UK Fishing Industry

Lord Bellingham Excerpts

Wednesday 12th December 2018 Westminster Hall

[Several hon. Members rose—]

[Sir Henry Bellingham (in the Chair)]

I am grateful to the hon. Lady, who introduced the debate extremely well, for being concise and for giving other hon. Members a good chance. I call Brendan O’Hara.

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[Several hon. Members rose—]

[Sir Henry Bellingham (in the Chair)]

Order. It might be of interest to Members that from now onwards a limit of six minutes per speaker would be advisable.

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[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

It is a pleasure, as ever, to serve under your chairmanship, Sir Henry. I congratulate the hon. Member for South East Cornwall (Mrs Murray) on securing the debate, but observe in passing that it is somewhat unsatisfactory that we are in Westminster Hall and limited to 90 minutes on a Wednesday morning. This debate was traditionally part of Chamber business, and happened in Government time. I understand the reasons why it was taken out of Government time, which I think were sound. However, it was always the understanding that time would be available, and for us to have to rely on a ballot for the annual fishing debate is unsatisfactory. I hope the Minister will make representations to those in charge of business management within Government to ensure that we are not put in this situation again.

As I listened to the hon. Member for Argyll and Bute (Brendan O'Hara) talk about Alex Salmond’s Fisheries Jurisdiction Bill, I reflected on the fact that it was when the hon. Member for South East Cornwall was here lobbying on behalf of that enterprise that I first met her. It is worth reflecting on the fact—I say this as the last man standing who was a sponsor of that Bill—that the argument advanced by the Conservatives who supported Alex Salmond’s Bill was that it was perfectly possible to come out of the common fisheries policy while remaining in the European Union.

Times change, and arguments of a different nature seem to be advanced these days, but it is worth putting those historical accuracies on the record. Also on a point of historical accuracy, the hon. Member for Edinburgh North and Leith (Deidre Brock) said that Alex Salmond wanted to abolish the common fisheries policy. That was a tweak that I introduced; originally, Alex Salmond’s Bill was for withdrawal from the common fisheries policy. Personally, I was never persuaded that that was possible, but it is all largely academic and of historical interest these days.

The Fisheries Council, to which the Minister will travel next week, is the last that we will know in the current set-up. It will be interesting to see what we are able do this time next year if we are out of the European Union but still part of the common fisheries policy, as the transitional arrangements would suggest. It will not be an easy Council. The Minister is aware that the scientific advice, especially in relation to North sea cod, is challenging, and that will produce a difficult outcome. I am sure he will argue with some force and vigour that the interests of our fleet should be maintained. I wish him well in that enterprise. I would be interested to hear how he anticipates advancing that argument this time next year, when we will not be at the table. As the hon. Member for South East Cornwall said, we will not have a voice.

Ahead of that, there is, today and tomorrow, the EU-Faroes bilateral in relation to pelagic stocks. The apportionment allows the Faroese fleet access to 30% of the mackerel in EU waters—something of a misnomer, because they are essentially Shetlands waters. We have been burdened with an exceptionally bad deal. It allows us access to 30% of the stocks in their waters, but frankly 30% of quite a lot can hardly be compared with 30% of very little, which is essentially what we get out of the deal. Will the Minister tell me what he has done to influence the progress of the talks and to ensure that the interests of the pelagic fleet in Shetland in particular are better treated than they have been in the past, and how he anticipates such an arrangement will work in the future?

Other hon. Members spoke about the need for visas for non-EEA nationals. I led an Adjournment debate on that on 11 July. The Immigration Minister told me that she accepted that it was something that needed

“work as a joined-up Government.”—[Official Report, 11 July 2018; Vol. 644, c. 1084.]

I wonder how that work as a joined-up Government has been going; it does not look particularly joined-up from where I see it today. However, it is of enormous importance. As the hon. Member for Argyll and Bute said, it particularly affects the inshore fleet, but it also has a serious effect in relation to the bigger boats in the whitefish and the pelagic sectors.

Essentially, to get round the lack of proper working visas, fishing crews are having to come in on transit visas. The welfare issues surrounding that are well documented. The real difficulty is that it leaves fishing skippers having to fish where visa regulations allow them to, not where they know they will find fish. Eventually that will have an impact on safety—we all know that. That is why the issue cannot be kicked down the road any more. The subject commands attention on behalf of fishing communities represented on both sides of the House. I have been on delegations with the hon. Members for Banff and Buchan (David Duguid), for Na h-Eileanan an Iar (Angus Brendan MacNeil) and for Strangford (Jim Shannon). As we come to the end of the year, I say to the Minister that if he is genuinely part of a joined-up Government, we need to see a resolution to this issue.

