Middle Level Bill

Lord Bellingham Excerpts

Report stage: House of Commons
Wednesday 28th February 2018 Commons Chamber

[Sir Christopher Chope]

I am grateful to my hon. Friend for confirming that that is the situation. It would therefore be apposite for me to make a few introductory remarks by saying that I, the petitioners and others much appreciate how the Bill’s promoters have responded positively to many of the points that have been made. A series of good points are set out in the promoters’ statement. My hon. Friend the Member for Solihull (Julian Knight), who was an assiduous member of the Committee, is present, and everybody agrees that it is a credit to the House that the Bill has been considered in such detail.

Several points were made on Second Reading, the commissioners responded to them, and some of those responses were reflected in amendments in Committee. When the petitioners had the chance to be heard—I think over three days—many of their points were also accepted. The stage that we are at now is the consideration of the amendments that were proposed as a result of those representations. There are questions over whether the amendments go far enough, whether they could be tweaked in some way and about what signals could be sent to the other place, which has yet to consider the Bill. When the Bill goes to the other place, I am sure that there will be petitions against it.

We will be able to see the extent to which the petitioners’ arguments are accepted today, because it is obviously open to the Bill’s promoters to say at any stage, “Well, I think that’s a good point. We hadn’t thought of that.” My hon. Friend the Member for Torbay (Kevin Foster), who is sponsoring the Bill on the promoters’ behalf, is a good listener, and I sure that things will go well in the future. If the Bill had never been objected to, it would have gone through as it was originally, but it is now much better. However, “much better” does not mean that it is not capable of being improved further. That is the whole purpose of putting forward these new clauses and other amendments this afternoon.

Paragraph 2.3 of the statement on behalf of the promoter, the Middle Level Commissioners, in support of the Bill makes it clear that

“the Commissioners currently do not receive any income from navigation of the waterways.”

With the passage of the Bill, they will receive such income. New clause 1 is designed to ensure that the quid pro quo is that if the waterway is not navigable, those charges should not apply. The petitioners believe that under case law in the case of Brett v. Beale and others, the commissioners must provide something beyond what is already provided in return for making additional charges. I am sure that my hon. Friend the Member for Torbay will accept that that is a reasonable proposition.

The March Cruising Club is of the opinion that if boaters can be charged to use the system for navigation, it is essential that boater facilities are maintained and that an adequate depth of water is introduced as a minimum standard. Where that does not apply, any requirement to pay charges should be waived.

[Sir Henry Bellingham (North West Norfolk) (Con)]

My hon. Friend will be aware that the Bill affects my constituency. Without the Middle Level Commissioners, we would not have many homes protected and many thousands of hectares of farmland would not be kept productive. Does he agree that the key point is that if navigation, locks and waterways are funded through this charge, there will be more money for flood defences, which are a key priority in this part of East Anglia? Does he agree that the principle of the Bill is fit for purpose? Now that he is involved with his various amendments, the Bill may well become better, but surely the principle is very strong.

[Sir Christopher Chope]

I think the principle is that if the farmers—I know my hon. Friend has a significant interest in farming—are going to benefit from land drainage schemes, and this is essentially one mega land drainage scheme, I do not see why they should not have to pay for the benefit that they get from the scheme. That is what this is all about.

I am told—I do not hold myself up as an expert on anything, but certainly not on this—that if there was no longer any land drainage, the navigation would be much wider, more effective and deeper. In a sense, the land drainage enables the farmers to make their profits off the land and is of direct benefit to them, whereas the navigation would be there even if there was no land drainage. I do not know whether my hon. Friend accepts that that is a true analysis—perhaps he is a better student of geography than I—but that is what I am told.

When the commissioners were first given their role, it was on the basis that they would recover charges from the landowners, rather than from the users of the navigation. If charges are to be introduced for the use of the navigation, the argument is that those charges should be used to keep the navigation open and usable by those who are being charged for using it. That seems to me a perfectly equitable principle on which to proceed. That is the background to the first new clause.

[Sir Christopher Chope]

I am not briefed to have an answer to that. All I can do is make the general comment that this has been raised by the March Cruising Club, which I imagine would not be concerned about it if it was not a problem. The March Cruising Club believes it is important to have this adequate depth of water set out to make sure the navigation is available.

That brings me on to new clause 2, which would require the provision of specified facilities at Stanground Lock and Salters Lode Lock. It states:

“The commissioners must, within twelve months of the day on which the Act comes into force, provide facilities at Stanground Lock and Salters Lode Lock including a lavatory, a fresh water point, bins for the disposal of refuse”

and so on. It also states that they should provide

“a minimum of ten moorings, each available for up to seven days at any one time and capable of accommodating a boat of up to fifty feet in length.”

Again this is a quid pro quo: if the commissioners want to make money out of the navigation and the vessels using it, it would be sensible for them to make sure there are proper facilities for those vessels, which will be paying significantly for the privilege of using the navigation.

A similar point is raised in new clause 3 by the March Cruising Club. This clause states:

“The Commissioners must, within twelve months of the day on which this Act comes into force, provide facilities within the town of March including a lavatory, a coin operated water shower”

and so on. I understand that the commissioners have more or less guaranteed that that is what they are going to do, but the petitioners understandably want to ensure that those undertakings and expressions of good intention are properly reflected in the legislation, rather than just being left as a matter of good will.

[Sir Henry Bellingham]

Surely there are few precedents for putting in the Bill specific infrastructure service provisions such as these. Doing so would cheapen the Bill in some ways and would make the point publicly that there was not this confidence between the Middle Level Commissioners and the different boating interests. What those boating interests want above all else is good navigable waters that are well maintained and at the right depth and with locks that work so that they can enjoy their boats at different times. If there is a surplus of revenue, and the relationship between the commissioners and the boating interests is positive and proactive, these other facilities can be looked at in the future. I urge my hon. Friend to consider that putting this in the Bill is not a good idea.

[Sir Christopher Chope]

I am glad my hon. Friend agrees that the provision of these facilities is a good idea, but I cannot understand why he thinks requiring them to be provided in the Bill is not a good idea.

[Sir Henry Bellingham]

There is no need.

[Sir Christopher Chope]

Ultimately, it is an issue of trust as to whether or not the undertakings given will be honoured. We have precedents from other private Bills in this House—for example, the north London cemetery Bill—where the promotors have written to the Chairman of Ways and Means giving an undertaking, which was then put in the public domain. That may be another way of resolving this problem. From what my hon. Friend is saying, it seems that everyone is agreed that these facilities are necessary and desirable, and should be provided.

New clause 4 says that the

“Commissioners must within twelve months of the day on which this Act comes into forces enable access to the facilities and moorings specified under this Act to be by a boater key system paid for by boaters for a nominal fee and operated by the Commissioners.”

That is not an unreasonable suggestion. It is a commonplace practice in the boating industry.

--- Later in debate ---

[Sir Christopher Chope]

I accept that we do not want to go into any more detail than I have already, but the analogy is that the powers that are being sought in the Bill by the Middle Level Commissioners are almost identical to the powers that have already been obtained by other organisations, such as the Canal and River Trust, which operates on the Kennet and Avon canal.

[Sir Henry Bellingham]

Is there any serious demand from disabled people in the boat-owning community in East Anglia for this exemption? I have a number of disabled constituents who are boat owners, and as I pointed out on Second Reading in the last Parliament, many boat owners from my constituency will motor upstream into the different parts of the Middle Level. I have not come across any demand from disabled people; this is not like the blue badge scheme. We have great respect for those in the disabled community, but is my hon. Friend really saying that there is a desire to give them an exemption from these charges? Would that not just make the scheme that much more bureaucratic? Also, most disabled people are very proud, so do they really want this exemption?

[Sir Christopher Chope]

Obviously, they would get the exemption only if they applied for it. Disabled people are proud, and I have a lot of disabled residents among my constituents, but that does not mean that, for example, they do not cherish the ability to park their cars using a discretionary parking permit.

In direct answer to my hon. Friend’s intervention, I had not received any representations from disabled constituents of his before making this speech; if I had, I would have referred them to him. However, what I can say is that the Canal and River Trust, which was dealing with this issue in Wiltshire, has now accepted in principle that disabled boaters should not have enforcement action taken against them in the same way as able-bodied boaters, but it has not yet been very keen to communicate that policy to disabled people there.

All I can say is that, given how the powers have been used on inland waterways in other parts of the country, there is potentially an issue, and by putting forward amendment 14, I have at least ensured that it is discussed. As we know, there is even more interest in the other place in promoting the cause of disabled people than there is in this House. It may well be that, when the Bill gets to the other place, Members there will wish to pursue the content of amendment 14 if it is not accepted by the sponsor today.

