British Flora: Protection from Imported Diseases

Lord Bellingham Excerpts

Wednesday 27th June 2018 Westminster Hall

[Sir Henry Bellingham (in the Chair)]

I plan to start the wind-ups at five past five, which leaves us exactly 10 minutes. I would be grateful if the hon. Member for Strangford (Jim Shannon) and the right hon. Member for Newbury (Richard Benyon) would split the time between them.

Coastal Erosion

Lord Bellingham Excerpts

Tuesday 12th June 2018 Westminster Hall

[Kirstene Hair (Angus) (Con)]

I beg to move,

That this House has considered coastal erosion.

It is a pleasure to serve under your chairmanship, Sir David. The future of Britain’s coastline, and of our coastal communities, is finally getting the political attention that it deserves—not a moment too soon. From the need to curb plastic waste to prevent environmental damage to our shores to the opportunities that Brexit presents for reviving our long-struggling fishing communities, Britain’s coasts are coming to the forefront of the political agenda. I am glad, because if our coastal communities are to benefit from this renewed focus on their future, we need to act now to ensure that they have a future.

Coastal erosion threatens large parts of Britain’s coasts and puts houses, businesses and entire communities at risk of flooding or, in some cases, total destruction. Many hon. Members will be familiar with this issue, as coastal erosion threatens about 17% of the UK’s coastline, specifically along the east coast. The Environment Agency estimates that more than 700 properties in England could be lost to coastal erosion by the 2030s, while in Scotland, erosion is believed to pose a risk to a fifth of the coastline and the erosion rate has doubled since the 1970s. In 2013 and 2014, storms and extreme tides caused erosion that experts believed would never happen, but it has happened, and even quicker than they thought as it occurred almost overnight. Businesses and individuals are increasingly concerned about the impact of the increasingly rapid degradation of our coastline.

Our coasts are vital areas and hubs of economic activity. As well as the obvious tourism draws, they are home to much of our crucial infrastructure. In Scotland, the soft coastline, which is about 19% of the total, and which is most at risk, includes roads, railways and Scotland’s water network. There are 30,000 buildings, 100 km of railway lines, 1,300 km of our roads and a large amount of cultural and natural heritage located near to potentially erodible stretches of the Scottish coast. They could come under threat if erosion rates continued to increase in the near future.

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

I congratulate my hon. Friend on securing the debate. She will be aware that East Anglia suffered serious floods as the result of surge tides in 2013. The private sector has financed a lot of the recharging of the beaches through a community interest company in my constituency, but does she agree that that will not be enough in future and that there will have to be some form of ring-fenced funding?

[Kirstene Hair]

I am sure my hon. Friend will be pleased to hear what I am calling for the Minister to provide for my community and his.

It is time that Government at all levels took the issue more seriously. In the past, they have been guilty of putting too much emphasis on study and not enough on preventive action. If ever there was a time for urgent action, my constituents would say that it is now.

--- Later in debate ---

[Jim Shannon (Strangford) (DUP)]

Thank you for that, Sir David. Four minutes? What a challenge.

I thank the hon. Member for Angus (Kirstene Hair) for bringing this matter to Westminster Hall for consideration. I am very happy to support her, as she knows. I am glad to say that I come from what I believe to be one of the most beautiful constituencies in the whole of the United Kingdom of Great Britain and Northern Ireland—Strangford. I am privileged to live in the heart of the Ards peninsula, on the family farm. Every morning, I wake up and look over at Strangford lough, and I am very aware of the beauty of the area. I see the sun glinting off the water, I see the mountains of Mourne in the distance and I am always very conscious of the wonder of God’s creation.

At the same time, the sun glinting off the water alerts me to the issue of coastal erosion. The water may seem somewhat pretty at times, but the fact is that our coastline is crumbling away under our feet, under the foundations of our homes and under our coastal roads. Our foundation is crumbling and we must do something to address that. The issue is not a new one. I will give a Northern Ireland perspective, to show where I am on it. When I wore my former hat as an Assembly Member, I spoke about it in the Northern Ireland Assembly and things have naturally worsened since then.