I have had my six minutes, Sir Henry—I could talk for an awful lot longer. I leave a minute, which I hope might be given to the Minister, if the Front Benchers can maintain good discipline, so that we all have an opportunity to intervene on him when he speaks.

[Sir Henry Bellingham (in the Chair)]

I am grateful to you, Mr Carmichael, for being so concise in your remarks. I call Deidre Brock.

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[Luke Pollard]

I am always grateful for interventions from my neighbour. I suggest she reads the memo from the Fisheries Minister in Committee yesterday that said that this is about looking forwards, not back. Frankly, there are enough reasons to say that fishing was screwed over by a Conservative Government; I do not think it is appropriate to go into—

[Sir Henry Bellingham (in the Chair)]

Order. You cannot really use such language.

[Luke Pollard]

Okay, I withdraw that—I beg your pardon, Sir Henry. Fishing may have been betrayed by Conservative Governments in the past. Let us look forward, not back.

Labour wants smaller boats to be given a greater share of quota after Brexit. Small boats are the backbone of our fishing industry. They are the small and medium-sized enterprises of the sector. If this were any other sector, we would be talking about SMEs and multinationals, but we do not do that in fishing—we simply do not apply that phraseology. If we did, I think the tone of the debate around our fishing sector would be very different. Let us back the SMEs in the fishing sector. Let us make sure that the small-scale fleet, which generally uses low-impact gear, has a better environmental impact and, importantly, employs more people, gets a greater share of quota: 6% of quota and 49% of the workforce at the moment is not an equitable share.

In addition, we also need to make sure that more fish is landed in UK ports. Labour wants a requirement that at least 50% of fish caught under a British quota is landed in British ports, supporting the coastal communities—be they in the far south-west, the east coast or up to Scotland—and making sure that we can get the additional jobs that come with landing, processing and selling that fish, whether for consumption in the UK or for export. We want to make sure that we have more of it. It is a travesty that, at the moment, so much fish caught under a UK quota is exported immediately to foreign countries and not landed. We need to preserve that economic link.

I want to spend a moment on marine safety; we have an opportunity to talk more about that. Fishing is the most dangerous peacetime activity in the UK. We need to make sure that in any redistribution or reallocation of quota that may come from leaving the European Union, high standards of marine safety are embedded in every single quota allocation. That is precisely why we need to do more to make sure that EU and UK fishers obey the same high safety levels. Sadly, that is again something that the Minister decided to vote against in Committee yesterday.

We also need to do more to spread the best practice we already have. In Plymouth, a lifejacket scheme gives fishers better equipped lifejackets, to enable them to do manual handling in front, with a personal locator beacon. When someone goes overboard and the personal locator beacon is activated, it takes the “search” out of search and rescue. That is really important, and will help save lives when boats capsize or when people go over the side. When the worst happens, it will help with the retrieval of a body so that the family can bury that fisher. We need to be aware of just how dangerous fishing is. The Minister and I have had lots of conversations about the PLB and the lifejacket scheme and I will continue to have conversations with the Department for Transport to make sure that it happens.

I echo the comments from the right hon. Member for Orkney and Shetland (Mr Carmichael), who was passionate and correct in the view that this debate should be held in Government time. He heard me make that point yesterday, and he made it with much more force than I did in Committee. There is cross-party agreement that this annual debate should be held in Government time and in the main Chamber to give it the prominence and importance that it deserves—not only to our coastal communities, but to our politics. In many cases, fishing is about politics and identity just as much as it is about our coastal communities.

There is a great opportunity to create a better system for fishing—more economically and environmentally sustainable, safer for those people who are fishing, and adapted to the changing nature of our marine environment, especially with the effects of climate change. It is an opportunity that we cannot afford to miss. I pledge to the Minister that if he wants to work constructively, in a co-operative, cross-party way to improve the Fisheries Bill, which needs improving, the Opposition stand ready.

[Sir Henry Bellingham (in the Chair)]

I thank the hon. Gentleman for his dynamic speech. The hon. Member for South East Cornwall (Mrs Murray) has indicated to me that she does not want time for a wind-up speech, so that leaves the Minister with 12 minutes. I call the Minister.

