Laser Misuse (Vehicles) Bill [HL]

Lord Craig of Radley Excerpts

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

[Lord Craig of Radley (CB)]

My Lords, I, too, fully support the thrust of this small Bill. As has been pointed out, there has been a considerable increase in laser-pointing at aircraft in recent years. No doubt the growing availability of laser devices online and elsewhere risks even greater exposure to such totally irresponsible and potentially dangerous use. Even a low-power beam can distract; a higher-powered device can blind. Videos demonstrating the efficacy of hand-held laser guns and rifles can be seen on YouTube. So I was pleased to learn yesterday of the government steps to clamp down on the sale and import of unsafe lasers, although a definition of unsafe—unless I missed it—was not actually mentioned.

It is right to criminalise all dangerous, distracting use of lasers against aircrew and to take this opportunity to extend the scope of the legislation to other types of vehicle and to protect the individuals in control or responsible for monitoring their safe operation.

In order to reduce or remove possible doubts about the coverage of the Bill, I have a few questions that, having given her notice, I hope the Minister will be able to deal with in her closing remarks. First, the Bill refers very specifically to the misuse of a laser beam. Some lasers are described as “pulse” or “burst” lasers, which may achieve higher powers than beam ones at similar distances. While the devices currently used are probably all of a beam type, is the Minister confident that both pulse and burst, or indeed any other variants of laser, are captured? This legislation just sticks to the one-word description “beam”. Would a laser gun or rifle be captured too? Might it make sense to use the phrase “laser device” or “laser pointer” in place of “laser beam” where it appears in this Bill to avoid any risk of creating a possible loophole in the legislation?

Secondly, Clause 1(8) refers just to a pilot of an aircraft. Larger aircraft will have flight deck crew members, not necessarily pilots, who as well as the pilot will have a role in monitoring the control of the aircraft. In the case of vessels, hovercraft and submarines, the involvement of the master or navigator as well as a pilot is included. As automation advances, even the use of the word “pilot” as a descriptor of the person in command and/or controlling an air vehicle might become outmoded. Might it therefore be better to use the word “individual” rather than the more restrictive word “pilot” in Clause 1(8) to cover the flight deck crew members or anyone else other than the pilot on board?

Thirdly, I seek to clarify the precise definitions of the start and end of a journey, as used in the Bill. For an air vehicle, this will include any ground movements—for example, taxiing to and from take-off and landing points, as described in the Explanatory Notes. What about an airliner stationary in its parking bay with its engines running? Opportunities for a member of the public in an airport terminal viewing area to use a handheld laser might exist at this point. Furthermore, is a road vehicle—presumably including motorbikes and other wheeled vehicles that use a motor to propel them—that is occupied, but not yet on the move, on its journey? I guess not, but it would be right to be sure.

Fourthly, I wonder whether for completeness horse-drawn carriages should be included. Should the risk to a coachman or driver be covered? An attempt to dazzle or distract the driver of a state coach with the monarch on board surely must be a crime.

The list of stakeholders mentioned in the pre-brief before the Recess included a variety of civil-aviation-related organisations—for example, BALPA, the CAA and the National Police Air Service. The MoD and the armed services were not. Has the MoD been consulted? The proposals deal only with the lasering of vehicles in the UK, but a service person, or a civilian subject to service discipline, might be chargeable under Section 42 of the Armed Forces Act 2006 for such a criminal offence when the Bill becomes law, even if committed overseas. I look forward to the Minister’s reassurances on these points of detail. Meanwhile, I support the Bill.