Middle Level Bill

Christopher Chope Excerpts

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

[Kevin Foster (Torbay) (Con)]

I beg to move, That the Bill be now read a Second time.

It might be helpful for the House if I give some background to the Bill and set out the reasons why it is before us. The first point—

[Mr Christopher Chope (Christchurch) (Con)]

Will my hon. Friend give way?

[Kevin Foster]

I will make some progress and then I will happily give way.

For those not familiar with the Bill, the first thing is to ask, “What is the Middle Level?” The Middle Level is the central and largest section of the Great Level of the fens, which was reclaimed by drainage during the mid-17th century. The area is bounded to the north-west and east by the Nene and the Ouse washes, to the north by the previously drained marshland silts, and to the south and west by low clay hills. The Middle Level river system consists of over 120 miles of watercourses, approximately 100 miles of which are statutory navigations, and has a catchment of just over 170,000 acres. Virtually all the fenland within the Middle Level catchment lies below mean sea level.

The Middle Level Commissioners, together with the local internal drainage boards, therefore operate a highly complex flood protection and water level management system to balance the various water uses and requirements, and to alleviate the risk of flooding of land and properties. The efficient operation of this system is vital to the safety and prosperity of the 100,000-plus people who live and work in the area and the 26,000 properties that depend on it. But for the operations of the commissioners and the local boards, much of the fenland would be underwater for a lot of the year, access from higher ground would be cut off, and many of the current land uses would be impossible.

[Kevin Foster]

My understanding from the promoters of the Bill is that it is about the framework for the management of the levels and the waterways, rather than specific developments or projects. If the commissioners decided to pursue such things, they would have to go through the usual process to get permission. Given the historical nature of some of these sites, that could involve an extensive consideration of archaeological impact.

[Mr Chope]

Now that my hon. Friend is taking interventions, may I ask him what his status is? He is telling us about the Bill and the location with which it deals, but his constituency is nowhere near the affected area. Why has it not been possible for the promoters of the Bill to find a local MP who is sympathetic to it?

[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.

--- Later in debate ---

[Kevin Foster]

My hon. Friend shows his exceptional knowledge of his constituency and the assets that support it. He is right. Fundamentally, as I will come on to say when I talk about the regulatory framework, the waterways in question were built as a drainage system, but they have gone on to be used by pleasure boats and other vessels. One of the reasons why the Bill is necessary is because some of the uses were not envisaged at the time of the 1862 Act. Clearly motorboats did not exist at the time, and the concept of canal usage was very different.

[Mr Chope]

Will my hon. Friend give way?

--- Later in debate ---

[Kevin Foster]

I will respond to those comments when I come on to the petitions. However, I agree with my hon. Friend: clearly nobody wants to pay extra charges for the same facilities, but if we do not change the legal framework, those using the Middle Level for drainage are being asked to pay for facilities for those using it for navigation, making it very unlikely that facilities will ever be developed. These things need to go hand in hand. When I move on to the petitions, I will say a bit more about the commissioners’ views about the facilities that people who are required to pay should expect in exchange.

[Mr Chope]

Is it right to say that the consultation took place at the same time as the EU referendum, the outcome of which we are celebrating today? Is it also right to say that, for example, the March cruising club, whose headquarters is almost opposite the commissioners’ offices, was not consulted, and that other petitioners were not consulted either?

[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.

--- Later in debate ---

[Wendy Morton]

I am grateful to the hon. Gentleman. When I am out on the waterways, I certainly notice stretches with a lot of litter and debris. Every user of our canals, whether on the water or walking, has a duty to play their part in collecting litter, and we need provision for places where it can be placed.

What is particularly interesting about the Bill is that the commissioners currently have no navigation income. Any navigation works must be subsidised by those who pay a drainage levy. It is the largest navigation authority in the country without a navigation income.

[Mr Chope]

Will my hon. Friend give way?

[Wendy Morton]

I am about to conclude, so I will continue because I am mindful of the time pressure.

The Bill is needed because it will aid the Middle Level Commissioners in becoming—this is crucial—a sustainable navigation authority with the proper powers to manage a 21st-century navigation, which is the in the interests of those who use it and those in the local area.

[Mr Christopher Chope (Christchurch) (Con)]

This debate would not be taking place if I had not blocked the Bill from going through on the nod on Second Reading. We have already heard about the benefits of having a proper Second Reading debate on a private Bill. Having spoken to some of the petitioners on the telephone, I point out that the Bill’s promoters have a serious responsibility to engage with those who take a different view or have concerns about its contents. One petitioner told me there has been no contact whatever from the authorities.

It is easy to talk about the Bill going to an Opposed Private Bill Committee. I have no objection to the Bill having a Second Reading, but it is important that it goes to an Opposed Private Bill Committee after there has been an exhaustive discussion between the petitioners and the promoters, rather than the Committee being used as the forum for that discussion, because the private Bill procedure in Committee is expensive and potentially adversarial. I wish that there had been more discussion between the promotors and the objectors.

[Kevin Foster]

When he intervened on my speech, my hon. Friend cited the example of the March cruising club. I have asked for clarification, and I am advised that the club was written to and telephoned but, sadly, there was no reply. A petition would allow further communication, but I have been advised that there was no reply to the consultation. I fully agree that there needs to be such engagement, as well as a formal Committee session.

[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.

[Mr Jackson]

Does my hon. Friend agree that there is confusion about the duties and responsibilities of the authority as between navigation and dredging under the Bill? That needs to be clarified when the Bill goes into Committee.

[Mr Chope]

Again, that is a good point, and it has been raised in several of the petitions.

