(5 years, 10 months ago)
Commons ChamberI beg to move, That this House agrees with Lords amendment 1.
With this it will be convenient to consider Lords amendments 2 to 20.
This debate marks the end of a detailed process of parliamentary scrutiny of the Bill, which has both been welcome and led to significant changes and improvements to it. That process has been followed tenaciously by my hon. Friend the Member for Christchurch (Sir Christopher Chope), who is in his place today and who I am sure will again give us the benefit of his thoughts on their lordships’ amendments. It must be said that the Bill is better for the scrutiny it has had in both Houses, with its Opposed Bill Committee in the other place having been chaired by Lord Thomas of Cwmgiedd, a former Lord Chief Justice.
Today’s debate focuses on the 20 amendments made by their lordships, resulting from the concerns raised in the Opposed Bill Committee, further to refine the Bill to ensure that its purpose is clear, that the powers it grants are proportionate and that the needs of all users of the Middle Level, including those who rely on it for drainage and for whom it is their home—that has been a particular issue of debate throughout the process—are properly considered. I have spoken at length with the promoters, and they support the Lords amendments and urge Members to accept them.
To give a brief history of the Bill for those who have perhaps not followed it quite as closely as I have had the pleasure of doing, it was originally introduced to the House in November 2016 and had its First Reading on 24 January 2017. It was debated on Second Reading on 29 March 2017, when my hon. Friend the Member for Christchurch and I had the opportunity to debate it at some length. A motion to revive the Bill in the new Session of Parliament followed the general election and was agreed by this House on 17 October 2017, and the House of Lords agreed to the revival of the Bill on 25 October 2017. The Bill went before an Opposed Bill Committee of the House of Commons on 15 to 17 January 2018, and consideration of the Bill as amended in Committee took place in this Chamber on 28 February. On Third Reading, the Bill passed without a Division.
My gratitude goes to my hon. Friend the Member for Solihull (Julian Knight)—sadly, he is not able to join us for this debate—who chaired the Opposed Bill Committee of this House and made some valuable contributions. In fact, my hon. Friend the Member for Christchurch highlighted on Third Reading how valuable it had been to hear on Report the contribution of the Chairman of the Opposed Bill Committee, as it meant that we could further explore some of the issues that had been presented there.
The passage of the Bill in the other place has been slightly quicker, as there was no intervening general election to cause an issue with its consideration. Its formal First Reading in the other place took place on 1 March this year and its formal Second Reading on Thursday 22 March. It was then considered for five days in June by an Opposed Bill Committee, chaired by the eminent jurist Lord Thomas of Cwmgiedd. He and the Committee brought a good level of scrutiny to it, ensuring that we have a very good Bill. I think that we can have every confidence in agreeing with their lordships today and then seeing this legislation enacted.
My understanding is that the Committee in the other place heard evidence from four of the seven petitioners against the Bill. Two of the petitioners had withdrawn their petitions and one was held not to have a right to be heard by the Committee, although I understand from speaking to the agents of the promoters that that person was still able to speak by providing evidence on behalf of one of the petitioners. To be clear, everyone has had a strong chance to put their views. Three of the petitioners had also appeared before the Opposed Bill Committee of this House.
The Middle Level Commissioners proposed amendments to the Bill in response to the concerns raised by the petitioners and members of the Committee. They also gave the Committee a number of undertakings that are not part of the Bill. However, I will turn to them in a few moments, because Members may find it helpful to know the reasons behind some of the undertakings given, as well as the reasons why they were given as formal undertakings to the Committee rather than incorporated as amendments to the Bill.
The amended Bill received formal Third Reading in the other place on 12 September this year, and we are now here to consider the Lords amendments. The promoter considers that the amendments do not extend or materially change the substance of the proposals in the Bill as earlier passed by this House, but they do provide some advantages.
