Middle Level Bill

Baroness Laing of Elderslie Excerpts

Consideration of Lords Amendments to the Bill: House of Commons
Tuesday 16th October 2018 Commons Chamber

[Kevin Foster (Torbay) (Con)]

I beg to move, That this House agrees with Lords amendment 1.

[Madam Deputy Speaker (Dame Eleanor Laing)]

With this it will be convenient to consider Lords amendments 2 to 20.

[Kevin Foster]

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.

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[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Eleanor Laing)]

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.

[Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)]

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.