Laser Misuse (Vehicles) Bill [Lords]

Alan Brown Excerpts

2nd reading: House of Commons & Programme motion: House of Commons
Wednesday 18th April 2018 Commons Chamber

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

It is a pleasure to follow the right hon. Member for South Holland and The Deepings (Mr Hayes), and I join in the compliments to him: he certainly did have responsibility for the Vehicle Technology and Aviation Bill before June 2017 and also brought forward the Automated and Electric Vehicles Bill after the last general election. He is renowned for working in a cohesive and friendly and collegiate manner, and I pay tribute to him for that.

This Bill is welcome and I am sure it will have the support of the whole House, but its progress sums up this UK Government. As we have heard, the Bill was part of the previous Vehicle Technology and Aviation Bill, which fell because of the Government’s desperate general election strategy, so despite this new Bill supposedly being safety-critical, it is in fact the fourth Bill to be brought forward to cover the four main sections of VTAB. The timing therefore makes no sense.

We should also consider that today’s Chamber business was originally a Committee of the whole House sitting, to debate the Bill’s only two substantive clauses and the two clauses for definitions and extent to complete it. The whole House was supposed to discuss this four-clause Bill, yet following the Government’s taking action in Syria without a parliamentary vote, they refused to bring forward a substantive motion on Syria that the whole House could debate. That sums up the UK Government; it shows how they are padding out Government time, as the shadow Secretary of State said.

I served on the VTAB Committee and heard first hand from the British Airline Pilots Association—BALPA—about the incidents and risks associated with the shining of laser pens at pilots. We also heard about the need to consider air traffic control centres, because of the dangers of their staff being blinded, so it was very surprising that it was not until Report stage of this Bill that the Government included a clause to cover this aspect.

[Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)]

Was my hon. Friend as shocked as I was that it took the Government so long to react to BALPA’s warnings, particularly in respect of air traffic control centres?

[Alan Brown]

I absolutely agree, and my hon. Friend makes the point well. He, too, served on the VTAB Committee and heard that evidence first hand. The shadow Secretary of State took credit for the Labour party for pushing on that issue, but I point out that I challenged the Transport Secretary on it in relation to the Air Travel Organisers’ Licensing Act 2017. We all knew how safety-critical and important the issue was and it beggars belief that we are still only at this stage.

Figures from the Civil Aviation Authority show that more than 11,000 incidents have been reported at airports over an eight-year period. That is clearly unacceptable, and although there has been a downward trend, some 1,258 incidents were reported in 2016, so the frequency of such incidents is still much too high. Following a survey that BALPA undertook of its members, it stated:

“half of our pilots reported having experienced a laser attack in the last 12 months. 15% said they had experienced three or more”.

That illustrates the extent of the problem. It is not surprising, given its size, that Heathrow has been the most targeted airport. Sadly, however, Glasgow airport has been the next most targeted airport. In 2016, the number of incidents there doubled to 83, compared with 151 attacks at Heathrow. Glasgow has one fifth the number of flights of Heathrow, but more than half the number of attacks. So, on one level, the scale of the problem is much greater in Glasgow.

I support the fact that the Scottish National party and the Scottish Government are taking seriously any actions that could endanger aircraft and their crew and passengers, and the Scottish Government are strongly supporting the Civil Aviation Authority’s efforts to publicise the dangers, as well as the efforts of Police Scotland and the Crown Office and Procurator Fiscal Service to deal with those who maliciously direct lasers at aircraft and to ensure that they are prosecuted. As we heard from the VTAB Committee, the existing legislation is not robust enough in terms of the need to prove intent to endanger aircraft. I am therefore more than happy to lend my support to this Bill if it will help to provide the stick to impose penalties on those who undertake such attacks.

BALPA has provided further information on the risks from the attacks. For pilots, the major concerns surrounding a laser illumination are those of startle and distraction, but they might also suffer flash blindness, after-image and glare. BALPA advises that there are four progressive stages of seriousness: distraction, disruption, disorientation and even incapacitation. Bearing in mind the most serious effects, when there is a two-man crew, it might be possible to hand over control of the aircraft to the second pilot, but even that procedure would involve risk during take-off and landing, and of course, only a two-pilot aircraft would have that luxury. Single-man aircraft, particularly helicopters, have no such luxury. If those pilots are attacked, it is a matter of the utmost seriousness. In London, in particular, police helicopters are—let us not be kidded—a target for those with malicious intent. There were even 10 laser incidents involving air ambulances in 2016. The catastrophic consequences for an aircraft are pretty obvious, so it is a minor miracle, given that there have been 11,000 incidents, that there has not been a more serious outcome following what are to all intents and purposes laser attacks.

It is welcome that the Bill covers all vehicles. The British Transport police have confirmed an average of 100 attacks a year on trains, and anyone really wanting to cause mischief will always have easy access to the road network, where they can target any random driver on the roads. It is therefore welcome that the Bill picks up on road users as well. As I have said, this is a short Bill. As I intimated earlier, it is welcome that the Government have added clause 2, which relates to air traffic control. However, as the shadow Minister said, we also need to consider drones and the increasing danger that they present to aircraft when people use them around airports. We know that they are becoming cheaper and more accessible to people of all ages, and we really need to look at this.