Amendments 15 and 16 are designed to leave out clauses 5 and 7. I tabled them to enable us to have a debate on the content of those clauses, should that be thought desirable. However, having regard to the time, the best thing to do is probably not to speak to those amendments but to go on to one or two of the later amendments.

[Sir Christopher Chope]

My hon. Friend says that that is a shame—

[Sir Henry Bellingham]

It is not a shame at all.

[Sir Christopher Chope]

Well, it is one each on that one.

--- Later in debate ---

[Julian Knight]

I thank the hon. Lady for her intervention. I know that she has taken a particular interest in this matter. On the question of homelessness, I shall deal in detail with the potential for a review if the interests of houseboat dwellers are not taken into account. She also asked about licence fees, and the Bill contains the idea that the money raised from those fees should be spent on navigation. In fact, according to the information that we have, that is unlikely to be enough to cover all the potential navigation costs.

As I have said, I believe that the Bill strikes the right balance. Today’s debate is, rightly, restricted to the technicalities of the Bill, as the case for updating the law governing the Middle Level navigations is undeniable and has been accepted by the House. The existing Acts were laid down in the 19th century and simply do not reflect the realities of managing a modern waterway. The Bill will bring the Middle Level into line with the rules governing neighbouring systems, prevent the diversion of resources away from vital flood prevention measures, and allow the commissioners to provide the standards of safety and convenience that should be standard on all British waterways.

I know that some object to the Bill on the ground that to charge those who navigate the levels breaches an ancient right of free navigation. However, after close scrutiny, my colleagues and I do not believe that that is the case. For starters, there has always been a levy for using the Middle Level. When the previous Middle Level Acts were drafted, the waterways were heavily used by commercial and industrial shipping, with pleasure craft almost an anomaly in that respect. It was therefore sensible to concentrate fees for maintaining the navigations on commercial shipping.

However, the situation today is entirely the reverse: the levels are well used by pleasure and leisure craft, and they see little, if any, commercial traffic. It is therefore only right that we empower the commissioners to levy funds from those who enjoy the Middle Level today. We should also remember that many of the costs are incurred explicitly through keeping the waterways navigable. Locks could easily be replaced by much more cost-effective alternatives such as weirs, were flood control the commission’s only consideration. I believe that this also addresses concerns about a supposed right to free navigation. Certainly, the case can be made that the state ought not to levy a fee to sail on a naturally navigable river, but when public funds must be laid out to maintain an artificial navigation, it is just that those who benefit should pay.

I also urge the House to remember that the Middle Level navigations are not only navigable waterways but important flood protection measures, without which much of the fens would be under water for at least part of the year. The Middle Level commissioners are responsible for both those important functions, but without the ability to levy funds from those using the waterways, they have no choice but to maintain them by diverting money from their flood defences. As a matter of public safety, as well as one of basic fairness, this should change.

In Committee, we heard another important objection to the proposed fees system that I would like to address here: what will those who pay the fee receive in exchange? That is a perfectly reasonable concern, and I will briefly explain to the House how the Bill has addressed it. First, we have a commitment from the commissioners that they will not under any circumstances levy more money from boat users than they need to maintain the navigations in good order. In fact, I am told that they are likely to raise much less than that. The commissioners also know that they will only undermine their own fundraising efforts if they set the rates at a level that discourages the use of the waterways. I am therefore confident that the rates will remain competitive and in line with the rest of the inland waterway network, which is in effect a market.

Secondly, the commissioners have committed to spending the money raised from those using the navigations on maintaining the navigations themselves. Thirdly, the facilities on the Middle Level are clearly in urgent need of an upgrade. At present, there are only two public facilities on the entire system, and it needs not only more toilets, but other services such as drainage, watering posts, and refuse collection. All that needs to be paid for, and it does not seem right that local council tax payers are asked to fund improvements so that the actual beneficiaries can enjoy them free of charge.

Another objection heard by the Committee was that new rules would unfairly penalise houseboat dwellers. The rules in question are the commissioner’s powers to move vessels that have been abandoned or moored without authority. Some of the petitioners were concerned that the notice periods were too short. Others even alleged that the proposals violated the human rights of those who live on the level. However, I believe that the Bill has addressed such concerns. For a start, there is obviously no possibility of this or any other Bill empowering the commissioners to violate anybody’s human rights unless some explicit exemption were written into it for that purpose.

Beyond that, the Bill contains several additional measures intended to reassure residents of the Middle Level. It provides a clear definition of the “lawful authority” under which vessels can be removed and specifies that any notices must be served to the vessels in question. Clause 15 requires that the commission publish a clear protocol to specify that moving a vessel will be a last resort. Moreover, clause 13 explicitly mandates the commission to have regard for the rights and interests of boat dwellers and to report annually on how they have upheld that duty. That means that the Middle Level navigations will offer some of the best and most explicit protections to houseboat users of any part of this country’s inland waterways. I concluded that the protections are more than adequate to offset the legitimate concerns of boat users while still allowing the commission to perform the essential function of moving abandoned or illegally moored vessels that are either blocking the use of moorings by others or obstructing navigation of the narrower waterways.

Finally, on byelaws and regulation, the new powers proposed in the Bill will allow the commission to require vessels to be insured and to meet proper safety standards, while providing a period of adjustment so that those using the levels can make sure their boats are up to code. My colleagues on the Committee and I all felt that that was important not only for its own sake, but to prevent the Middle Level becoming a dumping ground for old, unsafe vessels that are no longer legal on other parts of the network. Furthermore, the Middle Level will be adopting standards similar to those of neighbouring waterways, which will mean minimal disruption for anybody trying to use the navigations as part of the broader network. In short, the Bill will modernise the management of the Middle Level while preserving, and indeed enhancing, its unique historical character both for today’s users and future generations.

[Sir Henry Bellingham]

The Bill affects my constituency along with several others, and it is vital to the people living in the fens. Without the modern drainage that was brought in during the 18th century, they would not have homes, and we would not have nearly 200,000 acres of prime agricultural land. It is also important to the owners of pleasure craft. I thank my hon. Friend the Member for Solihull (Julian Knight), who chaired the Committee, and agree with what he just said, and I particularly thank my hon. Friend the Member for Torbay (Kevin Foster) for his indefatigable work as the Bill’s sponsor.

It is important that we have a charging regime that is simple, transparent and not too bureaucratic. Some of the amendments do make quite a lot of sense but, with great respect to my hon. Friend the Member for Christchurch (Sir Christopher Chope), I urge the House not to have anything to do with the new clauses, which would complicate the Bill and make it more bureaucratic. What we want is a simple Bill, with a charging system that really is fit for purpose. We want to build up a position of trust between the commissioners and the boat owners and users who will be paying the navigation fees.

On that basis, I very much hope that the Bill is not delayed a day longer than is necessary, because it is so important to my constituency.

[The Minister for Agriculture, Fisheries and Food (George Eustice)]

Members will be pleased to know that I can be relatively brief.

The Government support the Bill, which is promoted by the Middle Level Commissioners, a statutory corporation constituted under the Middle Level Act 1862. We have had a good debate this evening and I commend the many probing amendments that my hon. Friend the Member for Christchurch (Sir Christopher Chope) tabled, but I believe that all the points he raised have been dealt with comprehensively, in particular by my hon. Friend the Member for Torbay (Kevin Foster), who has a deep grasp of all the detail of the Bill.

The legal framework that governs the commissioners’ navigation function is made up of a number of 18th and 19th century Acts, which are now considerably out of date and do not align with modern requirements or the statutory framework that is applicable to other navigation authorities. In particular, the current legal framework that governs the commissioners does not include adequate provision for the registration of vessels using the waterways or the levying of charges for the use of the waterways and associated facilities. As a result, the commissioners do not receive any income from the navigation of the waterways, which has meant that moneys raised through drainage rates and levies have had to be used to fund navigation rather than for flood defence purposes, which is contrary to Government policy.

The commissioners are therefore seeking to update and clarify their powers to enable them to properly regulate and fund their waterways. The powers that they are seeking are similar to those used by other large inland navigation authorities, for example the Canal and River Trust, the Environment Agency and the Broads Authority.

I very much support the Bill and hope that it will pass unamended this evening.