Mr Moore expresses another concern, in stating that he

“objects to Clause 8(3) because the wording follows that of the contentious British Waterways Act of 1983, section (8), which has led to years of litigation as to its effect, whereas the wording of the similar clause in the Environment Agency (Inland Waterways) Order 2012 section (16) is far superior, and allows for no such ambiguity and potential attempted and unwarranted extension of powers. The wording ‘without lawful authority’ is also wholly inapplicable to refer to boats on public navigable waters, when the right to be on the waterways derives from the public right, and the proposed provisions for registration of boats does not change that. This was the burden of Environment Agency submissions in a recent case on the Thames, which was, in my submission, correct”.

So he thinks that as worded, clause 8(3) would not only be against the expressed policy of the Environment Agency, but

“would be unenforceable and ineffectual in law, contrary to the expectation of the Commissioners, and prejudicial to the rights of boaters.”

I hope that even if nothing else is sorted out in Committee, those issues raised by Mr Moore will be.

As we have heard, a petition has also come from the March cruising club, which has been submitted by Mr Harwood, the club harbourmaster. Apart from complaining about the inadequate consultation, he raises a number of issues. Following on from the history that has been outlined by a number of the participants in this debate, he says:

“Pleasure boats have had free navigational access to the Old River Nene, which forms a large navigational section of the Middle Level, from before 1215 protected by Magna Carta and many subsequent statutes and Royal Commissions. There are even Roman transcripts describing navigation along the Old River Nene as early as the 4th Century during the Roman occupation. The Old River Nene is a natural river and a Public Right of Navigation has existed since Time Immemorial and was first codified in the Magna Carta of 1215.”

[Kevin Foster]

I am not sure whether my hon. Friend is aware of the preamble to the Nene Navigation Act 1753, which describes the ancient navigation as

“being, at all times, extremely tedious, difficult and dangerous, and very frequently altogether impracticable”.

[Mr Chope]

I do not quite know what point my hon. Friend is making, because he is referring to a preamble to a piece of legislation—of course that is not an Act of Parliament. I am not sure that what he says undermines anything I have been saying in citing the submission of the March cruising club. I am sure that when the promoters engage properly with that club, they will be able to explore that issue further.

One other point made by the cruising club, which contradicts a number of assertions made in this debate, is that the commissioners already have the power to charge boats for the use of their waterways, but what they do not have is the power to charge pleasure boats. If there is a shortfall of £178,000 of unfunded expenditure, as has been alleged, there is nothing to prevent the commissioners from charging vessels that are not pleasure boats, or indeed charging for other activities. That would be consistent with the historical rights of pleasure boat owners to use the navigation without charge. The club goes on to say that the Middle Level is basically a “network of navigable drains”, so it is in a completely different category from some of the comparators that have been cited in support of the Bill by its promoters.

The club makes several other points in its submission, one of which was echoed by my hon. Friend the Member for Peterborough (Mr Jackson). It objects because

“the Bill contains no obligations under which the Commissioners would be duty bound to provide an adequate depth of water for navigation; dredging; maintenance or any facilities to boaters. Essentially, boaters would notice nothing positive, but would be subject to legislation that would: force them to pay a fee to register; pay annual licence fees; be a criminal offence to use the navigation without a licence; be forced to display a registration number; restrict access during certain times of the year; have the risk of being refused a licence and appealing the decision in a Magistrates Court. There are no advantages for boaters in return. This will destroy the Middle Level navigation and the boating community.”

There are several other detailed points in the submission, but I shall not cite them all.

Unless the issues I have described are resolved amicably between the petitioners and the promoters, the Bill will have a pretty slow passage through the House, because I am sure Members will not wish to impinge on the rights that individuals have enjoyed for many years unless there is strong justification.

Another petition comes from Mr John Hodges, who describes himself as a “member of the public” and a

“homeowner with mooring on the banks of the Middle Level”.

He says that the proposals will “directly and specially affect” his rights. That is an indication of another category of objector.

There is also a petition against the Bill from somebody called Derek Paice, whose submission describes him as living

“on a narrowboat (which, since it is not a ‘commercial boat’, most fits the description of ‘pleasure boat’ in the Nene Navigation Act 1684) on the Middle Level and this has been his home since 2011. This was the only available and affordable option after losing his home of eight years when his father died.”

His submission alleges that

“the proposals contained in the Bill will directly and specially affect his rights and interests, including allowing the commissioners new powers to seize his home and sell it on for less than its value, effectively making him homeless, destitute and an additional cost to the state.”

Mr Paice’s submission goes on to say that the Bill

“contains no protection for the homes of people who, like him, live on their boats.”

Indeed, that theme was picked up by Pamela Smith from the National Bargee Travellers Association, who said that people who have lived and worked on boats for many years but who do not have moorings feel threatened by the proposals. She estimated that between 10,000 and 25,000 people—not just in the area of the Middle Level, but throughout the United Kingdom—live on boats but not at a fixed mooring. They are a different sort of itinerant community, and she feels that they will be very much discriminated against by many of the proposals in the Bill. Those concerns are echoed by other petitioners.

Clause 9 proposes giving the commissioners more powers to make byelaws, but those commissioners already have adequate byelaw-making powers under the Middle Level Act 1874. Under the clause, the commissioners are seeking the authority to examine people’s homes, which, in most cases, amounts to an unwarranted, unnecessary invasion of personal space. There are statutory bodies, including the police, with the authority to enter people’s homes under appropriate circumstances. Requiring boaters to surrender their right to privacy as a condition of being granted a licence to navigate is unreasonable and intrusive.

