My Lords, I understand noble Lords’ intentions in tabling these amendments, as they quite rightly want to ensure that the wording in this legislation is as strong as possible and does not include any loopholes. The amendments aim to capture all the different type of laser products that could be used to dazzle or distract the person in control of a vehicle, and indeed even some products which may not exist yet.
The Bill does use the term “laser beam”, but I can assure noble Lords that the Bill is not limited to any particular type of laser and that all variants of laser should be captured by this. Following the helpful contributions of the noble and gallant Lord, Lord Craig, at Second Reading, I sought further expert clarification on the definition of a laser, including from the Department for Transport’s chief scientific adviser. All types of lasers emit focused beams. Therefore, despite the varying properties that different types of lasers will have, all will still produce a beam, and it is this beam that will dazzle or distract the person in control of the vehicle.
The term “laser” would cover the pulse and burst laser products that the noble and gallant Lord referred to. These products still emit a laser beam, just of a shorter duration. Short-duration laser beams can be very intense and transmit as much power in the pulse as a lower-power continuous laser, so I agree it is important that these are included in the Bill. We expect the courts to interpret “laser” with this wide definition.
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The term “laser” is generally used to refer to the machine or equipment used to produce a particular form of light—in other words, to the device itself. This is how the term has previously been used in legislation, including the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Work at Height) Regulations 2010 and the Control of Artificial Optical Radiation at Work Regulations 2010. It is also how the Oxford English Dictionary defines it. Therefore, we do not believe that
adding a reference to “device” is necessary. Our legal advice is that the term “beam” is better than “device” as it refers to the light emitted by the equipment and it is this which can dazzle or distract. It is for these reasons that the clause uses the term “laser beam”. On the noble and gallant Lord’s question about power, this is not included in the Bill because it will be the beam dazzling or distracting, or being likely to do so, that will be an offence, regardless of the power.
The noble and learned Lord, Lord Brown of Eaton-under-Heywood, made some well-informed and detailed points and I will certainly study them carefully. The noble Lord, Lord Oxburgh, made a helpful suggestion about adding a definition to the end of the Bill. I will take that away and look at the possibility. We are keen to avoid doubt on this issue.
I hope the noble and gallant Lord will be content with these assurances and withdraw the amendment.