The restriction in the case of aircraft to just “any pilot” at page 2, line 14 of the Bill is not comprehensive enough. It does not specifically include other members on an aircraft’s flight deck, in a rear cockpit, or in the cabin of a helicopter, who may not be pilots but have key roles in monitoring the control of the aircraft. Take the example of a two-seater fighter fast jet aircraft with a pilot in the front seat and a navigator in the rear, the latter also monitoring height and speed. A laser attack on the latter reported to the pilot could prove to be very distracting at a critical point—say on final approach to a landing. Or consider a search and rescue helicopter having to manoeuvre in a very constricted space surrounded by trees or buildings. The pilot is totally reliant on the winchman in the rear cabin of the helicopter for moment-to-moment guidance on to a tight landing spot or in holding a safe hover close to obstructions or even a cliff face.
More generally, the likelihood is that whoever was actually lasered in the crew, all, including the pilot in charge, would be concerned and distracted, maybe at a demanding moment in their flight. However, the defence might argue that the culprit with the laser did not shine it at the front cockpit, or where the pilot was sitting in a larger aircraft. Surely, the Minister does not think that the person misusing a laser against an aircraft should not be charged if it were not directed directly at the actual pilot in command but only at non-pilot crew members who are of critical importance to the safe operation of the aircraft.
The Bill includes captain, navigator and pilot in the case of vessels, but the vessel’s velocity or speed will be a matter of a few knots compared with that, say, of aircraft flying at speeds of 150 or 200 knots and perhaps more. It seems incongruous for the Bill to identify for protection a number of specified individuals in charge of a relatively slow-moving vessel compared with just the pilot alone for an aircraft on final approach to landing,
which may be flying at, 10, 20, even 30 times the speed of such a vessel. The risks of a calamity occurring rapidly in the latter case are obviously very much greater. Crew teamwork is essential for both aircraft and helicopter operations.
My amendment seeks to overcome any possible defence that the attack had not been directed specifically at the pilot in charge. If the noble Baroness is intent on retaining the reference to pilot rather than my suggested word “individual”, she might like to consider for Report the alternative of adding “or other flight crew member” after “pilot” in line 14 of page 2. I beg to move.
4.30 pm