There are quite significant attempts in the Bill to impose on the rights of individuals. I noticed that when the Minister gave her certification in relation to the Bill’s compliance with the European convention on human rights, all she said was that she had no reason to suppose that the assertions made by the promoters were incorrect. I am not sure whether we can be satisfied that the Government have yet explored the issues relating to human rights for their own purposes so that they can assure us that, in their own view—not just the view of the promoters—the Bill is fully compliant with the law on human rights.

My hon. Friend the Member for Peterborough has already referred to the petition from his constituent, Christopher Taylor, so I will not refer to it again. I have referred briefly to what Pamela Smith has said on behalf of the National Bargee Travellers Association. That organisation has put in a major objection to much of the Bill. It has more than 700 members and four local groups and represents the interests of an estimated 15,000 to 30,000 bargee travellers in the United Kingdom. A significant number of members of the association either live permanently on the Middle Levels or use the waterways regularly. It is therefore a matter of great regret that there has been no proper discussion with the bargee travellers on the very important issues in the Bill, and I hope that that will remedied sooner rather than later. The association says that many bargee travellers use the Middle Levels as a transit route between the East Anglian waterways, such as the River Cam, the Great Ouse, or the Wissey, and the rest of the inland waterways. There is no other inland waterway route, and there would be no choice for them but to be bound by the proposed terms and conditions and to pay the proposed charges.

I am not very familiar with this part of the fens, and, apart from having visited other people who have a narrow boat, I am not familiar with this type of recreational boating. However, I am familiar with the sort of recreational boating that happens in my own constituency of Christchurch. All I can say is that if my constituents were faced with some of the regulations and powers to invade their privacy that are proposed in relation to the Middle Level of the fens, they would be outraged indeed. We have a large number of boats moored on the River Stour in Christchurch, and they do not all have names on them. People certainly do not have to give their name and address to some passing enforcement officer.

It seems to me that a lot of the Bill should be removed before it comes back for further consideration on Report. I hope that detailed discussion, consideration and scrutiny in Committee will have that consequence and that we will be able to look back and say, “This has been a worthwhile exercise, because a not very good Bill has been much improved as a result of proper scrutiny.”

I am not going to speak at length on this occasion, but I and my hon. Friend the Member for Peterborough are concerned that the rights of the petitioners should be heard in this great home of democracy.

Middle Level Bill

Christopher Chope Excerpts

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

[Sir Christopher Chope (Christchurch) (Con)]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Dame Rosie Winterton)]

With this it will be convenient to discuss the following:

New clause 2—Requirement to provide specified facilities at Stanground Lock and Salters Lode Lock.

New clause 3—Requirement to provide specified facilities in March.

New clause 4—Requirement to provide specified facilities and moorings.

New clause 5—Removal of power to charge before specified facilities and moorings provided.

Amendments 1 to 26.

[Sir Christopher Chope]

The background to new clause 1 is the principle of quid pro quo, because the petitioners are concerned that new charges and obligations are being brought in without their getting anything in return. Before I expand on that, I should say that all the new clauses and amendments are grouped as one, so we are effectively discussing the Bill as a whole. I think that every part of the Bill is included in one or other of the amendments.

[Kevin Foster (Torbay) (Con)]

indicated assent.

[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.

[Philip Davies (Shipley) (Con)]

I apologise to my hon. Friend for missing his opening oration. Can he tell me how many times this water is not maintained to this depth? Are we dealing with a solution looking for a problem or is this a genuine problem?

[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.

--- Later in debate ---

[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 ---

[Philip Davies]

I particularly support new clause 5 and struggle to find a reason why anyone could not, because it seems to be only fair and proper. Has my hon. Friend had any discussions with the Bill’s sponsor or the people behind it to find out whether they think it is a common-sense clause that they would accept or, if not, what logical reason they have for not accepting it?

[Sir Christopher Chope]

We have not yet reached that stage. That might be my fault, because I have not sat down with the Bill’s promoters to discuss these issues in detail. I understand that there was quite a lot of discussion of such issues in Committee. For the reasons that I have set out, the petitioners are still unhappy and feel that there should be a new clause to incorporate this provision.

[Kevin Foster]

I am finding my hon. Friend’s speech of some interest. He might be interested to know that clause 4 was amended in Committee to make it clear that revenue from navigation would be spent only for navigation purposes. That was done specifically in response to the petitioners’ concerns, to ensure that they could be confident that, although they are currently getting something for nothing, they will get something for what they pay—the navigation fees will go on navigation facilities and costs.

[Sir Christopher Chope]

I am grateful to my hon. Friend for his intervention. We will come to clause 4 and the amendments to it later. I shall say nothing other than that the petitioners and I were pleased that clause 4 was introduced in Committee in response to the concerns that were expressed. As I mentioned at the outset, just because it was introduced at that stage, that does not mean that it is perfect, which is why we are dealing with these new clauses and the amendments to clause 4, to which I shall come in due course and in order, because it is much easier for people to follow proceedings if people start at the beginning and go through clause by clause.

[Philip Davies]

Does my hon. Friend agree that if new clause 5 is not accepted, that would effectively mean that people think it would be fine for the charges to be made but the facilities not to be in good repair and working order? That would clearly be intolerable—[Interruption.]

[Sir Christopher Chope]

I hear my hon. Friend the Member for Torbay, who speaks on behalf of the promoters, saying from a sedentary position that my hon. Friend the Member for Shipley (Philip Davies) is wrong about that. Let us wait until we discuss clause 4, which was introduced in Committee, to see whether we can tease out a little more information on all the implications.

