Marine Navigation (No. 2) Bill

Sheryll Murray Excerpts

Friday 19th October 2012 Commons Chamber

[Sheryll Murray (South East Cornwall) (Con)]

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

I was delighted to be drawn 12th in the private Members’ Bill ballot and to have this opportunity to introduce a Bill that seeks to reduce the operational burden costs on the marine industry, to promote the work of the General Lighthouse Authority, and to strengthen the powers of port police.

I pay tribute to the previous Minister, my hon. Friend the Member for Hemel Hempstead (Mike Penning), who did so much for marine safety while he was in his post, and I welcome the new Minister, my hon. Friend the Member for Wimbledon (Stephen Hammond), to his position. I understand that the hon. Member for Poplar and Limehouse (Jim Fitzpatrick), who is not in his place, is attending a memorial service but will be in the Chamber at some stage of the debate.

Members will know that I have a strong personal interest in maritime matters. Indeed, in the mid-1990s I was secretary of the Plymouth sea safety group, which was set up to bring together master mariners, rescue services such as the RNLI, the fishing industry, channel and river pilots, harbourmasters and yachtsmen in order to allow for a greater understanding between all users of the marine environment.

The maritime industry is crucial to the economic well-being of the United Kingdom, with ships carrying goods for consumption, business people and holidaymakers to and from our shores. The ports industry provides a gateway to and from our nation. In 2010, UK ports handled 512 million tonnes of goods, the value of which was about £340 billion. That represents 95% of the total volume of UK import-export trade and 75% of its value. Some 23 million international passengers used UK ports in 2009—three times the population of London. The maritime industry provides employment, directly and indirectly, from as far north as Shetland to as far south as Cornwall. My constituency is bordered by two busy ports—to the west is the port of Fowey, and Plymouth sound is on the eastern border. My constituency’s economy relies heavily on the marine industry.

The marking of hazards and of safe shipping routes in the channel is a key factor in facilitating this vital UK industry. We are fortunate in this regard to employ the efficient services of three world-leading providers of marine aids to navigation throughout the UK and Ireland, collectively known as the General Lighthouse Authority. Marine pilotage is dealt with in clauses 1 to 4 of my Bill. It is a noble profession that dates back hundreds of years. Pilots are highly skilled and knowledgeable individuals responsible for safely guiding ships into our ports and harbours. They provide a vital service without which our shipping industry could not safely operate. The Pilotage Act 1987 governs the provision of pilotage in the UK by competent harbour authorities. I propose to modernise one section of it, relating to pilotage exemption certificates.

I have received a number of representations on my proposals from ports, harbourmasters and those in the pilotage industry, and I reassure the House that they are not simply about saving money and are not designed to reduce safety. The Bill would enable competent harbour authorities to recognise the skills and knowledge of a wider group of individuals when it is clear that they are able and capable of holding a pilotage exemption certificate.

In my opinion, the Bill would implement a balanced set of improvements to the pilotage exemption certificate system, under which competent harbour authorities may at their discretion grant suitably qualified crew a certificate that enables them to pilot specified vessels instead of taking on a pilot. The Bill would remove the restriction that currently allows only masters and first mates to be granted a pilotage exemption certificate. It would allow any crew member demonstrating the high level of skills and experience required by the authority to hold a certificate, and it would also give the authority greater powers in relation to the suspension and revocation of a certificate where appropriate. I am, however, willing to discuss the specifics of my proposals in far greater detail in Committee should colleagues so wish.

Clause 3 would enable ports and harbours that have an obligation to provide pilotage services, but that do not have the traffic to warrant such services, to relinquish that requirement in a straightforward and sensible manner. That is about removing unwanted burdens on ports and harbour authorities, and deregulating where it is safe and appropriate to do so.

Clauses 5 and 6 relate to harbour authorities. Statutory harbour authorities have many duties and are primarily responsible for the safe operation of their facilities. About a third of them currently benefit from powers of general direction. Extending the use of those powers to the rest of the industry—a responsible and mature industry—would reduce the costs and time required to achieve the same effect via harbour revision orders. That proposal is localism in action and would enable the right decision to be taken by the right organisation without the need for expensive recourse to legislation.

Unused port and harbour facilities can be a financial drain on their owners once they are no longer economical to run. Some facilities have geographical restrictions on the size of ship that can access them, and others fall victim to changes in trade patterns. In either case, through no fault of the operators, ports can become economically unviable. Some of those ports are owned by local councils, which then pass the costs of maintaining facilities and honouring statutory duties on to council tax payers. The Bill would make it easier for statutory harbour authorities to close unviable harbours when appropriate, and to relinquish costly responsibilities that cannot be justified given a harbour’s limited use.

