Middle Level Bill

Lord Bellingham Excerpts

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

[Sir Christopher Chope]

I am grateful to my hon. Friend for confirming that that is the situation. It would therefore be apposite for me to make a few introductory remarks by saying that I, the petitioners and others much appreciate how the Bill’s promoters have responded positively to many of the points that have been made. A series of good points are set out in the promoters’ statement. My hon. Friend the Member for Solihull (Julian Knight), who was an assiduous member of the Committee, is present, and everybody agrees that it is a credit to the House that the Bill has been considered in such detail.

Several points were made on Second Reading, the commissioners responded to them, and some of those responses were reflected in amendments in Committee. When the petitioners had the chance to be heard—I think over three days—many of their points were also accepted. The stage that we are at now is the consideration of the amendments that were proposed as a result of those representations. There are questions over whether the amendments go far enough, whether they could be tweaked in some way and about what signals could be sent to the other place, which has yet to consider the Bill. When the Bill goes to the other place, I am sure that there will be petitions against it.

We will be able to see the extent to which the petitioners’ arguments are accepted today, because it is obviously open to the Bill’s promoters to say at any stage, “Well, I think that’s a good point. We hadn’t thought of that.” My hon. Friend the Member for Torbay (Kevin Foster), who is sponsoring the Bill on the promoters’ behalf, is a good listener, and I sure that things will go well in the future. If the Bill had never been objected to, it would have gone through as it was originally, but it is now much better. However, “much better” does not mean that it is not capable of being improved further. That is the whole purpose of putting forward these new clauses and other amendments this afternoon.

Paragraph 2.3 of the statement on behalf of the promoter, the Middle Level Commissioners, in support of the Bill makes it clear that

“the Commissioners currently do not receive any income from navigation of the waterways.”

With the passage of the Bill, they will receive such income. New clause 1 is designed to ensure that the quid pro quo is that if the waterway is not navigable, those charges should not apply. The petitioners believe that under case law in the case of Brett v. Beale and others, the commissioners must provide something beyond what is already provided in return for making additional charges. I am sure that my hon. Friend the Member for Torbay will accept that that is a reasonable proposition.

The March Cruising Club is of the opinion that if boaters can be charged to use the system for navigation, it is essential that boater facilities are maintained and that an adequate depth of water is introduced as a minimum standard. Where that does not apply, any requirement to pay charges should be waived.

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

My hon. Friend will be aware that the Bill affects my constituency. Without the Middle Level Commissioners, we would not have many homes protected and many thousands of hectares of farmland would not be kept productive. Does he agree that the key point is that if navigation, locks and waterways are funded through this charge, there will be more money for flood defences, which are a key priority in this part of East Anglia? Does he agree that the principle of the Bill is fit for purpose? Now that he is involved with his various amendments, the Bill may well become better, but surely the principle is very strong.

[Sir Christopher Chope]

I think the principle is that if the farmers—I know my hon. Friend has a significant interest in farming—are going to benefit from land drainage schemes, and this is essentially one mega land drainage scheme, I do not see why they should not have to pay for the benefit that they get from the scheme. That is what this is all about.

I am told—I do not hold myself up as an expert on anything, but certainly not on this—that if there was no longer any land drainage, the navigation would be much wider, more effective and deeper. In a sense, the land drainage enables the farmers to make their profits off the land and is of direct benefit to them, whereas the navigation would be there even if there was no land drainage. I do not know whether my hon. Friend accepts that that is a true analysis—perhaps he is a better student of geography than I—but that is what I am told.

When the commissioners were first given their role, it was on the basis that they would recover charges from the landowners, rather than from the users of the navigation. If charges are to be introduced for the use of the navigation, the argument is that those charges should be used to keep the navigation open and usable by those who are being charged for using it. That seems to me a perfectly equitable principle on which to proceed. That is the background to the first new clause.

[Sir Christopher Chope]

I am not briefed to have an answer to that. All I can do is make the general comment that this has been raised by the March Cruising Club, which I imagine would not be concerned about it if it was not a problem. The March Cruising Club believes it is important to have this adequate depth of water set out to make sure the navigation is available.