Oral Answers to Questions

Lord Bellingham Excerpts

Thursday 26th October 2017 Commons Chamber

[Dr Coffey]

I met the hon. Gentleman to discuss this matter. We have been engaging with the Treasury about the site, because I know there is a particular issue he wishes to be progressed. The Treasury has oversight of the Crown Estate and the tax system and will consider the business case in due course, but I can assure him that the Environment Agency will continue to work closely with the local councils. They have removed the dangerous waste that was there.

[Sir Henry Bellingham (North West Norfolk) (Con)]

How many slaughterhouses do not currently have CCTV installed?

[The Minister for Agriculture, Fisheries and Food (George Eustice)]

From memory, about 90% or 95% of all animals slaughtered are slaughtered in the larger slaughterhouses which have CCTV. However, about half of all slaughterhouses do not, particularly some of the smaller ones. That is why we are bringing forward legislation to make CCTV compulsory in all slaughterhouses.

Oral Answers to Questions

Lord Bellingham Excerpts

Thursday 20th April 2017 Commons Chamber

[Mrs Theresa Villiers (Chipping Barnet) (Con)]

4. What progress her Department has made on its plans to ban microbeads from certain products.

[Sir Henry Bellingham (North West Norfolk) (Con)]

7. What the timetable is for the ban on microbeads in cosmetics and personal care products.

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

The consultation closed on 28 February and we are currently examining the responses. Our intention is to introduce legislation this year, with a ban on manufacturing expected to apply from 1 January 2018 and a ban on sales expected from 30 June 2018, as was outlined in our proposals.

[Dr Coffey]

The consultation also sought to gather evidence on the extent of the environmental impacts of micro-plastics from other sources. We are reviewing the responses to that consultation, and any new evidence will be used to inform actions to protect the marine environment. I assure my right hon. Friend that we are also looking at the litter strategy, the use of plastic bottles and on-the-go consumption, but I remind her that we need to be careful as we take that forward as a lot of microbeads and plastics are the outcome of, for example, recycled bottles that are made into fleece.

[Sir Henry Bellingham]

I was recently rummaging through my wife’s collection of shampoos, and to my horror I found a plastic container of Olay anti-wrinkle, anti-ageing lotion, complete with exfoliating microbeads. Obviously, neither the Secretary of State nor her Minister would ever need to use such a product, but will the Minister get on the telephone to the chief executive of Procter & Gamble and tell him that selling that sort of product is completely outrageous and that it should be withdrawn from the market at once?

[Mr Speaker]

The leisure pursuits of the hon. Gentleman are truly extraordinary.

Middle Level Bill

Lord Bellingham Excerpts

2nd reading: House of Commons
Wednesday 29th March 2017 Commons Chamber

[Kevin Foster]

My hon. Friend is a doughty scrutiniser of Bills, even if they do not relate to Christchurch. I know that he, like me, takes his duties as a Member of the House very seriously when it comes to promoting and debating legislation. He rightly champions the point that there is no restriction on our debating legislation even if it does not directly affect our constituencies. Private Bills must be sponsored by Back-Bench Members, for obvious reasons, and some of the MPs directly affected by the Bill are Ministers. Given the interest that I have expressed in waterways and their consistent management, I think that it is appropriate for me to sponsor this Bill. Of course, all Members will have the opportunity to participate in the debate, and I hope that we will hear from at least one local Member who is directly affected. I am sure that my hon. Friend will also share his insights into the Bill.

[Sir Henry Bellingham (North West Norfolk) (Con)]

I am not directly affected by the Bill, but the drains and waterways in question are adjacent to my constituency. I support the Bill 100%, and I am delighted that my hon. Friend is sponsoring it. I think it is appropriate for him to do so, because a local MP might encounter conflicts of some kind. It makes a great deal of sense for an MP from another part of the country to sponsor this important Bill to give the commissioners more powers, and we are grateful to him for doing so.

[Kevin Foster]

I thank my hon. Friend for his intervention; I could not have put it better myself.

Why do we need a Bill? As many hon. Members know, I regularly make the point on Fridays that legislating is not something to do for the fun of it or a unique form of parliamentary sport. For a Bill to be worthy of parliamentary time, there must be a clear need for it. This private Bill is being promoted by the Middle Level Commissioners, a statutory corporation constituted under the Middle Level Act 1862. The commissioners provide flood defence and water level management to the Middle Level area, and they are the navigation authority for the Middle Level river system. The legal framework that governs the commissioners’ navigation function is made up of several 18th and 19th-century Acts that regulate the use of these waterways, which were mainly laid out in the 17th century.

--- Later in debate ---

[Kevin Foster]

I know that my hon. Friend would agree with me that people are more than able to deal with two issues at the same time. The EU referendum was very important and many hon. Members engaged with it—I know that he engaged passionately and put his side of the argument—but they can also deal with other things, as was true today, when hon. Members have had various items on the agenda. I would not say immediately that the fact that the consultation coincided with the referendum meant that nobody took part in it. Petitions against the Bill have been deposited, and if the Bill is read a Second time, the petitioners can be heard before an Opposed Private Bill Committee, which will scrutinise the Bill in more depth. I hope that my hon. Friend will support the Bill on Second Reading so that those points can be made, the petitioners can come along and we can consider how to work constructively and appropriately to create a modern framework of regulation, rather than continue with a framework based on the needs of the 17th, 18th and 19th centuries.

[Sir Henry Bellingham]

My hon. Friend is being generous in giving way. He made the key point earlier to my hon. Friend the Member for Christchurch (Mr Chope), which is that the powers need to be brought up to date, made more fit for purpose and more modern, and brought into line with similar powers over other waterways, as exercised by the Environment Agency, the Canal & River Trust and the Broads Authority, which is near my constituency. An update is long overdue.

[Kevin Foster]

I thank my hon. Friend for putting succinctly the exact points that need to be made. The current system of regulation dates from another era and it needs to be brought into line with the successful system elsewhere. The House is not being petitioned to revert other areas to the old system, but there is a demand for change.

It might be helpful if I go through the consultation that took place between February and June 2016. The commissioners notified affected parties, including those with navigation interests, land drainage interests and local authorities, and published newspaper notices and placed details on their website. Of the 23 responses received, 18 were supportive, three neutral and two opposed.

It might be helpful if I list the supporters. They include the Inland Waterways Association, the East Anglian Waterways Association, the Association Of Nene River Clubs, the National Association of Boat Owners, the Middle Level Watermen’s Club, the Residential Boat Owners’ Association, the Association of Waterway Cruising Clubs and five local councils. My hon. Friend the Member for North West Norfolk (Sir Henry Bellingham), who represents a nearby constituency, has also indicated his support.

It is also right that I mention the concerns. Six petitions against the Bill have been deposited by individuals with varying interests in the navigation of the waterways, including the March cruising club, which my hon. Friend the Member for Christchurch (Mr Chope) has mentioned, and the National Bargee Travellers Association. The commissioners have been considering the points raised in the petitions. As I touched on in response to my hon. Friend’s intervention, if the Bill is given its Second Reading the commissioners will respond to those points prior to the Opposed Private Bill Committee. Both the commissioners and the petitioners will then have the opportunity to give evidence directly supporting their case to the Committee, which will determine the line-by-line detail of the Bill and whether its principle has been proved.

The Bill is long and complex and, for the benefit of Members, I do not intend to go through every aspect of it or of the petitions. There are, however, two issues that I think I should cover to assist the House. The first relates to houseboat owners. For some, the Middle Level is their home, not just a pleasure watercourse. I acknowledge, therefore, that one of the petitioners is the National Bargee Travellers Association. I have raised that issue in relation to the Bill’s powers and have been advised that the commissioners are a public authority bound by the Human Rights Act to comply with the European convention on human rights. If removing a vessel would interfere with its owner’s article 8 rights—namely the right to respect for private and family life, home and correspondence—that could be done only if it is proportionate to do so. The courts have indicated that it is more likely to be proportionate if a vessel plainly fails to meet safety standards or its owner consistently refuses to show that they have insurance, but it is not likely to be proportionate if there is a genuine dispute about breach of licence conditions.

The commissioners can spell that out in more detail in registration byelaws, if the Bill is passed. Of course, those byelaws will also be subject to ministerial confirmation. We could also explore the issue in more detail in the Bill Committee. Ultimately, those who make the place under discussion their home could also benefit from gaining better facilities and a more secure future via a modernised system of regulation and a modernised legal framework for the Middle Level.