Lords amendment 1 addresses a concern regarding small unpowered pleasure vessels. People may wonder what on earth that might mean. The amendment provides that vessels such as canoes and kayaks should not be included in the charging regime introduced by the Bill. However, when I speak about one of the other Lords amendments, I will explain that there may be a reasonable way—comparable with a similar system used on other waterways—to seek a contribution from those using the waterway for such purposes towards the costs of maintaining the waterway for navigation. This amendment is part of ensuring that the Bill is proportionate, and—to be blunt—to ensure that someone using a canoe or kayak does not find themselves being charged as if they were putting a pleasure boat down the waterway. It speaks to the socially inclusive nature of the use of the Middle Level; it is not just about those with large motor boats or significant amounts of money.
I am very conscious of what my hon. Friend says, and we want to encourage people to be active in their recreation. Have the commissioners considered a case whereby such vessels may be part of a commercial operation, with kayaks being rented out or training taking place? Have they recognised that the Lords would not want such cases to be covered by this provision?
I thank the Minister for her intervention. Yes, that is partly why Lords amendment 7 allows an ability to provide some charge for a more commercial operation. It could perhaps be a block charge to British Canoeing for those who are using the waterway, so that people pay a membership fee to British Canoeing before they are able to use particular waterways rather than paying individual fees to each individual operation. I see some nodding from those in the Under-Gallery. It is about trying to avoid a situation where a person with a canoe finds themselves having to register as a boat user to get on the water and pay a fee as if they were a large operation. They will not be completely barred, but they will be in a different charging regime from the standard one for the major pleasure boats and crafts using the waterway.
As the Minister will be aware, the current system of regulation means that fairly large pleasure and commercial boats can use the Middle Level with absolutely no charge at all. That is severely hindering its development and opportunities. Most worryingly of all, the current legislation does not provide for a modern system of safety regulation. This Bill does, hence why the commissioners are very keen to get it in place so that they can ensure that there is a modern and recognisable standard of boat safety on the Middle Level.
Could I be quite clear about this, because I am slightly worried? There is no question, is there, of a family taking a canoe out having to pay when they go on these waterways? That would seem excessive.
I thank my hon. and gallant Friend for his intervention. The Lords amendment that I have just briefly covered is designed to deal with some of those concerns. It would be quite common on other waterways to have a system whereby if someone was a member of the British Canoeing Society, that membership fee would cover the cost. The commissioners may also put in place some restrictions regarding, for example, children wearing life vests. I think most of us would feel that that would be a sensible form of regulation on the waterway.
The general intention of the Lords amendment is to recognise that the Middle Level is a key part of the local community. Many use it informally. Although we need to bring in a form of safety regulation, it is not intended to bring that into the main scheme, although, as on other waterways, there might be a requirement to be a member of a recognised organisation that then contributes to the upkeep of safety equipment and other areas. There would then not necessarily be an additional charge to go on the Middle Level.
Lords Amendments 2, 3 and 4 deal with some of the issues that were raised on the membership of the navigation advisory committee and how it would work. Lords Amendment 2 would be familiar to anyone who has served on a local authority, with the idea that one should declare any personal interest or any matters that would be relevant to one’s decisions. Some of the petitioners raised a concern that the navigation advisory committee must fairly represent the users. In essence—the promoters may not thank me for saying this—it should not be the case that, for example, the commissioners’ mates or one particular group end up finding themselves on the navigation advisory committee.
However, the promoters were happy to accept the idea that relevant interests should be declared and that there should be clear processes for how that works. I do not think that any of us would see it as unreasonable that someone appointed to a representative body should declare to those they are representing what potential interests they may have that are relevant to their position on, in this case, the navigation advisory committee. They would not have to give a life story of their entire business affairs, but they would certainly have to declare anything that was relevant to their being on that committee—for example, what their interest is in the Middle Level, what they are doing there and how their business might operate. Those using the waterway for navigation could then satisfy themselves that there was a broad range of people represented there.
I am perplexed by the term “a relevant interest”. Will my hon. Friend elaborate on that, so that I can understand what a relevant interest might be?
I thank my hon. Friend for his interest. The amendment responds directly to concerns raised by petitioners in the Lords Committee about how the commissioners would not be sufficiently accountable to navigation interests. It gives boat owners on the Middle Level the same right to scrutinise the commissioners’ navigation accounts, and to challenge them if necessary, that local government electors have in relation to local authorities. In effect, boat owners using the Middle Level can act in the same way as a local government elector. I hope that answers my hon. Friend’s question.