Amendment 1 basically says that the time given between the Bill obtaining Royal Assent and being implemented is unreasonably short. The period is currently specified as only 28 days; it seems to me that it would be reasonable for it to come into force six months after the day on which it was passed. I would not say that it is the most important of the amendments, but it would be interesting to hear why the promoters do not think that that is a reasonable position to have. We know that, under the provisions of this Bill, some byelaws will have to be drawn up. That does not mean that work on the byelaws cannot start in advance of the Bill being passed into law—a period of six months will then need to be left for the Bill to be implemented—bearing in mind the fact that we are dealing with a lot of lay people who will probably need quite a lot of notice of the changes that will have to be made under the provisions of this Bill.

Amendment 2 is, in a sense, a drafting amendment. As we get a definition of “polluting matter” under clause 2, it seems much easier to keep it as an objective test. I have no quarrel with defining polluting matter as

“sewage or any other injurious matter, whether solid or liquid”.

We will not let our imaginations run riot on that. What I find more difficult is what is meant by the word “offensive”. What is added by including that word? Essentially, what is offensive to one person may not be offensive to another, and it is a subjective test. I would be interested to know from my hon. Friend the Member for Torbay what that subjective test adds in that particular part of the clause on polluting matter.

Let me turn to amendment 3. I am going through these amendments quite quickly, because there is no need to spend a lot of time on amendments to which there should be a short and succinct answer, saying, “Yes, I agree with my hon. Friend, these are good amendments and we will be happy to incorporate them in the Bill.”

Amendment 3 is more of a probing amendment. We are in the new age of electricity, and the definition of power-driven vessel here includes

“any vessel propelled by a detachable outboard engine”

but it does not include a sailing boat, a rowing boat or a canoe—fine. However, now that we have a new generation of electric motors, why do we not introduce in a Bill such as this an incentive for people to use electric power on these waterways? Obviously, electric power is much less polluting and better for the atmosphere. If it is as quiet as many of these new cars seem to be, it will hardly disturb anybody, as the boat, powered by an electric motor, glides down the route of the navigation. I am interested in hearing the thoughts of my hon. Friend on that.

Indeed, in recognising the Minister for Agriculture, Fisheries and Food on the Front Bench, who has come along to help us in our deliberations, I could perhaps say that this is an issue for the Government. Perhaps the Government might be interested in thinking about introducing some sort of incentive for the use of electric motors rather than outboards. I know that a lot of my constituents would be very happy if there were more electric-driven vessels rather than power-driven vessels. This could open up a much larger issue, but why not start raising it now on the first occasion today?

That takes me on to amendment 4, which is about the “use”. Are we talking about the use of vessels? The Bill says:

“‘use’ in relation to any vessel on a waterway, includes launching the vessel onto the waterway, keeping or mooring it on the waterway”.

I have no quarrel with the rest of it, which is

“navigating it on the waterway, and letting it for hire on the waterway”.

There seems to be a lot of concern about what happens when people have a vessel that is kept at the side of the waterway or even in a marina, or is used as a houseboat. Are we really saying that that amounts to using the vessel on a waterway? Under this definition, it would amount to using the vessel on a waterway and that does not really seem to be common sense. Surely using a vessel on the waterway means actually using it—navigating it and letting it for hire on the waterway—but it does not include keeping or mooring it on the waterway.

Amendment 5 is a more extensive version of a similar concern that has been raised by a number of the petitioners. They say that the amended definition of waterways, compared with the definition before the Bill was in Committee, is a

“move in the right direction”,

but that

“it still serves to extend the jurisdiction and control of the Commissioners into privately owned property (such as marinas), which will usurp the rights of property owners to decide who and which boats can use the water over their land.”

The petitioners feel that this is an

“unwarranted interference with the rights of private citizens”,

and that, at the very least, there should be a provision for boat owners whose vessels remain permanently in the marina to make an off-the-water declaration—a sort of waterways statutory off road notification—so that they are no longer liable for the charges. In fact, that is a very good analogy. If individuals do not use their motor vehicle on the road, they do not have to pay road tax, so if people are not using their houseboat on the water, why should they have to pay these charges? That issue could be resolved by having a narrower definition of waterway, which is what amendment 5 would do.

Lines 11 to 18 of clause 2 say that

“‘the waterways’ means the waterways in respect of which the Commissioners are the navigation authority…including…the waterways set out in…Schedule 1”—

what we would all understand as the waterways—

“water control structures…or…the banks of, those waterways; and…any watercourse in the Middle Level”,

which is obviously what this Bill is about. However, I do not see why that should include a lake, pit, pond, marina or substantially enclosed water adjacent to those waterways and from which any vessel may be navigated, whether through a lock or into the waterways themselves. If a vessel is navigated into the waterway, it is in the waterway and is liable under the provisions of this Bill. But if it is not navigated in there, it does not seem relevant to say that it could be navigated. One way of reducing the scope of the definition of “waterway”, about which the petitioners remain concerned, would be to support amendment 5.

I turn to amendment 6 to clause 3—a clause that was introduced as a result of the work done in Committee. The clause establishes a navigation advisory committee, and the petitioners are very pleased about that, but they also think that it needs further definition. That is not a criticism of the people who tabled the amendment. However, given the way that we deal with legislation in our two Houses, sometimes an amendment can be improved when further considered.

--- Later in debate ---

[Kevin Foster]

I thank my hon. Friend for the points that he is making. However, does he agree that the slight danger with this amendment is that it would say that the persons are representative of all the interests, when the whole point of a representative committee would be to have people who represent different interests, just as we in this House all represent different constituencies even though we have the same duty as Members?