Clause 7 deals with port constables. Currently, a port constable is limited to working within one mile of their port restriction.

[Fiona Bruce (Congleton) (Con)]

I pay tribute to my hon. Friend for introducing this important Bill and for the work that she has conducted on the issue over many years.

As a member of the all-party group on human trafficking, I believe that clause 7 will be important in giving port constables the right to extend their sphere of work to inland constituencies such as mine. It is well acknowledged now that the only way in which we will successfully tackle the increasing scourge of human trafficking, which blights lives, is for more agencies to work together. I am therefore delighted to support the Bill, particularly clause 7. Will my hon. Friend acknowledge that the Bill has great relevance not only to coastal constituencies but to every constituency in the country?

[Sheryll Murray]

I do acknowledge that; this clause is extremely important, and I know other hon. Members will speak about it. Port constables are currently limited to working within 1 mile of their port—a restriction meaning that otherwise perfectly competent officers must be accompanied by the local police whenever they need to investigate a crime, or escort an offender to a custody suite or court beyond that limit. At a time when, as has been mentioned, we are seeking efficiency in all our public sector organisations, that cannot be right. Worse still, it provides the potential for an officer to find themselves unable to prevent a crime, simply because it happened a few feet too far away from the port at which they work. My Bill will remove the geographical limit on the powers of port constables, where that is agreed with the local police.

[Jackie Doyle-Price (Thurrock) (Con)]

My hon. Friend has explained well and succinctly the case for extending that jurisdiction. Does she bear in mind the fact that both the port police and the Home Office have wished for that change in the law since 2008? It is important for the Bill to make progress, so that we can end that anomaly, and so that the port police can make a full contribution to defending our borders.

[Sheryll Murray]

My hon. Friend is right. The problem was identified in 2008 when the Department for Transport conducted a consultation on the issue. It is, therefore, important to get the Bill through and place this provision on to the statute book.

Clauses 8 and 9 relate to general lighthouse authorities of which the UK and Ireland has three: the Northern Lighthouse Board, the Commissioners of Irish Lights, and Trinity House. Each organisation is world renowned in its field, and each has a proud and historic reputation for ensuring the safety of mariners. The general lighthouse authorities already carry out some commercial work, prudently utilising any small amount of spare capacity they may have when that does not affect their day-to-day operational activities. For instance, the Northern Lighthouse Board maintains and monitors many rig watchers, which are used to mark decommissioned oil and gas rigs. The Commissioners of Irish Lights recently won a contract to mark an offshore renewable energy site, the first for them in that field. Trinity House undertakes short vessel charters, where it provides small lifting operations for wind farm sites.

The general lighthouse authorities are innovative in their approach to work, and I want to help them make the most of commercial opportunities when they present themselves. Once enacted, my Bill will enable those three organisations to trade more freely on their reputations of excellence, providing each with greater commercial freedom and enabling them to increase the income they generate through commercial activities. I hope that such action will reduce the call on the shipping industry for funding through the payment of light dues. The other measure on the general lighthouse authorities in the Bill puts beyond doubt their power to provide markings beyond the 12-nautical mile territorial sea limit—a sensible proposal, as I am sure hon. Members will agree.

Clauses 10 and 11 relate to other marine issues. Section 47 of the Merchant Shipping Act 1995 provides a regulation-making power concerning the minimum number of qualified persons who are required to be carried on ships, and the standards of competence required and conditions to be met to achieve such qualifications. Amendments to those regulations require secondary legislation, which takes up limited time and administrative resources. My Bill will simplify the process for setting manning requirements for ships by enabling secondary legislation to cross-refer to external documents, such as industry or international technical agreements—a practice known as “ambulatory reference” that already applies in other maritime legislation. In practice, references to external documents, which are known within the industry as “M-notices”, are issued by the Secretary of State through the Maritime and Coastguard Agency. They are a well-established means through which the Department for Transport and MCA communicate with stakeholders.

The final substantive clause in my Bill confirms the ability of lighthouse authorities to deploy modern electronic navigational aids to help minimise the risks to mariners and the maritime environment. I must declare a special interest in this area—my son works for a worldwide maritime electronics manufacturer on the technical side, and my daughter uses electronic navigational aids occasionally in her career as a lieutenant commander in the Royal Navy.

In our modern age, electronic aids to navigation are increasingly important to the mariner, who makes great use of satellite navigation systems. In times of emergency, such electronic aids can be used to mark a hazard rapidly, until a more permanent buoy, beacon or other physical aid to navigation can be deployed. The electronic system and the automatic identification system beacons that are fitted to vessels made my personal tragedy last year much easier to deal with—the fishing vessel my husband was on had an AIS transmitter.