We also need to look at controlling the sale of laser pens if we are going to reduce the incidence of their malicious use. Public Health England recommends that unqualified and untrained members of the public should not have access to lasers in excess of 1 mW without good reason. Despite this, it is easy to purchase hand-held lasers in excess of 4,000 times that capacity. I therefore support the fact that, following a call for evidence, the response from the Department for Business, Energy and Industrial Strategy confirms that the Government will take action to improve the frequency and resourcing of enforcement activities at ports and borders with the aim of improving the safety of the market for laser pointers and increasing enforcement activities against their imports. It would be good if the Minister advised us on the timescale for this welcome additional action.

Once the Bill is introduced, the Government will have to advise us on how they will review the effectiveness of these measures and how they will consider what additional steps might be required if these measures alone are insufficient to cut down on the incidence of laser attacks. The Bill is welcome, but I ask the UK Government to consider these other measures relating to the dangers to aircraft in particular. I look forward to at last getting the Bill through and moving forward.

--- Later in debate ---

[Ms Ghani]

There is no way that I could stand at the Dispatch Box and contradict my right hon. Friend, given that he spent many months preparing the Bill. No doubt his representations will be noted by the Home Office, and I will raise them with colleagues there personally.

I thank my hon. Friend the Member for Scarborough and Whitby (Mr Goodwill) for his contribution. I was a little nervous when I heard about his piloting skills; I am glad to see him safe and sound in the Chamber. He made valid points about the danger to pilots, air traffic controllers and taxiing aircrafts. He also recognised the work done by the CAA, which provides extra support and guidance for pilots in respect of eye health when they are subject to such attacks.

On the points made by the hon. Member for Kilmarnock and Loudoun (Alan Brown) and my hon. Friend the Member for Gillingham and Rainham (Rehman Chishti), the Department for Business, Energy and Industrial Strategy has responded following its call for evidence on the market for laser pointers. The Government have committed to take action to improve the frequency and resourcing of enforcement activities at ports and borders, with the aim of improving the safety of the market for laser pointers and increasing enforcement activities against the import of dangerous high-powered laser pointers. We have also committed to provide additional support for enforcement activities around the import of high-powered laser pointers. A grant of around £100,000 is available to local authorities so that they can increase checks and tests.

[Alan Brown]

I appreciate that the Minister has tried to give us a bit more clarity, but the key questions are about the timescales for the provision of additional resources, and about what additional resources will be provided at which ports throughout the United Kingdom.

[Ms Ghani]

The additional resources will be provided not only by my Department, in the form of the £100,000 for local authorities, but by BEIS and border control agencies. Getting the Bill through Parliament is one step towards implementing the restrictions and deterring people from the dangerous use of laser pens. That in itself will raise awareness of the crime and how dangerous it is to point laser pens at different types of transport.

I now move on to the contribution made by my hon. Friend the Member for Gillingham and Rainham, who has spent many years raising this issue, including through a private Member’s Bill. He has met many Ministers across many Departments and is a true champion of his constituency. He raised the valid point of how we collect accurate data about the number of offences that are committed across the many modes of transport. He is right to note that the Crown Prosecution Service does not keep full records of laser-related offences, and I will take that point up with my colleagues at the Ministry of Justice. I hope that he will be patient while yet another Minister tries to address one of his passionate interests by getting a Bill through Parliament.

My hon. Friend the Member for Southampton, Itchen (Royston Smith) has huge experience of this matter, which he was able to convey to Members today. He is a strong champion not only for his constituency, but for pilots across this country. He raised valid points about the safety of pilots and on the maximum sentence of five years. Five years represents the maximum prison term and that would be imposed only in the most serious cases. With such offences, it is important that we have an effective deterrent, and the penalty is in line with those for similar existing offences, such as endangering an aircraft, which also carries a maximum sentence of five years in prison under the Air Navigation Order 2016.

The safety and security of the travelling public will always be a priority for the Government. Given that more than 1,000 attacks on aircraft are reported each year, in addition to those on other modes of transport, we have a duty to act. The new offences will act as a deterrent to prevent these dangerous incidents from happening in the first place, but if they do occur, our proposals will help the police to bring offenders to justice.

We have had a good debate, and I am pleased that there is cross-party support for the Bill. Again, I acknowledge the work undertaken by my right hon. Friend the Member for South Holland and The Deepings. I acknowledge, too, all the work that my hon. Friend the Member for Scarborough and Whitby did as Aviation Minister. Of course, I also recognise the work of my noble Friend Baroness Sugg in successfully steering the Bill through the other place and of the UK laser working group. I am grateful to everybody who has been involved in the debate, and I hope that I have dealt with the points that have been raised. I commend the Bill to the House and look forward to discussing it further at its later stages.

Question put and agreed to.

Bill accordingly read a Second time.

Laser Misuse (Vehicles) Bill [Lords] (Programme)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the Laser Misuse (Vehicles) Bill [Lords]:

Committal

1. The Bill shall be committed to a Committee of the whole House.

Proceedings in Committee of the whole House, on Consideration and up to and including Third Reading

2. Proceedings in Committee of the whole House, any proceedings on Consideration and any proceedings in legislative grand committee shall (so far as not previously concluded) be brought to a conclusion two hours after the commencement of proceedings in Committee of the whole House.

3. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion three hours after the commencement of proceedings in Committee of the whole House.

Programming committee

4. Standing Order No. 83B (Programming committees) shall not apply to proceedings in Committee of the whole House, to any proceedings on Consideration or to other proceedings up to and including Third Reading.

Other proceedings

5. Any other proceedings on the Bill may be programmed.—(Paul Maynard.)

Question agreed to.