Lords amendments 18 to 20 are more technical in nature, and I do not intend to talk about them unless Members have a particular query. A number of undertakings have been provided, and I can certainly make them available to Members who wish to see them in more depth. I would flag up the third undertaking given in relation to the advertisement of byelaws. In effect, an undertaking has been given to advertise byelaws in the same way as traffic orders—for example, in the local newspaper or, in this instance, in a magazine of interest to boaters. That is not in the Bill because, as many of us would accept, 40 or 50 years ago the local newspaper was the obvious place to go to for relevant news and information. If we begin to codify that in legislation, it could become out of date.
A specific undertaking is given on the registration fee for static houseboats and the publication of the removal protocol. That is a particular issue, and it will be treated as if it were a byelaw. The final issue of note is the undertaking to return to a residential mooring strategy and looking at how we could use the Middle Level to provide more opportunities for residential use, but that is an undertaking to try, rather than a statutory “must”, because ultimately the mooring facilities are determined by the local council.
The Bill has returned to the House in an excellent condition from the other place. We should accept the Lords amendments, as they strengthen the Bill and make it a measure that the whole House can accept.
Order. For the sake of clarity, it might be useful for the House to know that it is perfectly in order for Members to speak on Lords amendments 2 to 20 as well as amendment 1, as they have been grouped. There is no real need for me to say that—I merely say it for the sake of clarity. The hon. Member for Torbay (Kevin Foster) has addressed amendments 2 to 20, and clearly I would have called him to order had that not been in order. He is rarely not in order. We are now debating Lords amendment 1, together with amendments 2 to 20.
I would like to thank the hon. Member for Torbay (Kevin Foster) for a full and detailed description of the Lords amendments. Although his constituency, and mine in Plymouth, are some distance from the geographical area in focus, the legislation has important consequences for that locality, so it is right that we give it due attention.
The Bill amends and updates the powers of the Middle Level Commissioners to regulate navigation on the Middle Level of the fens in Cambridgeshire and west Norfolk. The legislation that the Bill updates is over 150 years old, so the Bill brings the Middle Level into line with powers granted to the Environment Agency, the Canal & River Trust and the Broads Authority in Norfolk. The existing legislation dates from the 18th and 19th centuries, primarily the Middle Level Act 1862—who does not remember that gorgeous piece of legislation? The foreign policy mastermind, Henry John Temple, Third Viscount Palmerston, was in his second term as Prime Minister. A member of the now defunct Liberal party, he was grappling with the American civil war. Queen Victoria was on the throne. We had riots in Lancashire over the cotton recession. The new Westminster bridge opened in London, and criminal law was amended to make robbery with violence punishable by flogging. We remember that year well. Across the pond in 1862, Abraham Lincoln announced that he would issue an emancipation proclamation the following year—what a time to be alive. We had the Middle Level Act on top of that—indeed, our cup overfloweth.
Turning to the Bill, the Middle Level Commissioners provide flood defence and water level management to the Middle Level area and are the navigation authority for the Middle Level river system. I mention that, because many people will want to know what and where the Middle Level is. The Middle Level, the largest of the great levels of the fens, was reclaimed by drainage of the land in the 17th century, and consists of over 120 miles of watercourses, 100 miles of which are statutory watercourses. If it were not for the operations of the commissioners and the local internal drainage boards, much of that fenland would be under water as it is below sea level, which would have a devastating impact on the 100,000 people who live and work in the Middle Level area.
The chief executive of the Middle Level Commissioners, Iain Smith, has said that about 1,500 vessels use their locks every year and that about 100 boats are “hiding” unlicensed on the waterway, so it is important to update the laws, enabling them to have better control of the waterways that they seek to oversee and ensuring safe navigation, as the hon. Member for Torbay set out.
The amended Bill originally intended to allow the Middle Level Commissioners to charge vessels to use the waterways; fine people for staying longer than allowed at moorings; check that boats using the waterways have valid insurance; remove sunken or abandoned vessels; temporarily close sections of waterways for works, or for events; and enter into arrangements with other navigation authorities for the mutual recognition of registrations and licences—all good stuff, the House will agree. We know that the additional income for the commissioners could make a real difference to the fenlands and the waterways. The Bill will bring the legislation covering the Middle Level into the 21st century in line with other navigation authorities, as set out by the Bill’s sponsor in his remarks.