That was quite a canter through the contents of my Bill, which I hope the House agrees should be considered in more detail in Committee. The clauses might seem familiar to some hon. Members—most are drawn from the draft Marine Navigation Bill published by the Department for Transport in 2008 and consulted on at that time. The one addition is the extension of the geographic limit of port constables’ jurisdiction, which emerged from a review of ports police forces by the Department for Transport in 2008, as my hon. Friend the Member for Thurrock (Jackie Doyle-Price) correctly highlighted.

I have carefully read the comments made on the 2008 draft Bill at the time of its publication and discussed the issues raised with interested parties across the maritime industry. My Bill focuses on supporting growth in that industry.

[Sir Peter Bottomley (Worthing West) (Con)]

I am grateful to my hon. and brave Friend for introducing the Bill, which in large part is not controversial and will be of assistance. One difference between this Bill and the one that Lord Berkeley introduced in another place is of concern to the Royal Yachting Association, of which I am a member. Is she willing to meet the RYA to discuss its proposed approach to clause 5, which Lord Berkeley agreed to leave out of his Bill? Perhaps we could persuade the Minister to do the same.

[Sheryll Murray]

I would be more than happy to meet the RYA, which I know has concerns about the general rules of direction. I would like to reassure it, and I am sure the Minister will back me up. A number of ports already operate under general rules of direction, which must be consulted on fully before they are in place. If a competent harbour authority does not take note of responses to consultation, it could be subject to judicial review. I should like to meet the RYA—we need to get the clause right.

[The Parliamentary Under-Secretary of State for Transport (Stephen Hammond)]

I am listening to my hon. Friend’s request and would like to put it on the record now that I am sure I would be delighted to join that meeting.

[Sheryll Murray]

I am grateful to the Minister. When the association holds its events, it can have designated areas of the sea where those events will not be disrupted by other leisure users sailing through a regatta, for instance. I would be more than happy to meet members of the association.

I am confident that my Bill would benefit the UK maritime sector and I am grateful to the British Ports Association and the UK Major Ports Group, which have provided me with considerable support and advice on the Bill. The ports industry is one the UK’s hidden success stories. It is an incredibly competent, competitive and customer-focused industry that operates largely out of the public eye, because of its efficiency and the safety of its operations. Despite the lack of awareness of the ports industry, our whole way of life depends on its success. Some of the anomalies in the current maritime legislation that I seek to correct in this Bill may seem arcane, but I have tried to show that the industry that the changes will assist is far from irrelevant. I humbly ask hon. Members to support the Bill today.

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[Andrew Miller]

That is very important. I would suggest to the hon. Member for South East Cornwall, who has moved that the Bill receive its Second Reading, that, for the sake of clarity and ensuring absolutely no ambiguity, there is an argument that clause 2(1) should be gently amended in Committee to make things so clear that no court could misinterpret what the Minister and I—and, indeed, the hon. Lady—clearly understand to be the correct position.

[Sheryll Murray]

I can confirm to the hon. Gentleman that about three different wordings for clause 2 have already been received. We will certainly ensure that it is as explicit as possible to reflect the intention, which is for a specific vessel, in a specific port, for a specific time period.

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[Stephen Hammond]

David certainly did do well on his own. The key point that I re-emphasise to the hon. Gentleman is the obligation that harbour authorities, of whatever size, have to parties of whatever size to ensure that they have identified all those legally obligated and interested parties. I am prepared to look at that assurance again in Committee, but I think it is in place.

[Sheryll Murray]

Will the Minister give way?

[Madam Deputy Speaker (Dawn Primarolo)]

Order. You cannot have an intervention on an intervention. I would wait until Andrew Miller is back on his feet if I were you.

[Andrew Miller]

I was wondering where we were getting to with that point. I listened carefully to the Minister and I welcome that assurance. This is a question of language and whether there needs to be a stop-gap for circumstances where the port is not in public ownership. For publicly owned ports the line of accountability is through the ballot box.

[Sheryll Murray]

I apologise for that, Madam Deputy Speaker. The hon. Gentleman will know that this clause does not affect the open port duty, which provides that any harbour has to have open access for vessels to use the harbour, and to load and unload cargo and passengers. I hope that that will give him comfort that privately owned ports and harbours will not be able to use general rules of direction to prevent competitors from using port facilities.

[Andrew Miller]

The hon. Lady has put it succinctly and the Minister needs to consider the extent to which it is necessary to reinforce that by finding a way to express it in the Bill. It may or may not be necessary to do so; this may be sufficiently well established with the concept of open ports. However, as more ports become privately owned institutions the question is raised in my mind about fairness and equity in an important market.