Most recently, I read an article that referred to a report by the National Trust that had been commissioned on the issue of coastal erosion, which stated the shocking view that:

“Northern Ireland faces major risks from coastal erosion and marine flooding but ‘lacks basic information’”—

those are the very things that the hon. Member for Angus referred to—

“to deal with them.”

The article went on to say that the National Trust

“manages 108 miles of coast in the north, reveals that 46,000 properties are at risk from river or marine flooding, while recent stormy winters have had ‘major impacts on coastal residents’.

Climate change and rising sea-levels are leading to flooding and coastal erosion, the report found. The charity has called for ‘a strategic approach to shoreline management’ to address the challenges of marine flooding and erosion…saying at present it is ‘reactive and poorly structured’”.

That is exactly the problem that our region, like other regions, faces and it is something we are concerned about.

[Sir Henry Bellingham]

The hon. Gentleman talked about shoreline management. Does he agree that there is a major role for the private sector to contribute, working in partnership with local authorities?

[Jim Shannon]

I thank the hon. Gentleman for his intervention and I totally agree with what he has said. Northern Ireland has a lack of information about how its coast works—the rates of change, the sources of coastal material, patterns of sand movement, the impact of storms and post-storm recovery—along most of the coastline. Those are the issues for us when it comes to coastal erosion.

--- Later in debate ---

[Gillian Keegan (Chichester) (Con)]

It is a pleasure to serve under your chairmanship, Sir David. I congratulate my hon. Friend the Member for Angus (Kirstene Hair) on securing this important debate and highlighting the risk to all our coastal communities.

Many of my constituents are lucky enough to live by the sea, with beautiful views and a vibrant tourism economy. The Chichester constituency is home to some of the UK’s most beautiful beaches and diverse marine ecosystems, but with those privileges comes a great deal of risk. Coastal erosion and flooding are a constant threat to many areas. Over the past century, we have observed a global mean sea level rise of 20 cm and that trend is set to continue over the coming years, according to the Intergovernmental Panel on Climate Change. To contextualise that, just a 50 cm rise in local sea levels would make 200 km of our current defences vulnerable to failure. Under the IPCC’s modelling, that is within the range of likely outcomes by the end of this century.

In my area, Chichester District Council is doing well to tackle the symptoms, if not the cause. It maintains the majority of the populated open coastline that stretches from Emsworth to Pagham. The council has shoreline management plans in place for each stretch of its coastline. Its work is highly collaborative and transparent, and by working with local stakeholders and the Environment Agency, it ensures that its work benefits the area’s economy, community and ecosystems.

[Sir Henry Bellingham]

My local council has similar policies in place, but there is a real problem coming down the track with the disappearance of the revenue support grant. When that goes, there will surely have to be some form of top-slicing or maybe a ring-fenced precept for local authorities such as my hon. Friend’s and mine.

[Gillian Keegan]

I agree. My local authority is very concerned by negative RSG, not just the disappearance of RSG. Negative RSG would mean having to pay more to support other areas.

The council’s collaborative work has achieved high levels of third-party investment and led to better coastal protection. My hon. Friend is right that we need to properly fund our coastal areas. At East Head and at Pagham harbour, coastal advisory groups run the UK’s only two active management sites. Both sites have a highly dynamic coastline, so predicting erosive and flood patterns can be very challenging. Active management involves long-term monitoring and observation to ensure interventions are effective and in tune with the natural processes.

The regional coastal monitoring programme, based in Southampton, is key to that process, providing data on waves, tides and the changing nature of the coastline. Armed with that data, the group can make decisions on interventions such as replacing or removing failing structures or replenishing beach sediments. Such is the success of the programme that natural changes at Pagham since 2016 have removed the threat to residents in the short term and introduced an intertidal wetland habitat that is now a Royal Society for the Protection of Birds nature reserve.

The council receives a grant of £250,000 a year. That funding allows it to protect people, business and habitats. Over recent years, the Environment Agency has invested a further £30 million as part of its flood and coastal erosion risk management at Medmerry, where the UK’s first managed realignment site is ongoing. West Wittering, where erosive processes are mitigated to maintain the beach, attracted around 800,000 visitors last year, driving the local economy and simultaneously helping protect the internationally important saltmarsh environment sheltered by East Head spit.

There is still significant concern in my area, however. In the long term, the council has warned that highly populated areas such as Selsey, Bracklesham and East Wittering will eventually require significant investment.

