Laser Misuse (Vehicles) Bill [HL]

Lord Rosser Excerpts

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

[Lord Rosser (Lab)]

My Lords, we support the Bill, which provides for one specific means of addressing a growing problem, which has been raised on a number of occasions in this House. As has been said, that is the increased number of laser attacks on aircraft—more than 1,200 attacks per year compared with, I think, some half a dozen in 2004. A further aspect that makes action urgent is the rapidly increasing power of lasers.

Half the members of the British Airline Pilot Association, responding to a survey a few months ago, said that they had experienced a laser attack in the previous 12 months, and 15% said that they had experienced three or more. These incidents happen mainly during take-off and landing—the critical phases of a flight—and happen suddenly. They can cause temporary visual disturbance for some time after the attack and may result in instruments being obscured and night vision being disrupted. In some cases they can lead to permanent sight damage, and are a threat to those flying in aircraft so attacked, and thus also a threat to safety. As the power of lasers increases and the beams widen, BALPA has expressed concern that before long, there will be incidents of both pilots in an aircraft being temporarily incapacitated, leaving no one able to fly the aircraft. With single-pilot aircraft, including helicopters, there is of course no second pilot.

Such incidents are not confined to aircraft—they happen on our railways and to shipping—but it is only with regard to aviation that the recording of such incidents is, as I understand it, mandatory. There is currently an offence in respect of laser attacks under the Air Navigation Order but it does not give the police the powers, as the Bill will, to enter a property for the purposes of arrest or to search a person or property after an arrest; nor does the current maximum penalty of a £2,500 fine reflect the seriousness of such offences. However, I ask the Minister: will the Bill give the police the power to stop someone whom they suspect is carrying a laser without good reason? If the Bill does not do that, why did the Government come to the conclusion that such a power was not necessary, bearing in mind that a laser in the context of the offence under the Bill would presumably be regarded as akin to an offensive weapon?

The Bill, which extends to the whole of the United Kingdom following an agreement with the devolved Administrations, makes it an offence for a person to shine or direct a laser beam towards a vehicle which,

“dazzles or distracts, or is likely to dazzle or distract, a person”,

in control of that vehicle when “on a journey”. The word “vehicle” is intended to have a wide meaning, with the new offence covering all modes of transport—air, sea, road and rail. However, as has already been mentioned, there have been reports of laser beam attacks on control towers at airports, which one would have thought could have potentially serious consequences both for safety and for the staff affected. Does the Bill also cover laser beam attacks on control towers, and the staff monitoring or directing aircraft, and, if not, why not?

The offence will be a strict liability offence, with it not being necessary for the prosecution to prove intent to harm or endanger, but it will be necessary for the prosecution to prove that the elements of the new offence have been committed. However, can the Minister clarify what the prosecution will have to prove? Proving that a laser beam has been shone or directed towards a vehicle will presumably be insufficient, as there is also the requirement to show that it has dazzled or distracted or is likely to dazzle or distract a person in control of that vehicle.

In that regard, the statement in the Government’s response to the call for evidence on laser pointers that:

“The Bill creates a new offence of shining a laser at aircraft and other modes of transport”,


would not appear to be entirely correct. What will the prosecution have to do to prove the requirements in relation to dazzling or distracting a person in control of the vehicle, and how straightforward will it be for it to do so? If we are seeking to clamp down on the use of laser beams and pointers in this dangerous way, it will not help if we set a bar for the prosecution case which will be very difficult to prove. It would be helpful to have the Minister’s response to that point. It would also be helpful if she could say why the Government did not think that it would be sufficient simply to prove that a laser beam had been shone or directed towards a vehicle with a person in control, bearing in mind that there is a defence for a person so charged, to which I will now refer.

Clause 1(2) provides a defence for a person charged with the new offence, but the onus will be on the person so charged to provide sufficient evidence to show either that they had,

“a reasonable excuse for shining or directing the laser beam towards the vehicle”,

or that they did not intend to do so and,

“exercised all due diligence and took all reasonable precautions to avoid doing so”.

Can the Minister confirm, or otherwise, that the test against which such a defence would be determined would be on the balance of probabilities rather than beyond all reasonable doubt?

For the new offence in the Bill, the maximum term of imprisonment on summary conviction is 12 months; on indictment it is five years and/or an unlimited fine. What considerations and reasons have led the Government to believe that these are the appropriate maximum terms of imprisonment on summary conviction and conviction on indictment, and how would they anticipate the level of an unlimited maximum fine being assessed and determined?

Do the Government envisage most cases coming to court being capable of being dealt with, if the case is proved or a guilty plea is entered, within the sentencing powers available to magistrates, or do they envisage most cases being dealt with at a higher court because the sentencing powers of magistrates will be insufficient for the seriousness of this kind of offence if the case is proved or a guilty plea is entered? Will lay magistrates have the power to sentence for up to 12 months on summary conviction for this new offence in the Bill?

The documentation we have received indicates the number of cases of laser incidents reported each year since 2010 to the Civil Aviation Authority. How many of these reported incidents have resulted in the alleged perpetrators being brought before a court in each year since 2010, and in how many of these cases has a conviction been secured?

