FD
I see your point, but there is a grey area surely?
Years ago I was practising an ILS approach into Southend when we popped out of cloud to find that we had just an airprox with a helicopter that was, clear of cloud, in sight of the ground and outside CAS, as was part of the approach.
I really wish that an ATCO had been able to ask the helicopter to turn away.
In fairness to the ATCO, he didn't have radar and I don't think that the helicopter was on his frequency frequency.