[Sir Christopher Chope]

My hon. Friend makes a brilliant point, but it is nothing to do with this. It is not a question of what the persons are representative of, because that is spelled out, but a question of whether they are representative of the groups listed or appear to the commissioners to be representative of them. It should be quite easy to establish whether somebody is representative of these interests rather than appearing to the commissioners to be representative of them.

[David Linden (Glasgow East) (SNP)]

On a point of order, Mr Deputy Speaker. I had intended to make this point of order when the hon. Gentleman stopped speaking, but I feel that he might be in the middle of a “Stackhouse filibuster”. Earlier today, Toys“R”Us announced that the company has gone into administration. That has ramifications for the store in Parkhead in my constituency. I have spent the majority of today trying to get in touch with the administrators of Toys“R”Us, with no success. Have you been given advance notice of any ministerial statement tomorrow? How can Members of Parliament do their job if they cannot get in touch with the company to seek security for the staff who work for it?

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

Normally I would not take a point of order at this stage, but as Sir Christopher has only just cleared his throat in making his speech, I recognise that it would be frustrating for the hon. Gentleman not to get in. The matter is on the record now. I have been given no notice of a ministerial statement about the serious issue at Toys“R”Us. I do recognise that you are representing your constituents. I hope that the message has gone out loud and clear that Toys“R”Us should be linking up with the Member of Parliament to ensure that you can represent the rights of the workers there.

[Sir Christopher Chope]

Unfortunately my children and I are so old that they do not benefit from visits to Toys“R”Us, but it is very sad when any long-established business goes into administration.

[Philip Davies]

With regard to whether people are representative or appear to be so to the commissioners, perhaps the commissioners might fear that there could be some kind of legal action on the basis of whether and how someone could be determined to be representative—that somebody might say, “Well, I don’t think these people are representative of X, Y and Z”—and so a qualification was put in to help to get them out of a potentially sticky situation. Does my hon. Friend think that that is why the amendment was worded as it was?

[Sir Christopher Chope]

If I may say so, that is a more plausible explanation than the one being put forward by my hon. Friend the Member for Torbay, but I think we have said enough about that. We will hear what he thinks when he responds to the debate.

I turn to amendments 6, 7 and 8 to clause 3. The petitioners are concerned that the requirement that the commissioners must take the committee’s views into consideration has limited use, because the commissioners could say that they have taken those views into consideration but found them to be of no value. The only remedy for any such failure to take the committee’s views properly into account would then be judicial review, which is strictly time-limited, expensive and hugely unreliable, with historical bias, they think, in favour of authorities. I do not know about that, but certainly they are right in saying that judicial review is a long-winded and potentially expensive way of seeking redress.

In the light of those concerns, I have tabled amendment 7 to clause 3(6), which would mean that instead of the commissioners being required to “take into consideration” any matter, they must “give full” consideration. There is a difference between taking into consideration and giving consideration. If the commissioners gave full consideration to any matter, that would be useful.

To reinforce that point, amendment 8 would add a sentence to the end of subsection (6), which would then say that the commissioners give full consideration to any matter, recommendation or representation which may from time to time be referred or made to them by the committee

“and in the event of not accepting such a recommendation or representation give full reasons for that decision.”

That would provide the sort of protection that the petitioners seek and would strengthen clause 3 and make it an even more effective addition to the Bill.

Amendment 9 to clause 4 would leave out subsection (2). It is in essence a probing amendment, to draw attention to the whole issue of charges and constraints upon the way in which charges can be made, which, as has been said, is a useful amendment to the Bill. I am suggesting that it could be linked more specifically with each of the different uses for which charges will be recoverable.

Amendment 10 would mean that in exercising the power under clause 4(1)(a), rather than the whole of subsection (1),

“the Commissioners must aim to secure that, taking one financial year with another, the income from charges under that subsection does not exceed the annualised costs incurred by the Commissioners in exercising their functions in respect of navigation under the navigation Acts.”

It seems that that relates to the use of any waterway by any vessel. Those would be the charges for the use of the waterway, and they would link in directly with the functions in respect of navigation under the navigation Acts.

I am much more dubious about linking in the reasonable charges for the provision of services and facilities in respect of the waterways and their banks, because they are not separated out from the more general, nor is the requirement for registration of any vessel under navigation byelaws. Those charges should be separately identified and accounted for, and they should undergo this test: taking one financial year with another, the charges under those subsections should not exceed the annualised costs. This is a refinement of clause 4, and I think that it would improve the clause significantly.

Amendment 11 also deals with the annualised issue. The effect of amendment 12 would be as follows:

“The Commissioners may revise, waive or remove any charge fixed under subsection (1)(a), and different charges may be fixed for different cases or classes of case.”

The amendment would extend the commissioners’ discretion, while making sure that it was specific to the different categories of activity for which they can recover charges.

Amendment 13, which is a probing amendment, would leave out subsection (4). I hope that we will hear further explanation of why the commissioners want to

“make the use of the services and facilities referred in subsection (1)(b) subject to such terms and conditions as the Commissioners may specify in writing.”

The most radical amendment that I have tabled to clause 4 is amendment 14, which I hope will find favour with Members from across the House. The amendment would add, at the end of the clause:

“No charge shall be payable in respect of the use of a waterway by a vessel being used by a person who is registered disabled”.

I raise that because there is quite an issue about disability, the use of waterways and the use of powers similar to those sought by the promoters of the Bill. Such powers have been abused on occasions, and disabled people have been severely pilloried and discriminated against. Why should it not be possible to exempt disabled people from these charges?

