probing which the noble Lord has done should be listened to and assessed very carefully.

Yesterday I went to a briefing on the importation of illegal tobacco. I have never smoked so I have no real personal interest other than ensuring that the revenue that should legitimately go to Her Majesty’s Government does so. There is little doubt that the people behind the illegal importation of tobacco are incredibly creative and show enormous genius, with the result that huge quantities are coming into this country. Allied to that is illegal drug importation, to which the same applies. I have just renewed my shotgun licence. The police are exceedingly careful about the renewal of such licences, not least by those of the older generation, in which I put myself. I am not surprised about that. The police checked thoroughly into where the guns are kept and whether they are properly locked away, and that we had security arrangements to ensure that if someone did break in, alarms would be set off.

We are absolute beginners in this field of activity and its implications. My friend the noble Lord on the Benches opposite is right to say that we are dealing with the rogue element but—as I have demonstrated by giving just two examples in drugs and illegal tobacco importation, and there are others—the rogue element is there in great profusion. Moreover, drones themselves provide a wonderful facility for illegal importation activities. Even if my noble friend on the Front Bench is not able to accept the wording of the amendment, I hope that she will think about it seriously and possibly come back at Report either to accept it or to table it with some minor modifications.

I will say to noble Lords that if we do not take action at this point in time, we will rue the day.