Laser Misuse (Vehicles) Bill [HL] — House of Lords, 2018-01-09
Topic: Law and Crime
Elizabeth Sugg (Conservative, Centre-right): 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.