Middle Level Bill

Lord Bellingham Excerpts

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

I am pleased that there has been due scrutiny in the other place, whose new amendments, as set out by the hon. Member for Torbay, were made to build in safeguards for boat owners who are not very well off, live on boats permanently and were worried about evictions. The challenge will be how the powers in the Bill are used by the Middle Level Commissioners. I hope the concerns of the House about the impact of the Bill on those who live on boats, especially those on low incomes, will be remembered when powers are implemented and used fully. As the concerns of the Official Opposition have been taken into account in the amended Bill, we will not be opposing it today.

[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.

British Flora: Protection from Imported Diseases

Lord Bellingham Excerpts

Wednesday 27th June 2018 Westminster Hall

[Sir Henry Bellingham (in the Chair)]

I plan to start the wind-ups at five past five, which leaves us exactly 10 minutes. I would be grateful if the hon. Member for Strangford (Jim Shannon) and the right hon. Member for Newbury (Richard Benyon) would split the time between them.

Coastal Erosion

Lord Bellingham Excerpts

Tuesday 12th June 2018 Westminster Hall

[Kirstene Hair (Angus) (Con)]

I beg to move,

That this House has considered coastal erosion.

It is a pleasure to serve under your chairmanship, Sir David. The future of Britain’s coastline, and of our coastal communities, is finally getting the political attention that it deserves—not a moment too soon. From the need to curb plastic waste to prevent environmental damage to our shores to the opportunities that Brexit presents for reviving our long-struggling fishing communities, Britain’s coasts are coming to the forefront of the political agenda. I am glad, because if our coastal communities are to benefit from this renewed focus on their future, we need to act now to ensure that they have a future.

Coastal erosion threatens large parts of Britain’s coasts and puts houses, businesses and entire communities at risk of flooding or, in some cases, total destruction. Many hon. Members will be familiar with this issue, as coastal erosion threatens about 17% of the UK’s coastline, specifically along the east coast. The Environment Agency estimates that more than 700 properties in England could be lost to coastal erosion by the 2030s, while in Scotland, erosion is believed to pose a risk to a fifth of the coastline and the erosion rate has doubled since the 1970s. In 2013 and 2014, storms and extreme tides caused erosion that experts believed would never happen, but it has happened, and even quicker than they thought as it occurred almost overnight. Businesses and individuals are increasingly concerned about the impact of the increasingly rapid degradation of our coastline.

Our coasts are vital areas and hubs of economic activity. As well as the obvious tourism draws, they are home to much of our crucial infrastructure. In Scotland, the soft coastline, which is about 19% of the total, and which is most at risk, includes roads, railways and Scotland’s water network. There are 30,000 buildings, 100 km of railway lines, 1,300 km of our roads and a large amount of cultural and natural heritage located near to potentially erodible stretches of the Scottish coast. They could come under threat if erosion rates continued to increase in the near future.

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

I congratulate my hon. Friend on securing the debate. She will be aware that East Anglia suffered serious floods as the result of surge tides in 2013. The private sector has financed a lot of the recharging of the beaches through a community interest company in my constituency, but does she agree that that will not be enough in future and that there will have to be some form of ring-fenced funding?

[Kirstene Hair]

I am sure my hon. Friend will be pleased to hear what I am calling for the Minister to provide for my community and his.

It is time that Government at all levels took the issue more seriously. In the past, they have been guilty of putting too much emphasis on study and not enough on preventive action. If ever there was a time for urgent action, my constituents would say that it is now.

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[Jim Shannon (Strangford) (DUP)]

Thank you for that, Sir David. Four minutes? What a challenge.

I thank the hon. Member for Angus (Kirstene Hair) for bringing this matter to Westminster Hall for consideration. I am very happy to support her, as she knows. I am glad to say that I come from what I believe to be one of the most beautiful constituencies in the whole of the United Kingdom of Great Britain and Northern Ireland—Strangford. I am privileged to live in the heart of the Ards peninsula, on the family farm. Every morning, I wake up and look over at Strangford lough, and I am very aware of the beauty of the area. I see the sun glinting off the water, I see the mountains of Mourne in the distance and I am always very conscious of the wonder of God’s creation.

At the same time, the sun glinting off the water alerts me to the issue of coastal erosion. The water may seem somewhat pretty at times, but the fact is that our coastline is crumbling away under our feet, under the foundations of our homes and under our coastal roads. Our foundation is crumbling and we must do something to address that. The issue is not a new one. I will give a Northern Ireland perspective, to show where I am on it. When I wore my former hat as an Assembly Member, I spoke about it in the Northern Ireland Assembly and things have naturally worsened since then.

Most recently, I read an article that referred to a report by the National Trust that had been commissioned on the issue of coastal erosion, which stated the shocking view that:

“Northern Ireland faces major risks from coastal erosion and marine flooding but ‘lacks basic information’”—

those are the very things that the hon. Member for Angus referred to—

“to deal with them.”

