My Lords, I am again very grateful for the experience and expertise of the noble and gallant Lord, Lord Craig of Radley, in this area. Once again, he has raised a salient point through this amendment.
In the Bill we have sought to capture those persons who are in control of the vehicle, and, in the case of aircraft, we have said that this will be pilots. The Bill specifically refers to pilots “monitoring the controlling” of aircraft to capture co-pilots, who defence lawyers could argue are not controlling the aircraft but who nonetheless should be covered by the offence because of the important role they play in the safe flying of aircraft. In some cases, members of the flight crew may have a safety-critical role and control of the aircraft but would not be classified as pilots. As I have said, the intention of the Bill is to cover all persons who have control of the vehicle.
I understand there are a number of instances where the non-pilot members of the flight crew could have some control of the vehicle, such as flight engineers or, as the noble and gallant Lord, Lord Craig, highlighted, winch operators on search and rescue helicopters. If these members of the flight crew were dazzled or distracted by a laser beam, it is highly likely that the pilot would be too. I understand that the current wording in the Bill could cause some ambiguity and a possible loophole, so I will ask the Bill team to look carefully at ways in which this can be clarified.
I thank the noble and gallant Lord for raising this issue. I hope that he is assured that it is something we will look at carefully and that he will agree to withdraw his amendment at this stage.