That brings me on to new clause 2, which would require the provision of specified facilities at Stanground Lock and Salters Lode Lock. It states:

“The commissioners must, within twelve months of the day on which the Act comes into force, provide facilities at Stanground Lock and Salters Lode Lock including a lavatory, a fresh water point, bins for the disposal of refuse”

and so on. It also states that they should provide

“a minimum of ten moorings, each available for up to seven days at any one time and capable of accommodating a boat of up to fifty feet in length.”

Again this is a quid pro quo: if the commissioners want to make money out of the navigation and the vessels using it, it would be sensible for them to make sure there are proper facilities for those vessels, which will be paying significantly for the privilege of using the navigation.

A similar point is raised in new clause 3 by the March Cruising Club. This clause states:

“The Commissioners must, within twelve months of the day on which this Act comes into force, provide facilities within the town of March including a lavatory, a coin operated water shower”

and so on. I understand that the commissioners have more or less guaranteed that that is what they are going to do, but the petitioners understandably want to ensure that those undertakings and expressions of good intention are properly reflected in the legislation, rather than just being left as a matter of good will.

[Sir Henry Bellingham]

Surely there are few precedents for putting in the Bill specific infrastructure service provisions such as these. Doing so would cheapen the Bill in some ways and would make the point publicly that there was not this confidence between the Middle Level Commissioners and the different boating interests. What those boating interests want above all else is good navigable waters that are well maintained and at the right depth and with locks that work so that they can enjoy their boats at different times. If there is a surplus of revenue, and the relationship between the commissioners and the boating interests is positive and proactive, these other facilities can be looked at in the future. I urge my hon. Friend to consider that putting this in the Bill is not a good idea.

[Sir Christopher Chope]

I am glad my hon. Friend agrees that the provision of these facilities is a good idea, but I cannot understand why he thinks requiring them to be provided in the Bill is not a good idea.

[Sir Henry Bellingham]

There is no need.

[Sir Christopher Chope]

Ultimately, it is an issue of trust as to whether or not the undertakings given will be honoured. We have precedents from other private Bills in this House—for example, the north London cemetery Bill—where the promotors have written to the Chairman of Ways and Means giving an undertaking, which was then put in the public domain. That may be another way of resolving this problem. From what my hon. Friend is saying, it seems that everyone is agreed that these facilities are necessary and desirable, and should be provided.

New clause 4 says that the

“Commissioners must within twelve months of the day on which this Act comes into forces enable access to the facilities and moorings specified under this Act to be by a boater key system paid for by boaters for a nominal fee and operated by the Commissioners.”

That is not an unreasonable suggestion. It is a commonplace practice in the boating industry.

--- Later in debate ---

[Sir Christopher Chope]

I accept that we do not want to go into any more detail than I have already, but the analogy is that the powers that are being sought in the Bill by the Middle Level Commissioners are almost identical to the powers that have already been obtained by other organisations, such as the Canal and River Trust, which operates on the Kennet and Avon canal.

[Sir Henry Bellingham]

Is there any serious demand from disabled people in the boat-owning community in East Anglia for this exemption? I have a number of disabled constituents who are boat owners, and as I pointed out on Second Reading in the last Parliament, many boat owners from my constituency will motor upstream into the different parts of the Middle Level. I have not come across any demand from disabled people; this is not like the blue badge scheme. We have great respect for those in the disabled community, but is my hon. Friend really saying that there is a desire to give them an exemption from these charges? Would that not just make the scheme that much more bureaucratic? Also, most disabled people are very proud, so do they really want this exemption?

[Sir Christopher Chope]

Obviously, they would get the exemption only if they applied for it. Disabled people are proud, and I have a lot of disabled residents among my constituents, but that does not mean that, for example, they do not cherish the ability to park their cars using a discretionary parking permit.

In direct answer to my hon. Friend’s intervention, I had not received any representations from disabled constituents of his before making this speech; if I had, I would have referred them to him. However, what I can say is that the Canal and River Trust, which was dealing with this issue in Wiltshire, has now accepted in principle that disabled boaters should not have enforcement action taken against them in the same way as able-bodied boaters, but it has not yet been very keen to communicate that policy to disabled people there.

All I can say is that, given how the powers have been used on inland waterways in other parts of the country, there is potentially an issue, and by putting forward amendment 14, I have at least ensured that it is discussed. As we know, there is even more interest in the other place in promoting the cause of disabled people than there is in this House. It may well be that, when the Bill gets to the other place, Members there will wish to pursue the content of amendment 14 if it is not accepted by the sponsor today.