It is a pleasure to participate in this debate on this very important Bill. I would first like to pay tribute to my hon. Friend the Member for Torbay (Kevin Foster), who volunteered to take it on. It has required a lot of work and effort. I want to put on record that he has done a quite superb job, handling it with great expertise and enthusiasm. He has made really good progress with what is an important Bill. He would make a very good Minister and this is perhaps a trial run for when he takes his first Bill through Parliament.
I would also like to thank the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard), who has been very supportive. In the process, he has become very knowledgeable about the Middle Levels and, indeed, about many watercourses that are so important to the Fens.
I will be brief, Madam Deputy Speaker. I wanted to put on record those two points, but also to say that I have a constituency interest. My constituency is right at the north-eastern end of the Middle Level, but it encompasses much of the constituency of my neighbours, my right hon. Friend the Member for South West Norfolk (Elizabeth Truss) and my hon. Friend the Member for North East Cambridgeshire (Stephen Barclay). I do have an interest and represent a significant number of constituents who enjoy using the Middle Level and associated waterways. To them, this is a way of life. It is an incredibly important part of their leisure activities, and there are many commercial activities involving boats and pleasure craft, too. The Bill is important to update the way the Middle Level in particular is controlled and managed.
I would like to put on record the excellent work done by the commissioners and the drainage boards. As the hon. Member for Plymouth, Sutton and Devonport pointed out, without the oversight of the fens and without the management of the drainage systems in place—of which the Middle Level is obviously but one of a number—we would not have the incredibly successful farm land or all the other enterprises associated with food production and processing. As he also pointed out, a lot of houses are below sea level and simply would not continue to exist without this management in place. We should pay tribute to and salute the people who do it, very often completely free of charge on a pro bono basis. In addition, many constituents own boats, and from their point of view, having a well-managed system in place with fair and reasonable charging is incredibly important.
To make one specific point, under the new regime it is important that boats that are occupied—where people live on the boats in question—are treated fairly and with a light touch. That is incredibly important, because as the hon. Member for Plymouth, Sutton and Devonport pointed out, many are on relatively low incomes. This is very often not a lifestyle choice, but a choice that has been forced on them. They have contributed a great deal over the years to the whole atmospherics of the waterways in the fens and they should be respected and looked after properly.
I have looked at the amendments very carefully. I was very supportive of the Bill in the first place, but I shared the view of my hon. Friend the Member for Christchurch (Sir Christopher Chope), who is sitting behind me, that it could be improved. Well, it has been improved. All the amendments have been well thought out. They are well crafted and well drafted. We now have a Bill that is absolutely fit for purpose and that can become an Act of Parliament that endures. It is one that my hon. Friend the Member for Torbay can be very proud of, because it will serve my constituents very well in the future. I very much look forward to seeing its success in the years to come.
Is it not good that we are having a debate about these amendments so that comments can be put on the record and people looking at the history of the Middle Level in future can say, “This is what these amendments were about.”? I am very grateful to my hon. Friend the Member for Torbay (Kevin Foster) for introducing and explaining them and putting that on the record, because otherwise this might have gone through on the nod.
My hon. Friend referred to the amendments in such detail, so I shall concentrate on one or two of the undertakings, because they are an equally important part of the process. The undertakings are contained in a letter dated 13 July to Lord Thomas, who was the Chair of the Opposed Bill Committee on the Middle Level Bill in the other place. I shall start with the first undertaking, which states that the commissioners undertake
“to spend at least 25% of the annual income received from charges under section 5 on providing facilities on the Nene-Ouse Navigation Link which meet the current Minimum Standards for the Provision of Facilities for Boaters as published by the Inland Waterways Association, until the standards are achieved on this route; and will maintain those facilities until the Navigation Advisory Committee agrees that they are no longer needed (or an expert appointed to determine any dispute following the procedures set out in section 3 determines that they are no longer needed)”.
