Middle Level Bill

Debate between Lord Bellingham and Kevin Foster

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.