My hon. Friend the Member for Peterborough (Mr Jackson) highlighted the second point, which is the idea of people paying more but not getting any facilities in return—in other words, a tax on using this stretch of water. I accept—I hope that the Bill’s promoters do as well—that this has to be a two-way street. Those who navigate cannot be charged more if they are going to receive a pretty similar service. There has to be a clear benefit. I have raised the issue with the Bill’s promoters and they have advised me that the commissioners recognise that navigators being asked to pay charges will have to get something in return for their money—there is no two ways about that. They have agreed with the Inland Waterways Association, the East Anglian Waterways Association and the National Association of Boat Owners that they will set up a users’ panel, if the Bill is passed and the framework modernised. The panel will be able to discuss an annual programme of maintenance improvements before each year’s charges are set. The precise arrangements for the panel have not yet been agreed, but the commissioners could certainly set out more detail before the Bill Committee if that would be helpful.

I hope that that provides some reassurance to the House, but again this is a matter we could explore in some depth in Committee. I would just make the point that, as with the older regulatory Acts, we may wish to consider carefully how much we want to put on the face of a Bill and how much could sensibly be left to allow some flexibility for the day-to-day management of the levels.

There is a lot of detail I could go into, particularly in relation to the patchwork of rather elderly Acts that regulate this waterway. To allow time for debate, I will not go through them all. I am, however, happy to respond to points raised during the debate and I look forward to the Minister’s comments. I hope that the Bill receives its Second Reading, so that its promoters and petitioners can make their case in Committee, and the Middle Level can have the modern, up-to-date system of regulation it deserves.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

Thank you for calling me to speak, Madam Deputy Speaker. I congratulate my hon. Friend the Member for Torbay (Kevin Foster) on his opening remarks. I am delighted to see in his place my hon. Friend the Member for North West Norfolk (Sir Henry Bellingham), because today is his birthday. That just shows how dedicated he is to his constituency duties. As he accurately identified, although his constituency is covered by the Middle Level Commissioners, this particular part of the navigation covers other stretches, including parts of the constituencies of my right hon. Friend the Member for South West Norfolk (Elizabeth Truss) and my hon. Friend the Member for North East Cambridgeshire (Stephen Barclay) who, as members of the Government, cannot speak directly to this Bill.

[Sir Henry Bellingham]

I am grateful to my hon. Friend for her extremely kind remarks. She will be aware of two things. First, she will know that quite a lot of the navigation traffic—boats and other craft—start their journeys in King’s Lynn or in my constituency and go upstream into some of these waterways. Secondly, on a point that I am sure she will come to, she and I share a passion for flood defences, and one has to remember that the extra money will be used to secure some of these waterways to prevent flooding. Flooding would obviously be devastating for all the surrounding farm areas and the many people who make their living in this area.

[Dr Coffey]

As my hon. Friend shows, he is assiduous in ensuring that people who start their journey in his constituency are well served. I recognise what he said about how the management of waterways can help with flooding.

The main purpose of the Middle Level Bill is to amend and update the powers of the Middle Level Commissioners to regulate navigation on the Middle Level of the fens in the city of Peterborough and the counties of Cambridgeshire and Norfolk. The commissioners are the navigation authority for these waterways, and have powers under a range of local Acts passed between 1663 and 1874. They are the fourth largest inland navigation authority in the country by length of navigable waterway.

As my hon. Friend the Member for Torbay set out, the commissioners have previously lobbied my Department, which is the lead policy Department responsible for inland navigation matters in this country. They wanted us to take forward legislation to amend the navigation powers, but given the constraints on Government time for legislation and the fact that the focus of the provisions is local, it was on our advice that the commissioners brought forward this private Bill. I welcome the work they have done in bringing forward the legislation that we are considering today.

As for Government scrutiny of the Bill, as the Minister responsible for inland navigation matters, I want to be satisfied that the proposed legislation and the measures included in the Bill are fit for purpose. I believe that they are, because the existing legal framework that governs the commissioners’ navigation function is now considerably dated. Some of the current laws under which the commissioners are working not only date back more than 250 years, but do not align with modern requirements. Furthermore, the current laws do not align with the statutory framework applicable to other navigation authorities—including, in particular, the commissioners’ neighbouring navigation authority, the Environment Agency, which is responsible for navigation on the River Nene and the Great Ouse. This Bill will update this dated legislation.

Unlike many other navigation authorities, such as the Environment Agency, the commissioners do not have charging powers to license boats that use their navigations. The Bill will allow that to happen and give the commissioners powers to introduce a registration scheme for vessels using the waterways. It will give the commissioners powers similar to those already exercised by other authorities such as the Environment Agency, the Canal & River Trust and the Broads Authority in respect of their own navigations. Importantly, the Bill will not alter the commission’s existing duty to protect and maintain the navigations, or affect the public’s right of navigation on the waterways. The Government would consequently be content for the Bill to make progress.

--- Later in debate ---

[Mr Stewart Jackson (Peterborough) (Con)]

I begin with the remark that all politics is local. We are now discussing the Middle Level Bill, while earlier today we were talking about major geo-political issues, including the invoking of article 50. Such is the cornucopia of delights available in the House of Commons.

We should not divide on this Bill. It is important to have a full and comprehensive debate today, but it should then proceed to Committee so that, as my hon. Friend the Member for Torbay (Kevin Foster) who so eloquently introduced the Bill as sponsor said, it can be looked at in greater detail.

I am a local Member of Parliament, but, as the Minister said, it has not been possible for Ministers directly affected by this Bill, principally my parliamentary neighbour my hon. Friend the Member for North East Cambridgeshire (Stephen Barclay), who is a Government Whip, to speak to it. However, as Members will know, the waterways we are discussing meet the River Nene at the city of Peterborough, and I therefore have a direct connection with and interest in the debate. Incidentally, in Cambridgeshire it is the River Nene, whereas in Northamptonshire, across the county line, it is—for some bizarre reason—the River Nen.

I pay tribute to one of the petitioners, my constituent Chris Taylor of Newborough, who has been indefatigable in raising this important issue and holding the Middle Level Commissioners to account. Like him, I believe that the petition period was insufficient and that there has not been a proper debate, but my principal worry is that there has been no cost-benefit analysis.

As I said to my hon. Friend the Member for Torbay earlier, we are not talking about a navigation authority that is analogous with authorities such as the Broads Authority and other authorities throughout the country that provide better facilities—in fact, provide any facilities—and I think that legislating for a power to impose tolls and charges without upgrading those facilities would be a draconian and retrograde step, which is why, in my view, we need to debate the issue further in Committee.

I appreciate that it is imperative to regularise the legal basis for the navigation authority’s duties and responsibilities, with—as the Minister said—the proviso that the Government do not become involved in the detailed operational matters of the Middle Level Commissioners, but oversee their statutory duties. I understand that the Government broadly support the need to update and amend the existing legislation, on the basis of what is in the documentation. As the Minister said, it is very aged legislation. There is not just the 17th-century legislation that she mentioned; there are the Middle Level Acts of 1810 to 1874, the Nene Navigation Act 1753, the Land Drainage Act 1991, and the Flood and Water Management Act 2010.

As I said earlier, what we are discussing is not a traditional canal or river, but interconnected open drains. The land was drained in the 17th century to release it for agricultural and other uses. As it is below sea level, until then it was effectively an inland sea. As for the town of Whittlesey, the clue is in the name. It was pretty wet, and was not used greatly. However—of course I would say this, as the local Member of Parliament—it contains some of the finest agricultural land in Britain, if not Europe, because it is incredibly well irrigated. We must bear in mind that the Middle Level Commissioners differ substantially from the more traditional navigation authorities.

The key issue that has caused concern is not just the basic issue of charges, as covered in clause 3 and, potentially, clause 9, which deals with byelaws. I accept that the petitioners are in the minority, but they contend that their public rights of navigation—not exactly ancient rights, but very well-established historical rights, bestowed on them in the latter part of the 17th century by the Duke of Bedford, who was a major landowner to the east of Peterborough and in the fens as a whole—are being curtailed and reduced. Indeed, they contend, in their petition and in further papers, that those rights go back much further, beyond even Magna Carta in 1215: as far back as the 4th century. That is a major issue.

Let me give some more details of the petitioners’ complaint. We must bear it in mind that this is about charges on the 600 to 1,000 pleasure boats that use these 100 miles of waterways every year; it is not about commercial activity. I accept that in these straitened economic times public authorities have to look where they can to secure extra funding, and that it cannot just come from landowners, farmers and the taxpayer. I do not have an ideological aversion to further tolls and charges, therefore, but I do have an aversion to any unfairness to existing users of the facilities.

At the moment there are no services on this waterway: there are no water points, changing facilities, moorings, toilets, showers or collection points for rubbish. More importantly, notwithstanding the fact that secondary legislation might ameliorate the issue, at the moment that is not covered by the Bill and is not promised. That is an important point made in the documentation by the Residential Boat Owners Association and the National Bargee Travellers Association.