What information, if any, do the Government have about the age of those committing these offences and the equipment they are using? It would appear that the answer might be very little, since the Government’s response to the call for evidence states:

“There is no meaningful data on who the perpetrators are, where they have obtained the laser pointers used, or what strength laser pointers they have used”.


If so, is this not a somewhat surprising deficiency, bearing in mind the length of time over which concerns have been expressed about the dangers and extent of laser beam attacks?

Under the terms of the new offence in the Bill, how many cases a year do the Government anticipate being brought before the courts? What do the Government anticipate will be the likely additional workload for our courts as a result? What impact on the number of laser offences being committed against aircraft and those in control of them, as well as more generally against vehicles, do the Government expect the measures in the Bill to have?

The Explanatory Notes to the Bill state:

“The creation of this new offence is intended to capture the use of laser pens and pointers, and other means of producing a laser beam”.


Does the reference to “other means” of producing a laser beam also include the use of a drone to carry and project a laser beam? In view of this reference, is there any level of laser beam that would be considered to lack the power to enable an offence under the Bill to be committed by using it, taking into account the reference in the offence to “dazzle or distract”? If so, what is that level?

Clause 1(1)(a) states that an offence is committed if,

“the person shines or directs a laser beam towards a vehicle which is on a journey”.

This issue has already been raised, but what is the definition of “on a journey”, which will apply to all forms of transport covered by the Bill? For example, does it include an aircraft, ship, car or bus that has not yet moved but has a person sitting at the controls who is dazzled or distracted by a laser beam? If it does cover this situation, why are the words “on a journey” necessary? If the Bill does not cover such a situation, why not, bearing in mind the potential serious damage that can be done by a laser beam to the sight of the person in control of the vehicle, irrespective of whether it is actually moving or “on a journey” at the time?

The penalties on summary conviction differ slightly between England and Wales and Scotland. If an offence takes place close to the border between England and Scotland, where is the offence deemed to have taken place? Is it deemed to have occurred where the person shining or directing the laser beam was located at the time the offence was committed, which could be in England, or is it deemed to have taken place where the person with control of the vehicle was dazzled or distracted, which could be a short distance away over the border in Scotland?

I referred earlier to the increasing power of lasers. I appreciate that the Department for Business, Energy and Industrial Strategy conducted a consultation on the laser market and potential uses for laser pointers last autumn, and I thank the Minister for making available the Government response to that call for evidence.

The response states that most of the injuries come not from laser pointers bought on the UK high street but from those purchased primarily online or overseas, and that most higher-strength lasers are bought from manufacturers or suppliers based outside the United Kingdom. In addition, a significant number of these are being supplied without the correct or appropriate information, classification or output marking, and are of a class of laser that should not be sold to the public. Whether the actions the Government now intend to take in the light of the call for evidence will prove adequate will no doubt be the subject of further debate.

The response also states:

“Government will take action to improve frequency and resourcing of enforcement activities at ports and borders with the aim of improving safety of the market for laser pointers and increasing enforcement activities against imports of dangerous high powered laser pointers”.


I have to say that that response is strong on generalities and weak on specifics. What does it mean in terms of specific targets or objectives, resources being made available or practices being changed? Frankly, the £100,000 total grant to local authorities referred to in the Government’s response will not solve the problem.

We seem unable to stop people being illegally trafficked into this country in the back of lorries through our inadequately staffed major border entry points, so why do the Government think we should accept that this performance will improve considerably in respect of imports of dangerous high-powered laser pointers?

The Government already appear to have rejected the option of a licensing system restricting the purchase and ownership of high-powered laser pointers, on the grounds that it would risk increasing the rates of laser attacks. No doubt this, too, will be the subject of further debate, but fortunately we do not apply that particular argument in relation to gun licensing. The significant increase in the number of laser attacks has occurred not under a system where there is licensing, but under a system where there is not.

I conclude by reiterating our support for the Bill, as far as it goes, given that the current offences and sentences in respect of laser attacks are inadequate in the current situation. Whether the actions the Government said in their response to the call for evidence that they intend to take are sufficient, though, is another matter.

--- Later in debate ---

[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.

[Lord Rosser]

Although I do not want to state the obvious, could I ask the Minister to confirm that the £100,000 is the sum in total across all local authorities? It is not £100,000 for each local authority involved in this activity.

[Baroness Sugg]

Yes, I can confirm that it is a total of £100,000. Perhaps I will get some more detail on exactly what work the department is doing with local authorities to help them deal with this issue.

On the licensing regime, the evidence we gathered in our call for evidence did not indicate that a ban or a licensing regime would have a positive impact on public safety. We believe that introducing legislation to license the supply and purchase of high-powered lasers would not tackle illegal imports that are purchased online or indeed the many people purchasing them while on holiday. We have looked at international examples. Australia and New Zealand have taken legislative action to impose a ban or a strict licensing system, but that did not actually have a positive effect on reducing the number of these laser incidents.