The article went on to say that the National Trust

“manages 108 miles of coast in the north, reveals that 46,000 properties are at risk from river or marine flooding, while recent stormy winters have had ‘major impacts on coastal residents’.

Climate change and rising sea-levels are leading to flooding and coastal erosion, the report found. The charity has called for ‘a strategic approach to shoreline management’ to address the challenges of marine flooding and erosion…saying at present it is ‘reactive and poorly structured’”.

That is exactly the problem that our region, like other regions, faces and it is something we are concerned about.

[Sir Henry Bellingham]

The hon. Gentleman talked about shoreline management. Does he agree that there is a major role for the private sector to contribute, working in partnership with local authorities?

[Jim Shannon]

I thank the hon. Gentleman for his intervention and I totally agree with what he has said. Northern Ireland has a lack of information about how its coast works—the rates of change, the sources of coastal material, patterns of sand movement, the impact of storms and post-storm recovery—along most of the coastline. Those are the issues for us when it comes to coastal erosion.

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[Gillian Keegan (Chichester) (Con)]

It is a pleasure to serve under your chairmanship, Sir David. I congratulate my hon. Friend the Member for Angus (Kirstene Hair) on securing this important debate and highlighting the risk to all our coastal communities.

Many of my constituents are lucky enough to live by the sea, with beautiful views and a vibrant tourism economy. The Chichester constituency is home to some of the UK’s most beautiful beaches and diverse marine ecosystems, but with those privileges comes a great deal of risk. Coastal erosion and flooding are a constant threat to many areas. Over the past century, we have observed a global mean sea level rise of 20 cm and that trend is set to continue over the coming years, according to the Intergovernmental Panel on Climate Change. To contextualise that, just a 50 cm rise in local sea levels would make 200 km of our current defences vulnerable to failure. Under the IPCC’s modelling, that is within the range of likely outcomes by the end of this century.

In my area, Chichester District Council is doing well to tackle the symptoms, if not the cause. It maintains the majority of the populated open coastline that stretches from Emsworth to Pagham. The council has shoreline management plans in place for each stretch of its coastline. Its work is highly collaborative and transparent, and by working with local stakeholders and the Environment Agency, it ensures that its work benefits the area’s economy, community and ecosystems.

[Sir Henry Bellingham]

My local council has similar policies in place, but there is a real problem coming down the track with the disappearance of the revenue support grant. When that goes, there will surely have to be some form of top-slicing or maybe a ring-fenced precept for local authorities such as my hon. Friend’s and mine.

[Gillian Keegan]

I agree. My local authority is very concerned by negative RSG, not just the disappearance of RSG. Negative RSG would mean having to pay more to support other areas.

The council’s collaborative work has achieved high levels of third-party investment and led to better coastal protection. My hon. Friend is right that we need to properly fund our coastal areas. At East Head and at Pagham harbour, coastal advisory groups run the UK’s only two active management sites. Both sites have a highly dynamic coastline, so predicting erosive and flood patterns can be very challenging. Active management involves long-term monitoring and observation to ensure interventions are effective and in tune with the natural processes.

The regional coastal monitoring programme, based in Southampton, is key to that process, providing data on waves, tides and the changing nature of the coastline. Armed with that data, the group can make decisions on interventions such as replacing or removing failing structures or replenishing beach sediments. Such is the success of the programme that natural changes at Pagham since 2016 have removed the threat to residents in the short term and introduced an intertidal wetland habitat that is now a Royal Society for the Protection of Birds nature reserve.

The council receives a grant of £250,000 a year. That funding allows it to protect people, business and habitats. Over recent years, the Environment Agency has invested a further £30 million as part of its flood and coastal erosion risk management at Medmerry, where the UK’s first managed realignment site is ongoing. West Wittering, where erosive processes are mitigated to maintain the beach, attracted around 800,000 visitors last year, driving the local economy and simultaneously helping protect the internationally important saltmarsh environment sheltered by East Head spit.

There is still significant concern in my area, however. In the long term, the council has warned that highly populated areas such as Selsey, Bracklesham and East Wittering will eventually require significant investment.

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[Sir Hugo Swire (East Devon) (Con)]

In following the hon. Lady’s speech just now, I am not certain as to which is eroding more quickly: the coastline of Scotland or support for the increasingly incompetent SNP Administration in Edinburgh.