My hon. Friend the Member for Torbay rightly pointed out that there is a human rights legislation issue, because if we are curtailing the right to a family life under article 8 by removing the capacity of people to enjoy what is their home—a barge, for instance, or a pleasure cruiser—that is a wider legal issue. That could be explored further in Committee.

[Sir Henry Bellingham]

I thank my hon. Friend and constituency near neighbour for giving way. Does he accept that this is not just a question of using the levies for fees for providing services, because essential bank maintenance is also needed? Unless the banks are properly maintained, in a worst-case scenario there could be appalling flooding with the banks giving way, because, as he rightly points out, this area was extensively drained in the 16th century. So it is not just a question of providing facilities; it is also a question of maintaining the fabric of the waterways.

[Mr Jackson]

May I add to the congratulations of the House on my hon. Friend’s birthday? If I may say so, he is pretty ageless—he has not aged during the 12 years I have been in Parliament—and felicitations to my hon. Friend.

My hon. Friend is absolutely right that flood prevention and flood amelioration are massively important; we agree on that.

--- Later in debate ---

[Mr Chope]

I am glad that my hon. Friend agrees with the need for informal engagement before the Bill goes to an Opposed Private Bill Committee, because apart from anything else, some of the petitioners are not well funded. If the Committee is prolonged and the petitioners have to be represented by counsel, the costs will be disproportionately high.

The National Audit Office published an illuminating report on internal drainage boards on 21 March—basically we are talking about a collection of drains, not canals. The report expresses concern about conflicts of interest and the need for proper oversight and assurance that the internal drainage boards will not engage where there are conflicts of interest.

I notice that there are 33 independent internal drainage districts within the Middle Level, each of which is responsible for the local drainage of its area. When we talk about giving more powers to the Middle Level Commissioners, we need to be circumspect about the checks and balances on the exercise of those powers, which I hope the Committee will be able to investigate when it meets to consider the proposals and the petitions against them.

One of the petitions is from Nigel Moore, who says that he is

“a boat owner and manager of other people’s boats on various navigations, is an adviser on nationwide legal issues relating to boating, and is currently an approved lay advocate for a boater in a High Court action wherein issues arise over the interpretation of similar clauses to that proposed in this Bill.”

He objects to the Bill because it

“entails clear abolition of private and public rights to no justifiable purpose, and will lead to unnecessary future litigation over ambiguities.”

Like other petitioners, he refers to the Bill’s wide interpretation of the term “waterways”. Schedule 1 will extend the term to a lot of areas that are not even navigable. The Bill will also extend the commissioners’ powers to adjacent waters, including private waters that are not currently within their jurisdiction. Apparently that, so Mr Moore says, has been

“a contentious point in related litigation.”

[Sir Henry Bellingham]

My hon. Friend says that rights are being taken away. Surely we are talking about the introduction of a few extra responsibilities and a few extra charges. What rights will be removed?

[Mr Chope]

As a result of the Bill, owners of private waters that are not subject to the Middle Level Commissioners’ control will find themselves incorporated within the responsibilities of the commissioners, who will be able to use their regulatory powers in relation to what are currently private waters. That is an extension well beyond what one might have thought of as being the scope of the Bill. As my hon. Friend knows, being an experienced Member of this House, as soon as people get the opportunity to start legislating they always want to take more powers than they strictly need, which is one of the petitioners’ concerns.

Oral Answers to Questions

Lord Bellingham Excerpts

Thursday 2nd March 2017 Commons Chamber

[Andrea Leadsom]

It is absolutely the case that we will keep all regulations when we leave the EU so that regulations look the same the day after we leave as they did the day before. The hon. Gentleman will be aware that we are looking very carefully at the whole issue of air quality. We have spent more than £2 billion since 2010 on ultra-low emission vehicles and on trying to reduce the impact of poor air quality. There is more to be done, and we are looking closely at that.

[Sir Henry Bellingham (North West Norfolk) (Con)]

T4. Will the Secretary of State join me in paying tribute to poultry producers across Norfolk who set the highest animal welfare and biosecurity standards? There has obviously been concern about the recent avian flu outburst, but can she confirm that no poultry producers in Norfolk will lose their free-range status?

[Andrea Leadsom]

We are determined to hold this terrible disease at bay for the sake of our entire poultry sector, and our robust actions so far have included an amended avian influenza prevention zone from 28 February, which covers all of England and requires mandatory biosecurity for all keepers and the compulsory housing or netting of poultry and captive birds in defined higher-risk areas. That is very important for the entire sector.

Oral Answers to Questions

Lord Bellingham Excerpts

Thursday 19th January 2017 Commons Chamber

[Andrea Leadsom]

Food prices are steady and have been reducing. There is a very recent small uptick, but generally food inflation has been low. As the Minister of State, my hon. Friend the Member for Camborne and Redruth (George Eustice), explained to the hon. Lady earlier, we do monitor the levels of expenditure on food very closely.

[Sir Henry Bellingham (North West Norfolk) (Con)]

T2. May I endorse what the Secretary of State has said about the superb work done by the emergency services and other voluntary groups along the east coast? What are she and her Department doing to support community interest companies, which can harness both the public and private sectors in finding additional funds for coastal and other defences?

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

We as a Government continue to invest in flood defences right around our coasts—a feature that my hon. Friend and I share in our constituencies. I reiterate our thanks to our emergency services and the military who helped people at risk last year. We continue to invest so that fewer homes and businesses will be at risk in future.

UK Fishing Industry

Lord Bellingham Excerpts

Thursday 1st December 2016 Commons Chamber

[Sir Henry Bellingham (North West Norfolk) (Con)]

It is a pleasure to follow the right hon. Member for Tynemouth (Mr Campbell), and, like him, I am going say a few words about my local fishery in a moment. We have been the beneficiaries of the expertise of my hon. Friend the Member for Tiverton and Honiton (Neil Parish), and I agreed with the hon. Member for Great Grimsby (Melanie Onn) and, indeed, the right hon. Member for Tynemouth when they pointed out that fishing is a dangerous profession. Every year, lives are lost at sea. The fishermen in our constituencies are going out, day after day, in some of the most demanding conditions imaginable.

Before I come on to the CFP and the future, I would like to say something about the Wash. The Wash fishery is one of the most successful in Europe. More than 100 boats fish out of King’s Lynn, Boston and the smaller ports such as Brancaster and Wells. About 40 boats fish out of Lynn, and for every job on the boats, there are probably five onshore—engineers at a small boatyard, for example, and specialist businesses dealing with re-equipping and re-fitting fishing gear. Some engineers specialise in hydraulics, but there is an entire onshore industry that supports the fisheries. There are some important fish processing businesses, as well, including John Lake Shellfish Ltd and Lynn Shellfish. Between them, they employ a significant number of people.

Fishing is very much part of Lynn’s heritage, as superbly portrayed in the True’s Yard Fisherfolk Museum in King’s Lynn, which depicts the story of the old North End fishing quarter of Lynn. It was, of course, Queen Elizabeth I who granted Lynn fishermen the right to

“free and uninterrupted use of the Fisher Fleet for ever and ever”

and a day. King’s Lynn was, in fact, the first port in the UK to join the New Hansa, a consortium of ports in Europe that were originally members of the Hanseatic League.

Fishing is thus an incredibly important part of my constituency, and the mainstay of the Wash shell fishery is the shrimp harvest. There are other target species, including cockles, whelks, mussels, some crabs, lobsters and some whitefish. Let me say a few words about the shrimp fishery first.

Shrimp is an all-year-round fishery, so it is incredibly important to keep the processing plants open all year. One of the leading fishermen in King’s Lynn is John Lake, who said to me the other day that it was “the glue” that holds “the entire fishery together”. The Minister will know that the 2016 harvest was a record one. There were superb catches. The Wash shrimp fishery is now the best in Europe, and quite a lot of the catch is exported, so the lower pound has been highly beneficial. On average this year, exports have been between £350,000 and £400,000, which is obviously good for the balance of payments. This is bringing in a great deal of resources and money to the fishermen.

As the Minister also knows, a potential crisis is looming. Already 40% of the original fishing grounds in the Wash are no longer available because of the RAF bombing range and the exclusion zone around the 1,000 or so offshore wind turbines. The number of conservation areas has been increased, and there has been an increase in sand extraction. For those reasons, fishermen have lost 40% of the fishing grounds that were available about 20 years ago. That makes it even more remarkable that we have had a record shrimp harvest.

