Air Traffic Management and Unmanned Aircraft Bill [HL] — House of Lords, 2021-01-21
Topic: Law and Crime
Charlotte Vere (Conservative, Centre-right): My Lords, I thank all noble Lords who have taken part in today’s debate. I will take each amendment in this group in turn, starting with Amendment 14, in the name of the noble Baroness, Lady Randerson, which the Government believe is neither necessary nor appropriate The purpose of Part 3 is to attach police powers to offences in a separate piece of legislation—the Air Navigation Order 2016—and to other offences. Therefore, this Bill is not the appropriate place for a requirement to review unmanned aircraft legislation. Furthermore, a number of reviews are already due to take place. I hope this will satisfy the noble Baroness that her amendment is not necessary The ANO 2016 is the legislation that currently sets out offences that are specific to unmanned aircraft. Article 275 of the ANO 2016 states that it must be reviewed every five years, and its first statutory review is due to be completed by August 2021. This review will assess the extent to which the law surrounding unmanned aircraft, in so far as it is laid down in that instrument, is operating effectively to achieve its objectives. Of course, this may well be within the noble Baroness’s six-month timeframe As the impact assessment for the Bill states, this legislation will be kept under continuous review to ensure that it achieves its objectives: to address the key gaps identified from the 2018 consultation on the future of drones in the UK and to improve the ability of the police to respond to UA misuse, thereby reducing the irresponsible and malicious use of UA. This is in line with the Government’s practice of keeping all UA legislation under review, regardless of whether there is a legislative requirement to do so Moreover, ordinarily, a five-year timeframe applies to post-implementation reviews of legislation. This is recommended in the Government’s better regulation framework and the requirements of the Small Business, Enterprise and Employment Act 2015, in relation to new measures adopted in secondary legislation regulating business and the voluntary sector. Furthermore, the Counter-Unmanned Aircraft Strategy, published in October 2019, commits the Government to continuing to develop proposals for inclusion in future legislation, so that the legal framework within which operational responders must operate does not become obsolete or hamper their ability to respond to and investigate malicious drone activity. I am very much hoping that these forthcoming reviews will reassure the noble Baroness and other noble Lords that the Government take our ability to legislate for the fast-moving world of the unmanned aircraft sector very seriously indeed, and we have work ongoing to make sure that our legislation is up to date The noble Baroness briefly mentioned the use of drones by the police. We have had a few conversations about this issue. It might be worth reassuring her that the police have to abide by the same laws as everybody else. Drones are incredibly helpful to police forces and can often be used in places where there is risk to life or where a helicopter might be too expensive or not as efficient. The police have to act within the same laws as everybody else and have operational procedures that overlay those laws in terms of the right way and right circumstances in which to use drones. Decisions for their use are put into place by each police force, which has clear guidance on how they are to be used Responsible use is of course really important—for example, on the collection and use of video footage, again, unsurprisingly, the police have to follow the same laws as everybody else. There is also a legal position on public bodies’ use of video footage that is well regulated by directed surveillance authorities. The police are responsible for ensuring that data is collected, processed and stored in accordance with the law. In terms of the safe operation of a drone, the police must do so in accordance with the Air Navigation Order 2016 and, where needed, if the operation is slightly riskier, they will have to apply to CAA for operational authorisation —as, indeed, does anyone else. If any individual has concerns about the use of drones by police, of course they can make a complaint to the police and crime commissioner or the mayor, where appropriate I turn to the amendment tabled by noble and gallant Lord, Lord Craig of Radley, which generated an interesting and lively discussion on permissions for commercial operators. Now that the implementing regulation is in place, there is no difference in the requirement to obtain a permission for a commercial or a recreational operator. I will call them "recreational operators" but there are all sorts of different operators. That is absolutely right, because I do not subscribe to the view that "commercial" is good and "recreational" is necessarily bad. Creating that false dichotomy is not really helpful It is down to risk, rather than who the person is with their hands on the control. So the implementing regulation draws no distinction between commercial and recreational flights and the ANO has already been amended to reflect that. Of course, the offences that noble Lords are discussing today relate to that ANO but do not amend the ANO itself. So the need to obtain a permission for a purely commercial operation has now been revoked—but, of course, that could be a good thing. Many commercial operators will now be very pleased, because they will not need to apply for a licence to fly a drone which a recreational operator standing right next to them could fly without a licence.