--- Later in debate ---

[Sir Hugo Swire (East Devon) (Con)]

In following the hon. Lady’s speech just now, I am not certain as to which is eroding more quickly: the coastline of Scotland or support for the increasingly incompetent SNP Administration in Edinburgh.

I want to confine my remarks to a particular part of my constituency, one of the jewels in the crown of East Devon: Sidmouth, a regency seaside town well known to my hon. Friend the Minister. Sidmouth is at the gateway to the Jurassic coast world heritage site, and a large part of the town is in a conservation area. For years now, I have been working with various bodies and individuals in the town—not least the local councillors, Councillor Stuart Hughes and now Councillor Tom Wright—to try to resolve what has become an increasingly difficult problem, particularly for the residents of Cliff Road, overlooking Pennington Point, which has seen erosion year on year. Indeed, earlier in 2018 it was widely reported in the national press that Cliff Road was one of the most endangered roads in the UK, owing to coastal erosion.

We are very dependent on the south-west coastal path in Sidmouth. We have replaced the Alma bridge, but the various different schemes have gone on for too long. Over the years I have had Sir James Bevan, the chief executive of the Environment Agency, down to see the erosion. Andrew Sells, who is in charge of Natural England, has been down. I even had my right hon. Friend the Member for North Shropshire (Mr Paterson), who was then the Secretary of State for Environment, Food and Rural Affairs, come and look at it.

There are two issues at stake. One is the complexity of trying to get a satisfactory solution. It is a complicated engineering issue. Many different bodies are involved in the steering group: East Devon District Council, Sidmouth Town Council, local fishermen, the Environment Agency, Devon County Council, the National Trust and the Cliff Road Action Group. All of those groups have a rightful interest, but that has delayed the implementation of a scheme that can arrest the erosion that we see year on year.

The new scheme, the preferred scheme, for the Sidmouth beach management plan would see a new groyne wall installed on East Beach and a plan to raise the splash wall along the promenade. I am extremely nervous about the prospect of raising the wall along the promenade because we have seen what happened in the neighbouring constituency of Tiverton and Honiton: one can drive down the esplanade in Seaton and not actually see the sea. We would not want that replicated in Sidmouth. This part of the £9 million project would last around 100 years.

We now have a funding issue. East Devon District Council needs to raise £3.3 million, with the rest hopefully being secured from the Environment Agency. Work would begin in 2019 and be completed in 2020. When we look at the areas we can raise the money from, we see that we are left with either a local levy, the district council, Sidmouth Town Council, South West Water, local charities, visitors, East Devon housing, and residents. I humbly submit to the Minister that it is not satisfactory to try to leave a small local authority with a funding gap that will prevent the scheme from being realised.

[Sir Henry Bellingham]

My hon. Friend is being incredibly generous in giving way. My local authority has similar problems, but it faces a structural funding deficit. The Minister’s Department and the Ministry of Housing, Communities and Local Government must consider making some form of ring-fenced precept available to local councils, and perhaps there should be more contributions from town and parish councils inland.

[Sir Hugo Swire]

I agree with my hon. Friend that it is almost impossible to ask local authorities for large amounts of money to fill the gap because they all operate under very strict financial constraints now. Such schemes should not be held back by relying on the local authority to make up the difference, so I ask the Minister whether Bellwin can be extended. Can my residents of Cliff Road, who have found it impossible to get mortgages and increasingly difficult to get insurance as they see their gardens disappear, get a compensation package?

I hope that the whole area can be dealt with quickly. We need a masterplan for the whole Port Royal area along the esplanade, but there is no point in doing that until we have secured the Pennington Point and rock revetment scheme, because that would threaten the sewage works in the area, which could in due course flood the entire town.

I do not want to delay the debate unduly. The Minister is welcome to come to Sidmouth at any time to see the situation for himself. We are almost there now. This has gone on for so long. The scheme must be implemented. We cannot wait any longer. We have got people onside. We have got everything lined up now. I pay tribute to all those who have got this far, but we have a funding deficit and I ask the Minister to be creative in looking at the compensation issue for the residents of Cliff Road and also in helping with the funding that we need to get the scheme under way.

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.