There is a potential problem coming our way, and I should like the Minister to look into it. The Eastern Inshore Fisheries and Conservation Authority is consulting on the introduction of a permit scheme that could lead to a significant reduction—about 14%—in the shrimp grounds. There have been suggestions of possible damage to soft, muddy or mixed sediments. However, one fisherman told me that beam trawlers have been going out into that part of the Wash for 200 years, and one really strong north-east gale will do far more damage in one day than they could do in a year.

This is coming from the European Union: EU regulations are putting pressure on EIFCA. I urge the Minister to look at this matter urgently, especially given that we are leaving the EU. Perhaps he could call a meeting with members of EIFCA and talk it through with them. We want proper evidence. We want a peer-reviewed survey, and we want a proportionate, common-sense approach to the problem. The Minister has already made a pledge to look at it, but I urge him to look at it again, because the fishery will be under a great deal of pressure if that does not happen. One of the great jewels in our crown will be lost, and that is an incredibly important consideration in my constituency.

The cockle fishery has a shorter season, but the stocks have been prolific recently, and the fishermen have been helped by the fall in the pound. In this case EIFCA raised the quota from 2 tonnes to 3 tonnes per vessel, which has been beneficial. We have therefore had a good season. However, there has been an ongoing debate about methods of cockle fishing. The suction dredging technique is preferred by the bigger commercial fishermen, but the artisanal fishermen use prop washing: they anchor the boat and turn the engine on, and the boat then goes round in a circle stirring up the sediment. When the tide goes down, the boat will alight and the hand-raking will commence. That is the traditional artisanal way of fishing, and because it is successful and is popular among the artisanal fishermen, suction dredging has been banned for the last few years.

However, there are parts of the Wash where prop washing cannot take place, because the stock of cockles is too sparsely distributed. The technique only works in areas where there is a concentration of cockles that can be stirred up. In recent years, significant amounts of stock have simply gone unfished. Let me give the Minister an example. Fishermen told me the other day that in the Boston main fishery, on the western side of the Wash, between 9,000 and 10,000 tonnes of large cockles—which are worth roughly three times as much as the smaller ones—went unfished, and went to waste. That is between £9 million and £10 million worth of stock, at about £900 a tonne, so it was an appalling waste. Had suction dredging been permitted on an ad hoc, one-off basis, the harvest could have been extended and a great many extra cockles could have been brought in, to the benefit of the fishery.

I hope that the Minister will deal with those points when he winds up the debate, but if he does not have time to do so, perhaps he will write to me.

Let me end by saying that I think there are massive opportunities post-Brexit, although things will not be in any way easy. As my hon. Friend the Member for Tiverton and Honiton pointed out, difficult and challenging negotiations lie before us, but surely, with a certain amount of imagination and innovation, we can ensure that those bilateral and trilateral arrangements are put in place, and we can reset our fisheries policy so that we have a UK fisheries policy and can get the best possible deal for UK fishermen, particularly those in Scotland. I remember that, in my youth, every single port in Scotland had a fisher fleet. The CFP has been a disaster for UK fisheries. We now have a huge opportunity to reconfigure it, and rebuild fishing policy for the future in the interests of UK fishermen. I know that the Minister cannot give away his negotiating position, but I hope that today he will spell out his vision of the future of UK fisheries. We wish him well.

Oral Answers to Questions

Lord Bellingham Excerpts

Thursday 24th November 2016 Commons Chamber

[Andrea Leadsom]

The UK has some of the highest animal welfare, food safety and food traceability standards in the world, and we will always seek to maintain them, notwithstanding our international food export action plan, which seeks to promote great British food abroad as well as to take advantage of foreign direct investment to make our sectors even more successful.

[Sir Henry Bellingham (North West Norfolk) (Con)]

T3. Is the fisheries Minister aware that the shell fishery in the Wash is now the most prolific in Europe? We have recently seen record catches of shrimp, much of which is exported. However, this part of the fishery is at risk because of a permit system. Will he look into the situation, intervene and do his best to ensure that the fishery continues to thrive?

[The Minister of State, Department for Environment, Food and Rural Affairs (George Eustice)]

My hon. Friend has raised this issue with me before, so I am well aware of it. I am also aware that it is a matter for the local Inshore Fisheries and Conservation Agency, although DEFRA does have a role in working with IFCA and signing off any proposals. I understand that this particular case is at the consultation stage, so local fishermen should make their views known at this point.

East Anglian Fishing Fleet

Lord Bellingham Excerpts

Wednesday 16th November 2016 Westminster Hall

[Peter Aldous]

A lot of what I am going to say is important for the whole of the coast of the British Isles. Our withdrawal from the common fisheries policy provides an opportunity to put in place a policy framework in which the East Anglian fleet and all those who work in the industry are given a realistic opportunity of earning a good wage and securing a fair return on the investment in their boats and equipment. That is the very least they deserve in what is the most dangerous trade in Britain.

It is appropriate to quietly reflect on the challenges faced by all those who go to sea, their families and those who support them, including the Fishermen’s Mission, so ably run from Lowestoft along most of the eastern and southern coast by Tim Jenkins, as well as the Royal National Lifeboat Institution crews in Lowestoft, Hunstanton, Wells, Sheringham, Cromer, Happisburgh, Gorleston, Southwold and Aldeburgh. Last month I had the pleasure of meeting Jeff Melton, the skipper of the Serene Dawn from Lowestoft, who lost his leg while at sea. His courage, determination and humour shone through. We owe it to people like him to grasp the opportunity that now presents itself.

The East Anglian coast, along with its ports, harbours and fishing villages, has been shaped by fishing over the last millennium. A significant industry and way of life grew up all along the coast, focused on such places as King’s Lynn, Wells, Sheringham, Cromer, Winterton, Great Yarmouth, Gorleston, Lowestoft, Pakefield, Kessingland, Southwold, Walberswick, Dunwich, Aldeburgh, Orford, Felixstowe and Ipswich. Part of the industry was and still is focused on shellfish such as crabs, shrimps and mussels, while large commercial fleets and allied industries grew up in the larger ports of Lowestoft and Great Yarmouth, where the industry was underpinned by herrings, the silver darlings of the North sea.

[Sir Henry Bellingham (North West Norfolk) (Con)]

My hon. Friend mentioned King’s Lynn, in my constituency. The Wash shellfishery is one of the best and biggest in Europe and the shrimp fishery has had record catches this year, which is very good for exports. Is my hon. Friend aware that the Marine Stewardship Council is now recommending that 14% of the shrimp fishery be closed down, which could have very adverse consequences?

[Peter Aldous]

I was not aware of that precise detail. The shrimp industry is an integral part of the industry in East Anglia. We do have to keep in mind the risks as well as the opportunities presented by Brexit.

Seemingly overnight in the last part of the 20th century, those silver darlings—the herrings—disappeared, and an entire industry has been annihilated as a result of overfishing, red tape and poorly thought-through policies coming out of both Whitehall and Brussels, the high cost of fuel and changes in eating habits. With it, the whole edifice has come crumbling down. Ancillary industries such as boatbuilding, repairs and food processing have largely disappeared, although Birds Eye and processors such as Sam Cole remain significant employers in my constituency.

Lowestoft was the fishing capital of the southern North sea. In years gone by, one could cross the water from one side of the Hamilton Dock to the other by walking from boat to boat. Today, the dock is virtually empty of fishing boats. In the past four decades, Lowestoft has been particularly hard hit by wrong decisions by politicians and the vulnerability of the make-up of the industry, whereby large trawlers helped to sustain the smaller boats. The way that the quota has been allocated has been a major factor in Lowestoft’s dramatic decline, as it has taken away the trawlers that were the cornerstone of the industry. The six affiliated vessels in the Lowestoft producers’ organisation have a fixed quota allocation of 80,419 units this year. That is a significant amount of fish, but none of it is landed in Lowestoft—68% goes to the Netherlands and 32% to Scotland. Those boats—the Wilhelmina, the Ansgar, the Margriet, the Hendriks Brands, the Sola Fide and the Sol Deo Gloria—bring very little if any economic and social benefits to Lowestoft.

Today, the Lowestoft fleet and much of the East Anglian fleet is made up of small boats, known as the under-10s, which get a raw deal in terms of quota. Nationally, the under-10s comprise 77% of the UK fleet and employ 65% of the workforce, yet they receive only 4% of the total quota. That is not enough for skippers to sustain a business, let alone earn a sensible living, and that story is not unique to Lowestoft. It is a tale all along the East Anglian coast and beyond. The under-10s face significant challenges, including being forced out by a lack of quota, poor markets and unfair competition in fishing grounds from other sectors.