I have been sent a press cutting dated April 2015 from Wiltshire, where a disabled boat owner who lived on the Kennet and Avon canal faced costs of up to £76,000 as a result of action that was taken against him by the Canal and River Trust. The individual was living on incapacity benefit and disability living allowance. Instead of allowing him to repair his boat over a period of time, the trust strictly imposed the conditions of his licence and required him to vacate his boat, which was also his home. Insult was added to injury by the fact that he was denied legal aid, and he was instead represented by the legal officer of the National Bargee Travellers Association.

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

Order. Sir Christopher, I am just waiting to see how this links in with the Bill.

[Sir Christopher Chope]

It links in with my amendment 14, Mr Deputy Speaker, because amendment 14 would exempt—

[Mr Deputy Speaker]

Order. I am more bothered that this is about the Avon canal and that particular individual, who is not actually on the Middle Level or affected by it. I understand you making a reference, but not in detail.

[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.

[Philip Davies]

That’s a shame.

[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.

[Mr Peter Bone (Wellingborough) (Con)]

My hon. Friend is making a very informative speech. He will recognise that other Members are affected, other than just those from the fens, because the River Nene—or “Nen”, depending on which part of my constituency someone is from—flows into the Middle Level. So this issue is wider than just a local area.

[Mr Deputy Speaker]

This is the Middle Level Bill!

[Sir Christopher Chope]

It is very important that my hon. Friend has been able to put his interest in this subject matter on the record.

Amendment 17 relates to clause 9, which addresses stranded, grounded and sunken vessels and vehicles. The amendment would remove the subsection 3, which states:

“Whenever any vessel is, without lawful authority, left or moored in any waterway the Commissioners may after serving not less than 28 days’ notice on the owner of the vessel, unless it is not practicable after reasonable inquiry to ascertain the name and address of the owner, raise and remove the vessel.”

As set out in the rest of clause 9, it is perfectly reasonable for a vessel that is stranded or abandoned in a waterway and is interfering with navigation to be removed quickly. However, when one takes into account the very wide definition of “waterway”, the inclusion of subsection 3 is potentially oppressive. It could mean that the commissioners could, for example, go into a marina and raise and remove a vessel at considerable cost after no more than 28 days’ notice. The amendment would therefore remove that power from the Bill.

Clause 11 relates to the requirements for registration and incorporates a very important amendment promoted by the March Cruising Club and others on the charges and the amount by which they could be increased in any one year. It introduces a requirement that such charges should not increase above the rate of inflation as defined by the consumer prices index. Many boaters—some may be represented by my hon. Friends here this evening—are not very well-off in financial terms and need to be able to plan their budgets ahead. When they work out the costs of having a vessel on the waterway, they need to have the certainty that the charges levied cannot be increased by more than the rate of the CPI each year. By analogy, the Government have said that council tax should not increase by more than the CPI. They have made some exceptions to that recently, but the general proposition is that they cannot be increased by more than the CPI.

[Mr Bone]

On that point, is my hon. Friend not concerned that the Bill does not state what the initial fee will be? It just says “a reasonable application fee”. Would he not prefer the Bill to state what that fee should be?

[Sir Christopher Chope]

Much as I would like to agree with my hon. Friend, there has to be some discretion, because the fees needs to relate to the powers and duties that will be carried out and funded by them. One of the clauses that we looked at earlier specified that the money for the fees had to be spent on various things, particularly, for example, on navigation.

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

Can I just help a little? In fairness to Mr Bone, he was not here, but you do not need to explain what we have already discussed and we do not need to go back over it. I know that you were not attempting to do so—come on, Sir Christopher!

[Sir Christopher Chope]

Okay, amendment 26 is to clause 15, line 38. The clause, on the protocol of removal of vessels, states:

“The Commissioners must, in consultation with the Navigation Advisory Committee, prepare, publish and maintain a protocol on the use of powers under or by virtue of this Act to remove vessels.”

My amendment proposes to change “in consultation with” to “in conjunction with”, because it seems to me that the Navigation Advisory Committee should work jointly with the commissioners rather than just in consultation with them on this important matter. Again, amendment 25 tries to reduce the powers conferred upon the commissioners under clause 14(4) and how they can be exercised.

As I said at the beginning, this is a much improved Bill, compared with how it was. It has now reached the stage where, because all the amendments have been grouped together, it would not be sensible to test the will of the House on each one—I am glad that you agree with me on that proposition, Mr Deputy Speaker. However, the Bill’s promoters are worried about whether the fact that we are discussing these things in the House today means that they cannot be discussed further when the Bill gets to the other place. My understanding is that when it goes to the other place, there is a fresh opportunity for people to put in petitions, in which they can include whatever they wish to, and I am sure that the other place will build upon the discussions that we are having this evening and have had prior to it, so that eventually, the Bill will be even better than it is now.

[Holly Lynch (Halifax) (Lab)]

I am pleased to respond on the Opposition’s behalf to this opposed private business. Although it might not be the most conventional way to introduce legislative change, and I have heard the detailed reservations of the hon. Member for Christchurch (Sir Christopher Chope), we are none the less satisfied that the Bill makes sense, and our intention is to support the Bill as it stands. Although the Bill is fairly narrow in scope, we acknowledge that it has important consequences for those who will be affected. We are satisfied that due scrutiny has taken place in Committee and is taking place at consideration stage this afternoon.

The Middle Level of the fens was first drained in the 17th century to reclaim an area of farmland in Cambridgeshire and west Norfolk. The Middle Level Commissioners are the navigation authority for the waterways, established through a series of local Acts passed between 1663 and 1874, so we appreciate that the legislative framework underpinning the role of the commissioners is in need of an update. This is not least because almost all the fenland within the Middle Level waterways is below sea level, and if it was not for a complex system of flood mitigation and drainage schemes managed by the commissioners, the waterways could pose a significant risk to the estimated 100,000 people who live and work in the area.