I want to confine my remarks to a particular part of my constituency, one of the jewels in the crown of East Devon: Sidmouth, a regency seaside town well known to my hon. Friend the Minister. Sidmouth is at the gateway to the Jurassic coast world heritage site, and a large part of the town is in a conservation area. For years now, I have been working with various bodies and individuals in the town—not least the local councillors, Councillor Stuart Hughes and now Councillor Tom Wright—to try to resolve what has become an increasingly difficult problem, particularly for the residents of Cliff Road, overlooking Pennington Point, which has seen erosion year on year. Indeed, earlier in 2018 it was widely reported in the national press that Cliff Road was one of the most endangered roads in the UK, owing to coastal erosion.

We are very dependent on the south-west coastal path in Sidmouth. We have replaced the Alma bridge, but the various different schemes have gone on for too long. Over the years I have had Sir James Bevan, the chief executive of the Environment Agency, down to see the erosion. Andrew Sells, who is in charge of Natural England, has been down. I even had my right hon. Friend the Member for North Shropshire (Mr Paterson), who was then the Secretary of State for Environment, Food and Rural Affairs, come and look at it.

There are two issues at stake. One is the complexity of trying to get a satisfactory solution. It is a complicated engineering issue. Many different bodies are involved in the steering group: East Devon District Council, Sidmouth Town Council, local fishermen, the Environment Agency, Devon County Council, the National Trust and the Cliff Road Action Group. All of those groups have a rightful interest, but that has delayed the implementation of a scheme that can arrest the erosion that we see year on year.

The new scheme, the preferred scheme, for the Sidmouth beach management plan would see a new groyne wall installed on East Beach and a plan to raise the splash wall along the promenade. I am extremely nervous about the prospect of raising the wall along the promenade because we have seen what happened in the neighbouring constituency of Tiverton and Honiton: one can drive down the esplanade in Seaton and not actually see the sea. We would not want that replicated in Sidmouth. This part of the £9 million project would last around 100 years.

We now have a funding issue. East Devon District Council needs to raise £3.3 million, with the rest hopefully being secured from the Environment Agency. Work would begin in 2019 and be completed in 2020. When we look at the areas we can raise the money from, we see that we are left with either a local levy, the district council, Sidmouth Town Council, South West Water, local charities, visitors, East Devon housing, and residents. I humbly submit to the Minister that it is not satisfactory to try to leave a small local authority with a funding gap that will prevent the scheme from being realised.

[Sir Henry Bellingham]

My hon. Friend is being incredibly generous in giving way. My local authority has similar problems, but it faces a structural funding deficit. The Minister’s Department and the Ministry of Housing, Communities and Local Government must consider making some form of ring-fenced precept available to local councils, and perhaps there should be more contributions from town and parish councils inland.

[Sir Hugo Swire]

I agree with my hon. Friend that it is almost impossible to ask local authorities for large amounts of money to fill the gap because they all operate under very strict financial constraints now. Such schemes should not be held back by relying on the local authority to make up the difference, so I ask the Minister whether Bellwin can be extended. Can my residents of Cliff Road, who have found it impossible to get mortgages and increasingly difficult to get insurance as they see their gardens disappear, get a compensation package?

I hope that the whole area can be dealt with quickly. We need a masterplan for the whole Port Royal area along the esplanade, but there is no point in doing that until we have secured the Pennington Point and rock revetment scheme, because that would threaten the sewage works in the area, which could in due course flood the entire town.

I do not want to delay the debate unduly. The Minister is welcome to come to Sidmouth at any time to see the situation for himself. We are almost there now. This has gone on for so long. The scheme must be implemented. We cannot wait any longer. We have got people onside. We have got everything lined up now. I pay tribute to all those who have got this far, but we have a funding deficit and I ask the Minister to be creative in looking at the compensation issue for the residents of Cliff Road and also in helping with the funding that we need to get the scheme under way.

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.

Oral Answers to Questions

Lord Bellingham Excerpts

Thursday 26th October 2017 Commons Chamber

[Dr Coffey]

I met the hon. Gentleman to discuss this matter. We have been engaging with the Treasury about the site, because I know there is a particular issue he wishes to be progressed. The Treasury has oversight of the Crown Estate and the tax system and will consider the business case in due course, but I can assure him that the Environment Agency will continue to work closely with the local councils. They have removed the dangerous waste that was there.

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

How many slaughterhouses do not currently have CCTV installed?

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

From memory, about 90% or 95% of all animals slaughtered are slaughtered in the larger slaughterhouses which have CCTV. However, about half of all slaughterhouses do not, particularly some of the smaller ones. That is why we are bringing forward legislation to make CCTV compulsory in all slaughterhouses.