We do not think that we should classify laser pointers as offensive weapons. I understand the point made by the noble Baroness, Lady Randerson, that only a few people use lasers in a legitimate way, but we think that it would penalise them. However, if a pointer is adapted for use to cause injury or if it is intended to be used to do so, it would then be classified as an offensive weapon.

My noble friend Lord Balfe raised the issue of children who commit this offence and the responsibility of their parents. Obviously, children under 10 years of age cannot be charged with committing an offence, but other steps can be taken such as a local child curfew or a child safety order. Of course, children aged between 10 and 17 can be arrested and taken to court. However, I understand the point that my noble friend has made and I will discuss it with my colleagues in the Ministry of Justice.

Air traffic control towers were mentioned by my noble friend Lord Balfe, the noble Baroness, Lady Randerson, and the noble Lord, Lord Rosser. The Bill does not currently cover air traffic control towers, but it is an interesting point. I am aware of a number of incidents where lasers have been shone at fixed installations. Such installations are often located in controlled areas so there is less scope to shine a laser, but we can certainly consider whether air traffic control towers should be included in the Bill.

My noble friend Lord Kirkhope asked about regional air traffic control and how best to deal with these reports, in particular as regards general aviation. The CAA has published a safety notice on laser attacks which provides guidance for air traffic controllers, principally to inform the police immediately and pass on all relevant information. However, obviously I understand that in general aviation the practice is perhaps not as well known as it should be. We will discuss the matter with the CAA.

A number of noble Lords raised the regulation of certain strengths of lasers. It might be helpful to say a few words on the current situation on the classification of lasers in the market. Lasers sold in the UK are classified in accordance with the current British standard on laser safety, which sets out eight classes of laser products. The classification scheme for lasers indicates the potential risks of adverse health effects. The higher the class number, the greater the radiation hazards posed by the laser. Under the General Product Safety Regulations, only laser pointers considered safe for general use should be made available to the public through general sale. The higher classes 3 and 4 are not suitable for sale to consumers. Laser pointers above 1 milliwatt are generally accepted to have limited specialist uses and can be removed from the market. But obviously, as I said, consumers purchase products directly via the internet and while overseas on holiday, which is of course more difficult to control.

My noble friend Lord Balfe and the noble Lord, Lord Rosser, mentioned stop and search and whether the police need these powers. It is worth noting that the police already have the power to stop and search for laser pointers where they have reasonable grounds to suspect that the pointer is intended to cause injury. That is because the laser would then be deemed an offensive weapon. The Government are clear that the power of stop and search, when used correctly, is vital in the fight against crime, but the Home Office is currently conducting a review to achieve greater transparency on this. While this work takes place, it would not be appropriate to consult on extending the power of stop and search to cover lasers, but my department, together with the Home Office, will consider consulting on proposals to apply the power of stop and search to laser pointers as soon as that review is concluded, which I expect to be later this year.

On sentencing, five years is the maximum jail term, as I said, and would be imposed in only the most serious cases, but we believe it is important to have an effective deterrent for these sorts of offences. As I explained, it will be a triable either way offence. It will be up to the courts to decide which court should hear each case, dependent on the seriousness. For a summary offence tried in the magistrates’ court, the maximum imprisonment will be restricted to six months in England and Wales or 12 months when Section 154(1) of the Criminal Justice Act is commenced.

On the point from the noble Lord, Lord Rosser, on where the case would be tried if the offence is done across a border—which, I must admit, is something I had not considered—I imagine it will be where the person holding the laser has his feet placed, as that is where the offence would be committed. I will certainly take that back to clarify. He also asked how many people had been found guilty of committing this offence. In 2016 it was 10 and in 2015 it was 16. I will send the noble Lord the full figures I have available.

The noble Baroness, Lady Randerson, mentioned drones. As I said at the end of November, it is our intention to bring forward drone legislation in the spring of this year. That is still our intention. I understand the importance of the issue and the desire to act quickly on this, but we have decided to separate the treatment of drones from that of lasers as they present different challenges. I look forward to bringing forward drones legislation as quickly as possible.

As the noble Lord, Lord Monks, mentioned, I am lucky enough to have both the president and the vice-president—and, indeed, lowly members—of BALPA in your Lordships’ House, so I want to take this opportunity to thank BALPA for its engagement with my department on this and many other issues that face the aviation sector. I hope that I have addressed all the issues raised. If not, as I said, I will follow them up in writing.

We believe that the existing laws are not strong enough, with the police unable properly to investigate and prosecute such incidents. The police lack powers to search the homes of suspects. Even when a conviction is secured, the maximum penalty for dazzling or distraction is only £2,500, and there is no specific law against shining a laser at a ship or at motorists at the wheel. This new offence will act as a deterrent to these dangerous incidents happening in the first place, but if they do occur, the proposals will help the police bring the offenders to justice.

The safety and security of the travelling public must always be a top priority for the Government. With more than 1,000 attacks on aircraft reported each year, as well as those on other modes of transport, we have a duty to act. I ask the House to give the Bill a Second Reading.