In the simplest terms, the Bill will introduce a registration scheme for vessels in the Middle Level and allow the commissioners to bring in revenue from boat owners that will be used to improve the waterways. The Environment Agency, the Canal and River Trust and the Broads Authority all have similar powers in respect of their own navigations, so in many ways, the Bill is long overdue in bringing the Middle Level into line with its neighbours. Additional income for the commissioners could make a real difference to the fenlands and waterways, and although I appreciate the desire of local boat users for improved facilities on the waterways, as we have heard, the Bill will allow the commissioners to raise revenue to deliver this.

--- Later in debate ---

[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.

[Sir Christopher Chope]

We have had a good humoured and thoughtful debate, and I am grateful to everybody who has participated. I am grateful to my hon. Friend the Member for North West Norfolk (Sir Henry Bellingham), who conceded that some of my amendments were sensible, if not the new clauses. I hope that if they are not accepted by the promoter tonight, they will be taken forward when the Bill is debated in the other place in due course, as it inevitably will be.

The issues we have discussed are of considerable concern to the petitioners. I am very grateful to my hon. Friend the Member for Solihull (Julian Knight) for having got to his feet. It is quite unusual in these debates for the person who has got down to the detail in Committee to come here to explain his reasoning and the work that he did. I thank him and the other members of the Committee once again for the work that they did and the courteous way in which they dealt with the concerns expressed by the petitioners. He has set a useful new precedent: instead of hiding their light under a bushel, the people who get involved in the Committee stage should participate on Report, as he has done.

I am also grateful to the hon. Member for Halifax (Holly Lynch) for showing sympathy with some of my amendments, although she cannot bring herself to support them yet.

I will not press all the amendments in the House tonight, because it will be much better for them to be dealt with in the other place, where the ideas can be developed and the responses from the petitioners and the promoter can be made available. However, I do think that amendment 14 bears further consideration. For the benefit of those who were not here for the debate, amendment 14 is in page 6, clause 4, line 11, at the end to add

“(8) No charge shall be payable in respect of the use of a waterway by a vessel being used by a person who is registered disabled”.

I only got one response on that from my hon. Friend the Member for Torbay (Kevin Foster), whom I thank for having gone through all my amendments seriatim, which is fantastic. He, like my hon. Friend the Member for Solihull, is assiduous in answering the points that have been made. It makes it much easier for someone summing up a debate if they know their points have been answered.

On the issue of disabled people, my hon. Friend the Member for Torbay seized on the fact that “registered disabled” is no longer a category of persons, but this amendment would apply to people who were registered disabled with the Middle Level Commissioners. Obviously, there is a registration system for people who have these boats and it would be able to include provisions as to whether or not someone is disabled, so the technical objection that my hon. Friend raised is not a valid one. If I had used a capital “R” and a capital “D” in my amendment, perhaps it might have been. I hope people will support the amendment on the basis that a lot of people are disabled and face considerable difficulties, and it would be reasonable for all other boaters to be prepared to cross-subsidise those who register with the commissioners as being disabled.

Middle Level Bill

Christopher Chope Excerpts

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

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

It is a pleasure to participate in this debate on this very important Bill. I would first like to pay tribute to my hon. Friend the Member for Torbay (Kevin Foster), who volunteered to take it on. It has required a lot of work and effort. I want to put on record that he has done a quite superb job, handling it with great expertise and enthusiasm. He has made really good progress with what is an important Bill. He would make a very good Minister and this is perhaps a trial run for when he takes his first Bill through Parliament.

I would also like to thank the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard), who has been very supportive. In the process, he has become very knowledgeable about the Middle Levels and, indeed, about many watercourses that are so important to the Fens.

I will be brief, Madam Deputy Speaker. I wanted to put on record those two points, but also to say that I have a constituency interest. My constituency is right at the north-eastern end of the Middle Level, but it encompasses much of the constituency of my neighbours, my right hon. Friend the Member for South West Norfolk (Elizabeth Truss) and my hon. Friend the Member for North East Cambridgeshire (Stephen Barclay). I do have an interest and represent a significant number of constituents who enjoy using the Middle Level and associated waterways. To them, this is a way of life. It is an incredibly important part of their leisure activities, and there are many commercial activities involving boats and pleasure craft, too. The Bill is important to update the way the Middle Level in particular is controlled and managed.

I would like to put on record the excellent work done by the commissioners and the drainage boards. As the hon. Member for Plymouth, Sutton and Devonport pointed out, without the oversight of the fens and without the management of the drainage systems in place—of which the Middle Level is obviously but one of a number—we would not have the incredibly successful farm land or all the other enterprises associated with food production and processing. As he also pointed out, a lot of houses are below sea level and simply would not continue to exist without this management in place. We should pay tribute to and salute the people who do it, very often completely free of charge on a pro bono basis. In addition, many constituents own boats, and from their point of view, having a well-managed system in place with fair and reasonable charging is incredibly important.

To make one specific point, under the new regime it is important that boats that are occupied—where people live on the boats in question—are treated fairly and with a light touch. That is incredibly important, because as the hon. Member for Plymouth, Sutton and Devonport pointed out, many are on relatively low incomes. This is very often not a lifestyle choice, but a choice that has been forced on them. They have contributed a great deal over the years to the whole atmospherics of the waterways in the fens and they should be respected and looked after properly.