Amendments 15 and 16 are designed to leave out clauses 5 and 7. I tabled them to enable us to have a debate on the content of those clauses, should that be thought desirable. However, having regard to the time, the best thing to do is probably not to speak to those amendments but to go on to one or two of the later amendments.

[Sir Christopher Chope]

My hon. Friend says that that is a shame—

[Sir Henry Bellingham]

It is not a shame at all.

[Sir Christopher Chope]

Well, it is one each on that one.

--- Later in debate ---

[Julian Knight]

I thank the hon. Lady for her intervention. I know that she has taken a particular interest in this matter. On the question of homelessness, I shall deal in detail with the potential for a review if the interests of houseboat dwellers are not taken into account. She also asked about licence fees, and the Bill contains the idea that the money raised from those fees should be spent on navigation. In fact, according to the information that we have, that is unlikely to be enough to cover all the potential navigation costs.

As I have said, I believe that the Bill strikes the right balance. Today’s debate is, rightly, restricted to the technicalities of the Bill, as the case for updating the law governing the Middle Level navigations is undeniable and has been accepted by the House. The existing Acts were laid down in the 19th century and simply do not reflect the realities of managing a modern waterway. The Bill will bring the Middle Level into line with the rules governing neighbouring systems, prevent the diversion of resources away from vital flood prevention measures, and allow the commissioners to provide the standards of safety and convenience that should be standard on all British waterways.

I know that some object to the Bill on the ground that to charge those who navigate the levels breaches an ancient right of free navigation. However, after close scrutiny, my colleagues and I do not believe that that is the case. For starters, there has always been a levy for using the Middle Level. When the previous Middle Level Acts were drafted, the waterways were heavily used by commercial and industrial shipping, with pleasure craft almost an anomaly in that respect. It was therefore sensible to concentrate fees for maintaining the navigations on commercial shipping.

However, the situation today is entirely the reverse: the levels are well used by pleasure and leisure craft, and they see little, if any, commercial traffic. It is therefore only right that we empower the commissioners to levy funds from those who enjoy the Middle Level today. We should also remember that many of the costs are incurred explicitly through keeping the waterways navigable. Locks could easily be replaced by much more cost-effective alternatives such as weirs, were flood control the commission’s only consideration. I believe that this also addresses concerns about a supposed right to free navigation. Certainly, the case can be made that the state ought not to levy a fee to sail on a naturally navigable river, but when public funds must be laid out to maintain an artificial navigation, it is just that those who benefit should pay.

I also urge the House to remember that the Middle Level navigations are not only navigable waterways but important flood protection measures, without which much of the fens would be under water for at least part of the year. The Middle Level commissioners are responsible for both those important functions, but without the ability to levy funds from those using the waterways, they have no choice but to maintain them by diverting money from their flood defences. As a matter of public safety, as well as one of basic fairness, this should change.

In Committee, we heard another important objection to the proposed fees system that I would like to address here: what will those who pay the fee receive in exchange? That is a perfectly reasonable concern, and I will briefly explain to the House how the Bill has addressed it. First, we have a commitment from the commissioners that they will not under any circumstances levy more money from boat users than they need to maintain the navigations in good order. In fact, I am told that they are likely to raise much less than that. The commissioners also know that they will only undermine their own fundraising efforts if they set the rates at a level that discourages the use of the waterways. I am therefore confident that the rates will remain competitive and in line with the rest of the inland waterway network, which is in effect a market.

Secondly, the commissioners have committed to spending the money raised from those using the navigations on maintaining the navigations themselves. Thirdly, the facilities on the Middle Level are clearly in urgent need of an upgrade. At present, there are only two public facilities on the entire system, and it needs not only more toilets, but other services such as drainage, watering posts, and refuse collection. All that needs to be paid for, and it does not seem right that local council tax payers are asked to fund improvements so that the actual beneficiaries can enjoy them free of charge.

