Laser Misuse (Vehicles) Bill [HL]

Baroness Randerson Excerpts

2nd reading (Hansard): House of Lords
Tuesday 9th January 2018 Lords Chamber

[Baroness Randerson (LD)]

My Lords, like other noble Lords I welcome this Bill and the other announcements made yesterday by the Government. This is another example of an issue created by modern technology and, as is so often the case, the Government have struggled to keep up with the development of that technology. Once again, we certainly will support the Bill as far as it goes, but we believe that the Government need a more comprehensive approach to this problem. My thoughts chime very closely with those of the noble Lord, Lord Kirkhope, on this issue.

This is certainly a substantial problem, and the Minister has outlined that problem in statistical terms and correctly identified that there is underreporting of these incidents—probably greater underreporting in the case of trains than planes because it is not yet an offence to shine a laser at a train. Although this is already an offence in the case of planes, I agree with other noble Lords that the penalties are not adequate, and that these offences are not easily dealt with by the police because of the need to determine intent. The existing fine is not adequate either. When you look at the potential to cause an accident involving hundreds of people, a maximum fine of £2,500 is certainly not adequate.

We welcome the wide meaning of the term “vehicle” in the Bill. It is easy to appreciate that a laser pointed directly at a motorist is just as likely to cause an accident as one pointed at an airplane pilot, although not one involving as many people. As the power of lasers increases and the beams widen, the problem will only get worse. In the case of planes, the standard response that the co-pilot can take over is not necessarily workable. I agree with the comment about control towers and whether they should be included in the Bill: in other words, should “vehicle” also include control towers?

Many thousands of these laser pointers are already on the market and in people’s homes. Many of them are mislabelled with no health and safety warnings and in many cases are owned by people who do not understand the dangers they pose. A friend told me recently that her grandchildren were given laser pens as Christmas stocking-filler gifts. Their immediate reaction was to point them at each other. Fortunately, their parents understood the dangers posed by those pens, and the well-meaning relative who gave them as gifts was gently given the information she needed to avoid making such a mistake again. However, there are over 150 recorded instances of eye damage caused by lasers, most of them to children. Earlier this week, I saw on television a young boy whose eye had been damaged by a laser pen. Lasers pose a danger not just to those in charge of vehicles but to people’s health.

I believe that the potential power of lasers nowadays means that it is time for us to consider treating them as offensive weapons, as BALPA suggests. The noble Lord, Lord Kirkhope, drew an analogy with knives. We all own and use knives. However, we accept that clearly set-out criminal offences apply if they are carried or used for criminal, illegal or threatening purposes. The number of people who legitimately need to use or own a laser is very much smaller than those who need to own a knife—we all do—so the problem should be much easier to deal with. In fact, the number is so small that it is reasonable to suggest that those who need to own a laser should be licensed. This proposal was put forward as a policy option by the Government in their call for evidence last August, but was not included in yesterday’s announcement. Therefore, I ask the Minister: why was it not included, as I believe that licensing is used in some other countries?

I welcome yesterday’s announcement, as I said, as at least a start on a comprehensive approach, but it was a limited start. I say to the Minister that the market simply will not fix this issue. I rather suspect that when the Government say that they will support local authority teams to carry out increased checks at the border, they probably mean that they will provide some advice and not provide a big increase in money or resources, which is what they really need. I am also sceptical that working with manufacturers, as the Government suggest, and with retailers, will deal effectively with the problem end of this market—and it is a market with a very long tail. To detect small, easily shipped and cheaply purchased lasers, many of them bought online, is a complex problem that needs a bold and comprehensive approach.

Last August, the Government also consulted on banning adverts for high-powered lasers and on the potential for a social media campaign. Can the Minister explain why these options are apparently not being pursued at this moment? What will the Government do to ensure that labelling is accurate and to penalise manufacturers and retailers who sell mislabelled products?

Finally, I take this opportunity to press the Minister again on the issue of drones, which are clearly not tackled by the Bill. There are so many similarities between lasers and drones. They are both modern technology with a legitimate use, which in the wrong hands can become dangerous weapons. They are uncontrolled modern technology at this time, and many hundreds of thousands of drones were sold as presents this Christmas, so the problem will multiply in the coming year. Yet the Government still have not brought forward legislation. They had a golden opportunity to link the control of drones with the control of lasers in the Bill, but unfortunately, that opportunity has been allowed to slip past. Laser control does not have to stand alone. As the Minister told us, originally it was part of the Vehicle Technology and Aviation Bill, so why are drones not included now, and when can we expect to see some government action on them?

--- Later in debate ---

[Baroness Sugg]

I thank the noble Lord for his intervention. Trying to define all the different types of journey which may take place is complicated. As I say, our advice is that “journey” is the best way to describe it, but I will take the noble Lord’s comments away and consider them ahead of the Committee stage.

The noble and gallant Lord, Lord Craig, also mentioned horse-drawn carriages, which I am afraid will not be covered by the Bill. We have not seen any evidence of a problem, so horse-riders will not be covered either. We work closely with the British Horse Society and other organisations but, as I say, they have not raised any safety concerns. However, we will keep the issue under review and perhaps follow it up with them.

We have consulted carefully with the Ministry of Defence on the Bill and indeed with the Military Aviation Authority. The offence will cover both military and civilian vehicles, and the Bill has received support from Ministers in the Ministry of Defence. We will continue to work closely with the MoD and the MAA, some of whose representatives are also members of the UK Laser Working Group, which meets regularly.

On licensing and import controls, as I mentioned in my earlier speech, we have committed to providing additional support for enforcement activities around the import of lasers. We are working to deliver more effective labelling and to promote public awareness. However, after considering the evidence, we do not intend to introduce a licensing regime.

[Baroness Randerson]

What precisely does the Minister mean by “support for local authorities”? That is the key thing. Support can mean providing advice and information or it can be firm, practical help.

[Baroness Sugg]

We are working with local authority ports and borders teams to advise them on prioritising the checking of imports. We have allocated a grant of £100,000, as the noble Lord, Lord Rosser, mentioned, to help them have an immediate and targeted impact. We are also working with online retailers and importers.