I have looked at the amendments very carefully. I was very supportive of the Bill in the first place, but I shared the view of my hon. Friend the Member for Christchurch (Sir Christopher Chope), who is sitting behind me, that it could be improved. Well, it has been improved. All the amendments have been well thought out. They are well crafted and well drafted. We now have a Bill that is absolutely fit for purpose and that can become an Act of Parliament that endures. It is one that my hon. Friend the Member for Torbay can be very proud of, because it will serve my constituents very well in the future. I very much look forward to seeing its success in the years to come.

[Sir Christopher Chope (Christchurch) (Con)]

Is it not good that we are having a debate about these amendments so that comments can be put on the record and people looking at the history of the Middle Level in future can say, “This is what these amendments were about.”? I am very grateful to my hon. Friend the Member for Torbay (Kevin Foster) for introducing and explaining them and putting that on the record, because otherwise this might have gone through on the nod.

My hon. Friend referred to the amendments in such detail, so I shall concentrate on one or two of the undertakings, because they are an equally important part of the process. The undertakings are contained in a letter dated 13 July to Lord Thomas, who was the Chair of the Opposed Bill Committee on the Middle Level Bill in the other place. I shall start with the first undertaking, which states that the commissioners undertake

“to spend at least 25% of the annual income received from charges under section 5 on providing facilities on the Nene-Ouse Navigation Link which meet the current Minimum Standards for the Provision of Facilities for Boaters as published by the Inland Waterways Association, until the standards are achieved on this route; and will maintain those facilities until the Navigation Advisory Committee agrees that they are no longer needed (or an expert appointed to determine any dispute following the procedures set out in section 3 determines that they are no longer needed)”.

As you may recall, Madam Deputy Speaker, that issue took up quite a lot of debate during the Bill’s earlier stages in the House, and the undertaking that has now been given is very important.

I also refer briefly to undertaking (5) on the level of the registration fee for static houseboats, which limits the charges for residential houseboats. Undertakings (7), (8), (9) and (10) relate to the residential mooring strategy, which, again, my hon. Friend referred to briefly. He was saying that it all depends on the local planning authority. I hope that it does not, because undertaking (7) says that the Middle Level Commissioners are undertaking

“to prepare and publish a strategy setting out how they intend to exercise the powers conferred by section 15 with the aim of increasing the availability of residential moorings (including transit and temporary moorings) on the waterways”.

Undertaking (8) sets out

“that the strategy will include details of the steps that the Commissioners will take to…identify potential residential mooring sites to be put to the local planning authority…facilitate applications for planning permission for residential moorings”

and to

“provide residential mooring themselves, subject to obtaining funding and planning permission”.

In undertaking (9), they undertake

“in preparing the strategy, to consult the Navigation Advisory Committee…as well as the local planning authorities, and housing authorities”,

and in under undertaking (10), they undertake

“to keep the strategy under review, and revise…as necessary”.

Those are much more proactive undertakings than one might have thought from my hon. Friend’s summary, and they point to one of the big concerns from the outset, which was that the people using the Middle Level for the purposes of residential occupation felt they could be priced out or discriminated against. The undertakings in the letter, however, which have been incorporated into the amendments, are a significant improvement on what was there originally.

I do not need to undertake an exercise of self-justification. I am pleased to have been able to pursue this debate on behalf of the petitioners, as I can now see the beneficial results.

[Dr Thérèse Coffey]

It is a great privilege to contribute to the later stages of the Bill.

I am conscious that the Bill has been promoted by the Middle Level Commissioners. I am sure they will recognise the importance that Parliament attaches to scrutinising draft legislation that was not part of any party’s election manifesto, and my hon. Friend the Member for Christchurch (Sir Christopher Chope) was absolutely right to ensure that the Bill got the level of scrutiny he gave it. There has been a good response from the other place as well.

I pay particular tribute to my hon. Friend the Member for Torbay (Kevin Foster). In my first Parliament, I took a private Member’s Bill through the House and on to the statute book. It was also on a topic affecting rivers and similar: the Wreck Removal Convention Act 2011. My hon. Friend the Member for Christchurch was key to ensuring my Bill made good progress, and he has done the same during the various stages of this Bill.

The Bill matters because, as my hon. Friend the Member for North West Norfolk (Sir Henry Bellingham) pointed out, this is a really important part of the country, stretching from the area around Bedford through to north-west Norfolk. A mixture of things happen on the Middle Levels that are critical to the future prosperity of that part of the country and for which it is important that people can access our canals. They are our blue lungs, running throughout the United Kingdom, but particularly the Middle Levels. It is appropriate that the amendments, while recognising the need for future investment to ensure that these activities continue, seek to ensure that people who enjoy them do so in a measured and considered way, and as my hon. Friend the Member for Torbay pointed out, there will be appropriate consultation on some of the changes.

I asked the question I did earlier partly to check that other users of the Middle Level would not be able to find a loophole for potential commercial activities simply on the basis of encouraging people into recreation. My hon. Friend the Member for Torbay answered my question very fully, and as he said, there were nods of assent from the appropriate people in the Under Gallery—that is a habit he will have to get used to if he is ever called upon to be part of Her Majesty’s Government. As you will be aware Madam Deputy Speaker, Ministers regularly look towards the Box to check that they are saying the right thing—and of course they always are.

I welcome the support of the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard). It is right that draft legislation that is not about manifestos gets the appropriate scrutiny. I am particularly pleased that, through the amendments to clause 9, we have ensured that the new powers will not prevent any environmental impact, or indeed any navigational impact from, for instance, sunken vessels, from being dealt with immediately. As for matters such as navigation functions, I think that the House has been reassured, and I am sure that it will support the amendments—and the Bill—this evening.

Lords amendment 1 agreed to.

Lords amendments 2 to 20 agreed to.