Laser Misuse (Vehicles) Bill [HL]

Lord Brown of Eaton-under-Heywood Excerpts

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

[Lord Oxburgh (CB)]

My Lords, I rise to support my noble and gallant friend Lord Craig. We should be grateful to him for drawing attention to this aspect of the Bill. I apologise to the Committee for not having been free to participate at Second Reading. Fundamentally, what my noble and gallant friend is trying to do is to future-proof and, dare I say, lawyer-proof the Bill. It would not be useful to have counsels who did not really understand what they were about arguing over this in court.

I notice that the last five or six subsections of Clause 1 relate to definitions of words which are in general, commonplace use. I suggest that the Minister adds a subsection to that group defining what the Government mean by laser. In doing so, dare I suggest that she consult the holder of my former office in the MoD, who could give up-to-date advice on appropriate wording for the definition of a laser here? The fact is that there are lasers of different kinds, different definitions of laser and some devices which would be called a laser under one definition but not another. It would be quite useful to add a subsection, duly considered, from an authoritative source that dealt with that.

[Lord Brown of Eaton-under-Heywood (CB)]

My Lords, it is plain that anyone trying to dazzle or distract someone in control of a vehicle by using any laser device ought to be guilty of a criminal offence. The critical question raised by this group of amendments is whether the dazzling or distracting light produced by every sort of laser device can properly be described as a beam. If it can, there is no need for this amendment. But if, as I understand is being suggested by my noble and gallant friend Lord Craig of Radley, supported by no less distinguished a scientist than my noble friend Lord Oxburgh, other laser devices such as a laser gun or rifle can reasonably be said to produce light not by beam, but in some other way—by pulse, burst or whatever—the Bill as drafted may well not catch these other sorts of laser misuse.

As a lawyer, I thought to remind myself of the cardinal legal principles that apply to the construction of statutes. To this end, I consulted Bennion on Statutory Interpretation, the sixth edition of which runs to no fewer than 1,200-odd pages. The only relevant principles perhaps worth mentioning here are what is called the principle against doubtful penalisation and the principle that ordinary words in the English language should be given their ordinary meaning, understood as they are in common language.

As to the principle against doubtful penalisation, the court’s approach will be that a person should not be penalised except under clear law, so that penal enactments require a strict construction. As to the principle that words should bear their ordinary meaning, it could perhaps be argued that a pulse or a burst of light is not, in the ordinary use of the English language, properly to be described as a beam.

I am certainly not saying that if this issue were to reach the courts, it is likely that the Bill as drafted would be found wanting. Indeed, I strongly suspect that it would be held to encompass all laser misuse, as so plainly it is intended and right that it should. But if there is any scintilla of doubt about that, and if that doubt can be quite simply removed by adopting this amendment, then why on earth not do that? That surely is the sensible question the Minister should ask herself today.

I add only that if the Bill team is wedded to the word “beam”, then why not simply add to that, “or device”? Alternatively, we could go down the road suggested by my noble friend Lord Oxburgh and in the definition provisions at the end explicitly put the matter as he has suggested, which would take it beyond the reach of any lawyer, however imaginative.

[Lord Tunnicliffe (Lab)]

My Lords, I have to announce that Her Majesty’s loyal Opposition do not have a firm position on this amendment, but I hope the Minister is listening to this debate and will come forward with pretty concrete assurances that the law is clear, or with an appropriate amendment.