Another objection heard by the Committee was that new rules would unfairly penalise houseboat dwellers. The rules in question are the commissioner’s powers to move vessels that have been abandoned or moored without authority. Some of the petitioners were concerned that the notice periods were too short. Others even alleged that the proposals violated the human rights of those who live on the level. However, I believe that the Bill has addressed such concerns. For a start, there is obviously no possibility of this or any other Bill empowering the commissioners to violate anybody’s human rights unless some explicit exemption were written into it for that purpose.

Beyond that, the Bill contains several additional measures intended to reassure residents of the Middle Level. It provides a clear definition of the “lawful authority” under which vessels can be removed and specifies that any notices must be served to the vessels in question. Clause 15 requires that the commission publish a clear protocol to specify that moving a vessel will be a last resort. Moreover, clause 13 explicitly mandates the commission to have regard for the rights and interests of boat dwellers and to report annually on how they have upheld that duty. That means that the Middle Level navigations will offer some of the best and most explicit protections to houseboat users of any part of this country’s inland waterways. I concluded that the protections are more than adequate to offset the legitimate concerns of boat users while still allowing the commission to perform the essential function of moving abandoned or illegally moored vessels that are either blocking the use of moorings by others or obstructing navigation of the narrower waterways.

Finally, on byelaws and regulation, the new powers proposed in the Bill will allow the commission to require vessels to be insured and to meet proper safety standards, while providing a period of adjustment so that those using the levels can make sure their boats are up to code. My colleagues on the Committee and I all felt that that was important not only for its own sake, but to prevent the Middle Level becoming a dumping ground for old, unsafe vessels that are no longer legal on other parts of the network. Furthermore, the Middle Level will be adopting standards similar to those of neighbouring waterways, which will mean minimal disruption for anybody trying to use the navigations as part of the broader network. In short, the Bill will modernise the management of the Middle Level while preserving, and indeed enhancing, its unique historical character both for today’s users and future generations.

[Sir Henry Bellingham]

The Bill affects my constituency along with several others, and it is vital to the people living in the fens. Without the modern drainage that was brought in during the 18th century, they would not have homes, and we would not have nearly 200,000 acres of prime agricultural land. It is also important to the owners of pleasure craft. I thank my hon. Friend the Member for Solihull (Julian Knight), who chaired the Committee, and agree with what he just said, and I particularly thank my hon. Friend the Member for Torbay (Kevin Foster) for his indefatigable work as the Bill’s sponsor.

It is important that we have a charging regime that is simple, transparent and not too bureaucratic. Some of the amendments do make quite a lot of sense but, with great respect to my hon. Friend the Member for Christchurch (Sir Christopher Chope), I urge the House not to have anything to do with the new clauses, which would complicate the Bill and make it more bureaucratic. What we want is a simple Bill, with a charging system that really is fit for purpose. We want to build up a position of trust between the commissioners and the boat owners and users who will be paying the navigation fees.

On that basis, I very much hope that the Bill is not delayed a day longer than is necessary, because it is so important to my constituency.

[The Minister for Agriculture, Fisheries and Food (George Eustice)]

Members will be pleased to know that I can be relatively brief.

The Government support the Bill, which is promoted by the Middle Level Commissioners, a statutory corporation constituted under the Middle Level Act 1862. We have had a good debate this evening and I commend the many probing amendments that my hon. Friend the Member for Christchurch (Sir Christopher Chope) tabled, but I believe that all the points he raised have been dealt with comprehensively, in particular by my hon. Friend the Member for Torbay (Kevin Foster), who has a deep grasp of all the detail of the Bill.

The legal framework that governs the commissioners’ navigation function is made up of a number of 18th and 19th century Acts, which are now considerably out of date and do not align with modern requirements or the statutory framework that is applicable to other navigation authorities. In particular, the current legal framework that governs the commissioners does not include adequate provision for the registration of vessels using the waterways or the levying of charges for the use of the waterways and associated facilities. As a result, the commissioners do not receive any income from the navigation of the waterways, which has meant that moneys raised through drainage rates and levies have had to be used to fund navigation rather than for flood defence purposes, which is contrary to Government policy.

The commissioners are therefore seeking to update and clarify their powers to enable them to properly regulate and fund their waterways. The powers that they are seeking are similar to those used by other large inland navigation authorities, for example the Canal and River Trust, the Environment Agency and the Broads Authority.

I very much support the Bill and hope that it will pass unamended this evening.