Middle Level Bill

Debate between Fiona Onasanya and Kevin Foster

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

[Kevin Foster]

Clause 4, as amended, means that incomes can only be used for navigation purposes. Ultimately, this becomes a chicken-and-egg situation: money will have to be raised if the commissioners are to provide the type of facilities people want on the Middle Level in consultation with navigation users. The alternative is to ask those who are paying for drainage to pay for those facilities to be provided initially via their council tax bills, which seems neither fair nor equitable. This cannot be a money-raising exercise. The purpose of any moneys raised by navigation must be absolutely clear. People are already paying for drainage via council tax and a levy.

[Fiona Onasanya (Peterborough) (Lab)]

Would the historical public right of navigation and extending the powers to privately owned waters and marinas give the Middle Level Commissioners complete control and enable them to charge boats licence fees?

[Kevin Foster]

An amendment was made in Committee making it clear that the powers would not be extended to someone who owns the waterways and the frontage of a property. The promoters have confirmed that the owners of the marinas wish to be included in the powers of the commission. There is no specific definition. We are not talking about a lock or a quay; we are talking about an open waterway. The aim is to manage it as a whole system, with registration applying throughout, and without different safety standards or insurance requirements. That should benefit the hon. Lady’s constituents.

Amendment 1 would extend the time between the passing of the Act and the date on which it would come into effect. A 12-month transition period applies to many of the provisions relating to construction and use, but it does not make sense to delay all the provisions—such as the commissioners’ new duty to have regard to the interests of boat dwellers—to that extent.

Let me now deal with amendment 2. My hon. Friend the Member for Christchurch asked where the words “any other offensive” had come from. The wording is actually similar to the requirements under the Environment Agency’s powers to control discharges into water for works purposes under section 163 of the Water Resources Act 1991. It is a well-established definition, and I hope that that will reassure my hon. Friend.

My hon. Friend said that amendment 3 was a probing amendment. Adding a reference to electric vehicles to a provision that also includes vehicles under sail does not take into account the direction in which technology could well move. Electric motors are becoming much more powerful, certainly far more powerful than a sail vessel. However, as I have said, my hon. Friend did say that this was a probing amendment.

The promoters would find amendment 4 unacceptable, because it would potentially remove the need for a static vessel to meet construction and safety standards or insurance requirements. I think that, given the issues that we have been debating over the past year, few of us would consider it sensible for those requirements not to apply to houseboats.

Amendment 5 would extend the commissioners’ powers in quite an odd way, and could require them to dig out virtually every watercourse in the area that is not a navigable course. It suggests the idea of a sort of waterway statutory off-road notice. This has already been taken care of by a change that was made in relation to boats that people own that are on their own property and used only by them. Parking a boat in a marina, for example, would be the equivalent of parking it in a public car park.

I made a point about amendment 6 in an earlier intervention. As was pointed out by my hon. Friend the Member for Shipley (Philip Davies), replacing the words

“appear to the Commissioners to be (taken together)”

with the word ”are” could allow a challenge over who had been appointed if someone felt that an appointee did not represent them. I do not feel that that would be an appropriate or helpful addition to the Bill. Such a challenge to the advisory committee could potentially frustrate its establishment.

I oppose amendments 9, 16 and 22 because the point of introducing a practical power is to provide for a simple registration plate that can be enforced. Getting into an argument about whether a boat has been used or not seems neither sensible nor appropriate, particularly if we are talking about looking to have basic construction and safety standards and insurance standards. In exactly the same way as if we park a car on a public road, it does not matter whether we are driving it or not as it still needs to be roadworthy and have paid vehicle tax. There are therefore similar precedents in other areas of legislation, so again I suggest that these amendments are both unwelcome and unnecessary.

As for amendments 10 and 11, the Bill makes it clear how the income from navigation will be used to fund benefits for navigation so, again, neither of them is necessary. On amendments 12 and 13, it does not seem unreasonable to allow commissioners to set conditions on the use of facilities such as, for example, cleaning showers and not abusing waste facilities. Indeed, it could undermine the purposes of providing those facilities if they were not able to provide a basic regulation system for how they were used, which is common in many other environments.

On amendment 14, I appreciate the passion of my hon. Friend the Member for Christchurch for ensuring that disabled people have a strong voice in this Chamber, along with my hon. Friend the Member for Shipley, who is a passionate advocate of equalities, hence his membership of the Women and Equalities Committee. However, this amendment is flawed as it refers to a register of disabled persons when that register was abolished by the Disability Discrimination Act 1995, so again I suggest it would not be sensible to bring that in.