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

(5 years, 6 months ago)

Commons Chamber
Read Full debate Middle Level Act 2018 View all Middle Level Act 2018 Debates Read Hansard Text Read Debate Ministerial Extracts
Kevin Foster Portrait Kevin Foster
- Hansard - - - Excerpts

I thank the Minister for her intervention. Yes, that is partly why Lords amendment 7 allows an ability to provide some charge for a more commercial operation. It could perhaps be a block charge to British Canoeing for those who are using the waterway, so that people pay a membership fee to British Canoeing before they are able to use particular waterways rather than paying individual fees to each individual operation. I see some nodding from those in the Under-Gallery. It is about trying to avoid a situation where a person with a canoe finds themselves having to register as a boat user to get on the water and pay a fee as if they were a large operation. They will not be completely barred, but they will be in a different charging regime from the standard one for the major pleasure boats and crafts using the waterway.

As the Minister will be aware, the current system of regulation means that fairly large pleasure and commercial boats can use the Middle Level with absolutely no charge at all. That is severely hindering its development and opportunities. Most worryingly of all, the current legislation does not provide for a modern system of safety regulation. This Bill does, hence why the commissioners are very keen to get it in place so that they can ensure that there is a modern and recognisable standard of boat safety on the Middle Level.

Bob Stewart Portrait Bob Stewart (Beckenham) (Con)
- Hansard - -

Could I be quite clear about this, because I am slightly worried? There is no question, is there, of a family taking a canoe out having to pay when they go on these waterways? That would seem excessive.

Kevin Foster Portrait Kevin Foster
- Hansard - - - Excerpts

I thank my hon. and gallant Friend for his intervention. The Lords amendment that I have just briefly covered is designed to deal with some of those concerns. It would be quite common on other waterways to have a system whereby if someone was a member of the British Canoeing Society, that membership fee would cover the cost. The commissioners may also put in place some restrictions regarding, for example, children wearing life vests. I think most of us would feel that that would be a sensible form of regulation on the waterway.

The general intention of the Lords amendment is to recognise that the Middle Level is a key part of the local community. Many use it informally. Although we need to bring in a form of safety regulation, it is not intended to bring that into the main scheme, although, as on other waterways, there might be a requirement to be a member of a recognised organisation that then contributes to the upkeep of safety equipment and other areas. There would then not necessarily be an additional charge to go on the Middle Level.

Lords Amendments 2, 3 and 4 deal with some of the issues that were raised on the membership of the navigation advisory committee and how it would work. Lords Amendment 2 would be familiar to anyone who has served on a local authority, with the idea that one should declare any personal interest or any matters that would be relevant to one’s decisions. Some of the petitioners raised a concern that the navigation advisory committee must fairly represent the users. In essence—the promoters may not thank me for saying this—it should not be the case that, for example, the commissioners’ mates or one particular group end up finding themselves on the navigation advisory committee.

However, the promoters were happy to accept the idea that relevant interests should be declared and that there should be clear processes for how that works. I do not think that any of us would see it as unreasonable that someone appointed to a representative body should declare to those they are representing what potential interests they may have that are relevant to their position on, in this case, the navigation advisory committee. They would not have to give a life story of their entire business affairs, but they would certainly have to declare anything that was relevant to their being on that committee—for example, what their interest is in the Middle Level, what they are doing there and how their business might operate. Those using the waterway for navigation could then satisfy themselves that there was a broad range of people represented there.