Brexit provides an opportunity to address those inequities. There is a need to reallocate fishing quota based on performance and impact so as to support small fishing communities such as those along the East Anglian coast. There is the added benefit that, by restoring fishing stocks to healthy levels, it will be possible to create more resilient marine ecosystems and preserve future fishing opportunities.

This may appear to be a statement of the bleeding obvious, but it is important to set the forthcoming negotiations for withdrawal from the common fisheries policy in a political context. Most of the East Anglian coast voted heavily for Brexit. Although I personally did not, believing that the reformed common fisheries policy, which my hon. Friend the Member for Newbury (Richard Benyon) played such an important role in creating, provided an opportunity to regenerate the industry in East Anglia, I accept the outcome of the referendum. We now need to pull together to put in place a UK fishing policy that enables fishing to flourish along the East Anglian coast and around the whole of the UK. It is vital that we leave no stone unturned in doing that; otherwise, communities will have an even greater sense of alienation, isolation and abandonment.

Post Brexit, it is important to give local inshore fishermen a fair deal and not forget them. Their industry is vital to the future of the coastal communities in which they live and work. Moreover, they have a key role to play in marine stewardship. To enable the East Anglian fleet to realise its full potential, we need to address the unfairness of the current system, in which three companies hold 61% of all quotas and fishing rights in England.

It is important to remember that fishing policy is not just about fishing. It has a key role to play in the regeneration of coastal Britain—parts of the country that have had a raw deal in recent years. If we put in place the right policy framework, fishing can play an important role in revitalising the economy in those areas. That involves breaking out of ministerial silos and working closely with other Departments. Although I am sure my hon. Friend the Minister is already doing so, I urge him to work closely with the Under-Secretary of State for Communities and Local Government, our hon. Friend the Member for Brigg and Goole (Andrew Percy), who has responsibility for coastal communities.

Brexit is a unique opportunity to reverse the years of social and economic decline in coastal areas, to rebalance the economy and to close the gaps between marginal and well-off regions and communities. As the New Economics Foundation pointed out in its report, “Blue New Deal: Revitalising the UK Coast”, fishing is one of five sectors that can help to revitalise coastal Britain. The others are aquaculture, tourism, energy and coastal management. Well-managed fisheries that allow fish stocks to grow to their maximum potential can lead to healthier marine ecosystems that produce and sustain more fish, provide more jobs and contribute more to the local economy.

A change in fishing quota allocation that encourages less environmentally damaging practices and acknowledges the contribution of the coastal small-scale fleet to the unique identities of the fishing communities in which they are based is vital to achieving that. Research by the New Economics Foundation shows that restoring UK fish stocks to a healthy level and promoting low-carbon emissions through quota reallocation across the fleet would lead across the country to an extra 457,000 tonnes of fish being landed annually, an additional £268 million pounds of gross value added and a 24% increase in employment, equivalent to 4,922 new jobs. Doing that will strengthen coastal economies and enable fishing to become more financially and environmentally sustainable.

I will quickly comment on the Brexit negotiations, in which I anticipate the Minister will play a pivotal role on fishing. I urge him to ensure that there is a fishing pillar to the Brexit negotiations. The industry must not be a sacrificial lamb, as many feel it has been in the past. He has rightly focused much of his attention to date on reclaiming control of our territorial waters and ensuring that the UK is able to take responsibility for our waters out to 200 miles or the relevant median lines. He has a far better grasp of the relative strength of his negotiating hand than I have, although from my perspective, having briefly studied the provisions of the 1964 London convention, the United Nations convention on the law of the sea and the Fishery Limits Acts 1976, it appears that he should be able to put together a coherent legal argument. I wish him well in what I am sure will be tough bartering that will make the annual December Fisheries Council meeting look like child’s play.

The Minister has highlighted the significant potential fishing opportunities that will arise from Brexit once we have taken control of our territorial waters. More fish will be available for UK fishermen to catch. However, I urge him not to rest on his laurels once he has achieved that; it is not the endgame. To ensure a bright future for the East Anglian fishing fleet, he needs to address other issues in his negotiations. First, he must ensure that the nought-to-12-mile zone is exclusively available to the inshore fleet—the smaller, UK passive-gear vessels that are at present pinned into the six-mile limit, as any pots or nets set outside that area are often towed away by foreign vessels, such as Dutch electro-pulse beam trawlers, which are currently decimating our stocks.

--- Later in debate ---

[Sir Henry Bellingham]

Will the Minister comment briefly on the point I made about the shrimp fishery and the Wash, and the damage that could be done by the MSC?

[George Eustice]

My hon. Friend has raised the issue with me. It is a matter for the IFCA, but I have asked officials to keep me informed.

My hon. Friend the Member for Waveney drew attention to the under-10s. As he knows, we have a manifesto commitment to rebalance quotas towards the under-10 metre fleet, because the historic problem from when the quotas were set is that the under-10s probably did not get a fair enough share of the quota. We are already delivering on that manifesto commitment. Only this year, we made it clear that in the discard uplift of the quota, the first 100 tonnes and then 10% thereafter would go to the under-10s. That means that this year alone they have already had 1,000 extra tonnes of fish, 573 tonnes of which are in the North sea, including more than 200 extra tonnes of haddock, 100 tonnes of saithe and 159 tonnes of plaice. We have already started to deliver on that and, as we roll out the discard ban, there will be further increases for the under-10 fleet—notably, cod is likely to be added for the North sea.

My hon. Friend mentioned access to the six-to-12 nautical miles zone, which dates from the London convention of 1964 and so predates us entering the CFP. We have had strong representations from the industry, however, that it would like to see that reviewed and to have exclusive access for our inshore UK vessels in the nought-to-12 zone. We are looking at that, but we have not yet taken any final decisions.

My hon. Friend mentioned the challenge of pulse trawlers. Indeed, I visited Lowestoft in his constituency back in June and I met local fishermen, who expressed that concern to me. I then asked CEFAS to do some work urgently to review the impact of pulse trawling, because there are potential issues of concern—countries such as Japan have already taken action to curtail or prevent pulse trawling. I therefore assure him that CEFAS is looking at the issue.

My hon. Friend mentioned flagship issues. A lot of that goes back to the important Factortame test case, which was a big tussle between the sovereignty of Parliament and EU law. There is an opportunity to re-examine that as we leave the EU, but again we have made no prior decisions. The area is complex and we should recognise that the licences, vessels and attached quotas were sold by UK fishermen—we have to recognise that—but I also believe that through the changes to the economic link, which we are planning to consult on, we can go some way towards addressing that concern.

I agree with my hon. Friend about the importance of trade. It is important to note that for countries such as Norway, which are in the European economic area, the customs union does not cover fisheries. Norway and Iceland, for example, therefore have separate preferential trade agreements with the EU. We will obviously be seeking to do something similar as we negotiate future trade agreements with our European partners. We are also keen to open new markets in countries such as China, Japan and others in the far east.

I agree with my hon. Friend about the importance of science. We will continue to engage CEFAS closely on that. We are committed to sustainable fisheries. When it comes to adding value to fisheries in the supply chain—something else he mentioned—we have set up a seafood working group led by Seafish, pulling together industry to see how we can improve the structure of the industry and the value it gets for its catch.

Finally, I confirm to my hon. Friend that as we approach Brexit the Department is working closely with every other Department, including the Department for Communities and Local Government, and he is absolutely right that we have a great opportunity as we negotiate future policy to get something that works for our coastal communities.

Question put and agreed to.

Driven Grouse Shooting

Lord Bellingham Excerpts

Monday 31st October 2016 Westminster Hall

[Steve Double (St Austell and Newquay) (Con)]

I beg to move,

That this House has considered e-petitions 125003 and 164851 relating to driven grouse shooting.

It is a joy and great pleasure to serve under your chairmanship this afternoon, Mr Davies. I thank those who initiated the two e-petitions and all those who signed them, because they have provided us with the opportunity to debate driven grouse shooting today. As with all issues regarding animals, this one is highly emotive and draws out a lot of feeling. One of the things I have been surprised about since being elected is that I get far more emails about animals—be they bees, badgers, foxes, dogs, cats or now grouse—than I do about any issues relating to the welfare of people. Something in our national make-up certainly seems to be drawn out when it comes to animals.

