Laser Misuse (Vehicles) Bill [HL]

Debate between Lord Palmer of Childs Hill and Lord Tunnicliffe

Committee: 1st sitting (Hansard): House of Lords
Tuesday 23rd January 2018 Lords Chamber

[The Deputy Chairman of Committees (Lord Palmer of Childs Hill) (LD)]

I need at this stage to mention that I cannot call Amendments 3 or 4 because of pre-emption if this amendment is agreed.

[Lord Tunnicliffe]

My Lords, this group of amendments falls under two issues: one is control towers and control buildings, the other is what I call “to dazzle or not to dazzle”. Amendments 2, 6, 8, 10, 12 and 14 refer to the former—I accept that they also refer in part to dazzling or not dazzling—and I tabled Amendment 3, which is directly on the dazzle issue.

I think everybody involved with the Bill supports the central idea that we should prohibit the shining of lasers at aircraft because of the associated risk. Beyond that, there has been a degree of mission creep. The Government’s piece of mission creep has been to want to apply this to all vehicles—fair enough. The aviation lobby’s mission creep has been to want to apply it to control towers—fair enough. When you have had those pieces of mission creep, it is reasonable to apply it to control buildings, although I would be more supportive if there were concrete examples.

We in general support the thrust of the amendments, but I am slightly uncomfortable, because they start to nudge up against the concept of lasers as weapons. The Government must take on board the concept of the use of lasers as weapons in society in general and study this worrying development. That relates to matters such as importation, the crime of carrying such a weapon, and so on. But we do not want to confuse the Bill by going into that territory. I hope that the Minister will take that concern back to her colleagues. I believe that there is already work in BEIS taking place.

To dazzle or not to dazzle is all about gaining a successful prosecution. Our amendment increases the probability of successful prosecution, because it does not require the court to have, completely misquoting Elizabeth I, a window into men’s minds. In other words, the court does not have to prove what people were thinking when they did it. I know that there is general discomfort about strict liability offences, but the issue here is about balance. It boils down to: for what other purpose, having regard to the defence in Clause 1(2), would anyone shine a laser at a vehicle other than to dazzle and distract? That simplicity pushes one towards taking away the dazzle and distract requirement for successful prosecution. I shall deal with my amendment at the appropriate time.