As you may recall, Madam Deputy Speaker, that issue took up quite a lot of debate during the Bill’s earlier stages in the House, and the undertaking that has now been given is very important.
I also refer briefly to undertaking (5) on the level of the registration fee for static houseboats, which limits the charges for residential houseboats. Undertakings (7), (8), (9) and (10) relate to the residential mooring strategy, which, again, my hon. Friend referred to briefly. He was saying that it all depends on the local planning authority. I hope that it does not, because undertaking (7) says that the Middle Level Commissioners are undertaking
“to prepare and publish a strategy setting out how they intend to exercise the powers conferred by section 15 with the aim of increasing the availability of residential moorings (including transit and temporary moorings) on the waterways”.
Undertaking (8) sets out
“that the strategy will include details of the steps that the Commissioners will take to…identify potential residential mooring sites to be put to the local planning authority…facilitate applications for planning permission for residential moorings”
and to
“provide residential mooring themselves, subject to obtaining funding and planning permission”.
In undertaking (9), they undertake
“in preparing the strategy, to consult the Navigation Advisory Committee…as well as the local planning authorities, and housing authorities”,
and in under undertaking (10), they undertake
“to keep the strategy under review, and revise…as necessary”.
Those are much more proactive undertakings than one might have thought from my hon. Friend’s summary, and they point to one of the big concerns from the outset, which was that the people using the Middle Level for the purposes of residential occupation felt they could be priced out or discriminated against. The undertakings in the letter, however, which have been incorporated into the amendments, are a significant improvement on what was there originally.
I do not need to undertake an exercise of self-justification. I am pleased to have been able to pursue this debate on behalf of the petitioners, as I can now see the beneficial results.
It is a great privilege to contribute to the later stages of the Bill.
I am conscious that the Bill has been promoted by the Middle Level Commissioners. I am sure they will recognise the importance that Parliament attaches to scrutinising draft legislation that was not part of any party’s election manifesto, and my hon. Friend the Member for Christchurch (Sir Christopher Chope) was absolutely right to ensure that the Bill got the level of scrutiny he gave it. There has been a good response from the other place as well.
I pay particular tribute to my hon. Friend the Member for Torbay (Kevin Foster). In my first Parliament, I took a private Member’s Bill through the House and on to the statute book. It was also on a topic affecting rivers and similar: the Wreck Removal Convention Act 2011. My hon. Friend the Member for Christchurch was key to ensuring my Bill made good progress, and he has done the same during the various stages of this Bill.
The Bill matters because, as my hon. Friend the Member for North West Norfolk (Sir Henry Bellingham) pointed out, this is a really important part of the country, stretching from the area around Bedford through to north-west Norfolk. A mixture of things happen on the Middle Levels that are critical to the future prosperity of that part of the country and for which it is important that people can access our canals. They are our blue lungs, running throughout the United Kingdom, but particularly the Middle Levels. It is appropriate that the amendments, while recognising the need for future investment to ensure that these activities continue, seek to ensure that people who enjoy them do so in a measured and considered way, and as my hon. Friend the Member for Torbay pointed out, there will be appropriate consultation on some of the changes.
I asked the question I did earlier partly to check that other users of the Middle Level would not be able to find a loophole for potential commercial activities simply on the basis of encouraging people into recreation. My hon. Friend the Member for Torbay answered my question very fully, and as he said, there were nods of assent from the appropriate people in the Under Gallery—that is a habit he will have to get used to if he is ever called upon to be part of Her Majesty’s Government. As you will be aware Madam Deputy Speaker, Ministers regularly look towards the Box to check that they are saying the right thing—and of course they always are.
I welcome the support of the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard). It is right that draft legislation that is not about manifestos gets the appropriate scrutiny. I am particularly pleased that, through the amendments to clause 9, we have ensured that the new powers will not prevent any environmental impact, or indeed any navigational impact from, for instance, sunken vessels, from being dealt with immediately. As for matters such as navigation functions, I think that the House has been reassured, and I am sure that it will support the amendments—and the Bill—this evening.
Lords amendment 1 agreed to.
Lords amendments 2 to 20 agreed to.