Laser Misuse (Vehicles) Bill [HL] — House of Lords, 2018-01-09
Topic: Transportation
Elizabeth Sugg (Conservative, Centre-right): My Lords, our transport sector continues to play a vital role in our economy and daily lives. Last year, UK airlines flew more than 1.2 million flights carrying nearly 154 million passengers. More than 37 million vehicles were licensed for use on the roads in Great Britain. Rail passenger journeys have more than doubled in the last 20 years, with 1.7 billion journeys in the last year, while over 60 million passengers travelled by sea. We rely on all modes of transport for economic growth and to go about our day-to-day lives. It is important that whatever the mode of transport, passengers and staff are safe. We can be proud of the safety culture across our transport sector in recent years but we cannot be complacent. Safety and security must be our top priority The Government are determined to protect pilots, captains, drivers and their passengers. We will take action against those who threaten safety. That is why we are bringing forward a new law, strengthening the rules against those who shine lasers at aircraft while for the first time making it an offence to shine a laser at cars, trains and ships. This important legislation was originally proposed as part of last year’s Vehicle Technology and Aviation Bill, but that Bill fell when Parliament was dissolved ahead of the general election. We committed to reintroducing this measure and that is what we are doing There are legitimate uses for lasers: as alignment aids in the construction industry, by lecturers and by astronomers who use them to point out stars at night. We are not legislating against the use of laser pointers but instead against their illegitimate use. Lasers can dazzle, distract or blind those in control of a vehicle, with serious and potentially even fatal consequences. The main problems with a laser attack are that it is sudden, very bright and distracting, and it can cause temporary visual disturbance for some time after the attack. In aviation, most events occur either on take-off and landing, or when aircraft such as police helicopters carry out civil safety duties Back in 2003, there had never been a reported case of a laser being shone at an aircraft. In 2004, there were six reported cases; by 2008, there were 200 and last year, there were more than 1,200 reported incidents. Thankfully, no aircraft, train or road vehicle in this country has had an accident as a result of these dangerous and senseless acts. But it is all too easy to imagine the potential consequences of a pilot being blinded by a laser while trying to land a passenger jet, or of a train driver being dazzled from a bridge. This is predominantly a problem for aviation but incidents have been reported on other modes of transport. British Transport Police recorded 578 laser incidents on the railways between April 2011 and November 2017. We believe these incidents are underreported, as the recording of laser pointers outside aviation is not mandatory It is already an offence under the Air Navigation Order to shine a light at an aircraft to dazzle or distract a pilot, but the maximum penalty is just £2,500 and, as a summary offence, it does not give the police the powers they need to investigate effectively. Alternatively, offenders can be prosecuted under another Air Navigation Order offence of endangering an aircraft, with a maximum prison sentence of five years or a £5,000 fine. However, this poses other difficulties for successful prosecution, as for a police officer on the ground and for the Crown Prosecution Service in court, it is very difficult to prove endangerment of an aircraft, so the power and penalties that come with this offence are not often used. The Bill will make it an offence if a person shines or directs a laser beam towards a vehicle and the laser dazzles or distracts, or is likely to dazzle or distract, a person with control of the vehicle. It extends to all transport modes, and gives the police the powers needed to investigate and provide penalties that reflect the seriousness of the offence The offence will be a triable either way offence, which means that, depending on its seriousness, it can be tried as a summary offence or as an indictable offence. By making it a triable either way offence, it will engage powers for the police under the Police and Criminal Evidence Act 1984 to enter property for the purposes of arrest and to search a property after an arrest. These powers are not currently available for the existing aviation offence under the Air Navigation Order. The maximum fine is unlimited and the maximum prison sentence will be five years The measure will extend to the whole United Kingdom. We have been working with the devolved Administrations, which support this new law. The measure included in this Bill is reserved in Scotland and Wales. In Northern Ireland rail and road are devolved matters, but we expect a legislative consent Motion to be brought forward once the Northern Ireland Assembly returns While this Bill specifically covers the risk posed by shining a laser at a person in control of a vehicle, the Government have this week announced new measures to tackle the sale of unsafe laser pointers, including strengthening safeguards to stop high-powered lasers entering the country. More than 150 incidents of eye injuries involving laser pointers have been reported since 2013, the vast majority involving children. In many of these cases, neither the children nor their parents have known the danger involved, and the Government will work to raise awareness of the risks associated with laser pointers In addition, the Government have pledged additional support to local authority ports and border teams to stop such lasers entering the UK. This includes increasing the resources available to ensure an immediate impact on rogue importers. The Government will also work with manufacturers and retailers to improve laser pointer labelling, to indicate that they must not be pointed at eyes or vehicles and must state the power level of the product The measures in the Bill have widespread support from the authorities and the transport industry. BALPA, the airline pilots union, has welcomed its reintroduction, saying that it is good news for transport safety. It has also been welcomed by a number of airlines, airports, the National Police Chiefs’ Council, the National Police Air Service, the Military Aviation Authority, the Maritime and Coastguard Agency, the Rail Delivery Group, Public Health England and the Royal College of Ophthalmologists. We have seen support from across the transport industry, which is often the victim of this senseless crime, from the police, who will enforce the law, and from medical professionals, who understand the real risks laser attacks can pose. All agree that action must be taken. I beg to move.