The e-petition to ban driven grouse shooting has received more than 120,000 signatures. The petition states:

“Grouse shooting for ‘sport’ depends on intensive habitat management which increases flood risk and greenhouse gas emissions,”

and kills many mammals, such as

“Foxes, Stoats, Mountain Hares…and…protected birds…including Hen Harriers.”

The petition goes on to describe driven grouse shooting as “canned hunting”, which is

“economically, ecologically and socially unnecessary.”

The other e-petition is in favour of protecting grouse moors and grouse shooting. It states:

“Grouse moors…are an integral part of moorland management both for the grouse and other…wildlife such as lapwing and curlew”.

According to the petition, grouse shooting helps to support local businesses, jobs and rural areas.

I have a keen interest in and concern for our traditional rural way of life, but I have never participated in grouse shooting and, as far as I am aware, I have no links or connections to anyone who has, although I will admit to eating a few grouse on occasion—I found them very tasty. I am opening this debate as a member of the Petitions Committee. I do not claim to be an expert on the subject, but since the petition was brought before the Committee it has been interesting to learn about the issues and listen to views from both sides. The Committee has received numerous written submissions and held an oral evidence session with representatives of those who wish to ban or control grouse shooting and those who support it.

Grouse shooting has existed in the UK for more than 160 years. It is governed by parliamentary legislation and European Union directives, and it is a devolved matter for the devolved regions of the UK. Red grouse are wild game birds that live in the uplands of the UK. In 2009, there were an estimated 230,000 pairs in the UK.

[Sir Henry Bellingham (North West Norfolk) (Con)]

I am hesitant to interrupt such a superb speech, but my hon. Friend mentioned that one of the petitions used the word “canned”, which is surely extremely ignorant and misleading, because the birds are completely wild. Does he agree that there is no logic whatever in saying that driven grouse shooting should be somehow controlled, but that other forms of grouse shooting should not be? There is no logic there, because we are talking about a wild bird, not one that can be reared.

[Steve Double]

I agree very much with both my hon. Friend’s points.

Red grouse are not found anywhere in the UK but uplands. They live in heather moorland and heather forms the staple part of their diet. Seventy-five per cent of global heather moorland is located in the UK, so in global terms heather moorland is rarer than the rain forest. Heather moorland comprises about 7% of the UK’s land mass, or some 6,500 square miles.

Grouse shooting comes in two forms: walked-up shooting, which involves groups of shooters who walk around a predetermined area and drive the grouse from the ground, and driven grouse shooting, which involves a group of beaters who scare the grouse from the ground towards a line of shooters. One of the petitions calls for a ban on driven grouse shooting, but as my hon. Friend said, it seems slightly illogical to wish to ban only one form of grouse shooting.

Clearly there are informed and strongly held views that grouse shooting is detrimental to our environment and wildlife. Concerns have been expressed about how the way in which the moors are managed contributes to flooding and is responsible for the destruction of other wildlife, including some of our national birds of prey in particular. I am aware that many other hon. Members wish to participate in the debate, so I will be unable to go into all the detail of the issues raised in the time available to me in opening, but I hope others will pick up on the other points. I will deal with what I see as the main issues.

One of the biggest questions, as I see it, is whether the management of grouse moors is good or bad for our environment. First, we have to look at moorland management and whether the moors must necessarily be managed. Moorland looks wild, but in fact it is a carefully managed environment. It is thanks to grouse shooting that over the past 30 years grouse moor managers in England have been responsible for the regeneration of more than 217,000 acres of heather moorland. The petition to ban mentions that such moorland is an important part of the ecosystem and local habitats, so one of the big questions to be asked is, if we were to ban grouse shooting, how would that important habitat otherwise be managed?

--- Later in debate ---

[Sir Nicholas Soames (Mid Sussex) (Con)]

It is a great privilege to be called to speak in this debate about a matter that touches on issues of great importance to this House: biodiversity; the uplands, their fragile economy and the people who live there and make their way of life there; and questions surrounding some of the most magnificent, special wild places in the whole of this beautiful country. May I congratulate my hon. Friend the Member for St Austell and Newquay (Steve Double) on the measured and careful way in which he introduced the debate?

I should declare an interest in that I am chairman of the all-party parliamentary game and wildlife conservation group and I am a keen game shot. I have had the great joy of spending a good deal of my time in the uplands ever since I was a child. The heather moorland of the sort maintained by grouse shooting is one of the rarest habitat types and enjoys some of the very highest conservation designations. These moors were not designated sites of special scientific interest in spite of being grouse moors but precisely because they were grouse moors. These wonderful places exist only because generations of owners have refused endless blandishments and huge grants from successive Governments to drain them, fence them, plant them with conifers, carpet them with sheep and cover them with roads and tracks.

[Sir Henry Bellingham]

Will my right hon. Friend give way?

[Sir Nicholas Soames]

I will press on—I am afraid I have not got any time.

The owners did that because they love these wild places and the occasional chance to shoot grouse. Driven grouse shooting touches the livelihoods of thousands of people in the uplands: hoteliers, publicans, agricultural workers, shopkeepers, retired folk, children in the holidays and, of course, gamekeepers and their families. What I particularly want to ask today is: what would happen if driven grouse shooting were to be banned and grouse moor management were to cease?

If anyone wants to see in real life what that would look like, go to Wales, which in many places is an ornithological desert. Indeed, on one 5,000-acre estate in north Yorkshire, there are more golden plover than in the whole of Wales. This May, I walked on a well keepered and managed grouse moor that practises enlightened standards of stewardship. I heard curlew, grouse, golden plover, oystercatchers, skylarks, lapwings and the wonderful grey hill partridge. It was truly a miraculous and unforgettable cacophony of sound; people can see and hear for themselves the beneficial effect of legal predator control.

I pay tribute to the work of the gamekeepers in the uplands, whose contribution to the environment and to natural biodiversity in the hills we ignore at our peril. They are responsible for the control of foxes, crows, magpies and stoats, all of which eat the eggs of ground nesting birds. They are the unsung heroes of conservation, and those who take an interest in the matter without knowing much about it need to remember that man has been dealing with predators for centuries. Other colleagues will deal at length with the question of burning, but it is true that if you cease burning, you get long, degenerate, rank heather, which is unsightly and seriously inhibits the habitat for the very species that we want to encourage. Substantial sums of private and public money have gone into the eradication of bracken and thousands of acres have been controlled. Stop driven grouse shooting and all that work will halt; we will be left with old, rank heather, acres of bracken and, inevitably, an ornithological desert.

Driven grouse shooting plays a major part in sustaining communities on the edge of and in the middle of the moors—something that cannot lightly be dismissed. I am very taken with the views of Mr Avery when he was director of conservation at the RSPB; I understand that he started the e-petition to ban grouse shooting:

“The RSPB and other moorland owners and managers agree about many things—we care deeply about the countryside and are angered by the declines in blackgrouse and wader populations; we agree that grouse moors have prevented even greater losses of heather to intensive grazing and conifers”.

He continued:

“Grouse moors undoubtedly provide good habitat for species in addition to grouse. Some birds, particularly breeding waders, do well on grouse moors. The package of management, which includes the killing, legally, of certain predator species, benefits a range of other bird species. On the subject of predators the RSPB does not oppose legal predator control and recognises that it is necessary if the objective is to produce a shootable surplus of gamebirds.”

And so say all of us.

Properly conducted grouse shooting is a force for good in the uplands. It would be a disaster for the landscape, biodiversity and many small but locally important rural economies were driven grouse shooting to be banned.

--- Later in debate ---

[Danny Kinahan]

I certainly take that point on board, but I go back to what I said at the beginning: we all need to listen to one another and find the right way of doing this. In Ireland, we have much more peat than many other areas, but we have to find the right way forward.

The RSPB has been instrumental in this, as has the Irish Grouse Conservation Trust. My feeling today is that we should not all fall out with one another. Let us work together as a team to find the right way of doing this. Burning is well regulated. We have had awful fires on some of the moors in Northern Ireland in the past few years that have had absolutely nothing to do with those looking after the land. We have to find a proper way of protecting it. I believe the proper way of protecting it is those who own the land and shoot on it carrying on as they are at the moment. The same can be said when it comes to looking after birds of prey. It is better if we all work together, pull together and learn from one another.

[Sir Henry Bellingham]

The hon. Gentleman mentioned working together. Does he agree that a good start would be for the RSPB to come back into the flagship hen harrier joint action plan, which it pulled out of after six months?

[Danny Kinahan]

I certainly agree. I would like to see the RSPB perhaps being less political and getting more involved in working with all of us.

I think I have made my point. We should work together. We have the skills and we have the regulations. Let us make them work and listen to one another.