Those were the two substantive points I wished to raise, although the Bill contains a lot more than just them. The hon. Lady has put forward some valuable and important propositions in the Bill. On that basis, I hope my points can be dealt with sensibly in Committee and that there can be consensus that meets not just the needs of the House but the broader opinions held outside it, including those of my constituents. I am extremely grateful to the hon. Lady for meeting me yesterday with the Minister’s officials and I am grateful to the Minister for his extremely helpful assurances about issues that concern people’s safety. We can progress on that basis and I hope we will see the necessary adjustments in Committee.

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[Jackie Doyle-Price]

The power of the port police, as opposed to any other supplier of security provision or support, is that they have the powers of a constable. The strength of that, and the support that we give to our police officers, speaks for itself. The port in my hon. Friend’s constituency has reserve powers to create a force if it so wishes, and I would encourage it to do so. My experience of the port of Tilbury police is that, given the amount of high-value commercial activity in a port, there is every opportunity for serious and organised crime, which requires the expertise and dedication of sworn-in police officers to combat that effectively. To be frank, it will give a level of service that contract providers such as G4S would never be able to provide.

[Sheryll Murray]

Does my hon. Friend agree that the Northern Ireland Assembly could introduce the same legislation as this to ensure that the two ports in Northern Ireland had the same powers?

[Jackie Doyle-Price]

I completely endorse that point. In many ways, over the years the port of Belfast police may have made more of a contribution to our national security than any of the other port police forces. The chief constable of the port of Belfast police wants exactly this measure for his force. I would thoroughly encourage the Northern Ireland Assembly and Ministers to engage in whatever is necessary to ensure that these legislative provisions are extended to the port of Belfast police.

The port police do other work in support of Government agencies. For a number of years, port police forces have supported the UK Border Agency in arresting illegal immigrants. We are all well aware of the stories over the years that we have read in our newspapers, particularly concerning Dover, but a number of incidents in Tilbury have also required the port police to arrest illegal immigrants. The port police also assist the Maritime Coastguard Agency by detecting offences contrary to regulations on the carriage of dangerous goods by sea. I emphasise that all this work in support of what the public expect from their police services in protecting the security of our kingdom is done at no cost to the taxpayer.

In practical terms, the legislation will allow the police officers to maintain their powers and privileges of the office of constable beyond the 1 mile jurisdiction. When they attend custody suites with prisoners they will be working on legitimate authority. As I have mentioned, we are aware of occasions when port officers have attended court and been asked to arrest persons. If they do so—and they have done so—they are acting outside the law, which is clearly in no one’s interests and needs to be addressed. Equally, when processing prisoners at custody suites outside their jurisdiction, strictly speaking it is illegal for officers to carry any personal protection, including batons and handcuffs, but if they were not to do that they would obviously be at risk. Again, we need to remove that anomaly.

This change will enable officers going to or returning from an incident to use their powers as constables to deal with crimes in progress rather than simply reporting it to the local force. Clearly, there is an efficiency for local forces if a port police officer can deal with a matter there and then instead of, as in my case, referring the matter to Essex police and waiting for an attending officer. That will enable them to be much more effective in supporting their local officers and will mean that, if called upon to support in a major incident, they will be able to act with the full confidence that they are not acting outside their powers. The important practical point is that it will enable officers to arrest suspects and carry out house searches for offences committed in the port but where the suspects live outside, because otherwise going to an address outside a jurisdiction would obviously mean working outside their authority.

Some Members might be a little nervous that we are extending the jurisdiction, but the existing jurisdiction is well below that of special constables and we should look at it in those terms. Also, the way my hon. Friend the Member for South East Cornwall has presented the relevant clause in the Bill means that the chief officer for the resident Home Office force will have the powers to rescind the right to operate beyond the jurisdiction of 1 mile if he is ever unhappy with the manner in which the port police are operating. The way the Bill is drafted brings no challenge at all to the chief constable in the Home Office force and allows us to maximise the complementary nature of port police officers. I know that the Department for Transport has consulted all the Home Office forces that would be affected by that and all chief constables were positive.

I hope that I have been able to persuade colleagues of the real urgency of tackling this anomaly once and for all, in the interests of security and public confidence in our policing. I hope that the Bill is given a Second Reading, notwithstanding the concerns expressed about other provisions, which I look forward to addressing in Committee.

[Sir Peter Bottomley (Worthing West) (Con)]

The House is grateful to my hon. Friend the Member for Thurrock (Jackie Doyle-Price) for sharing her expertise on the important work done by the police linked to harbours. We all agree that my hon. Friend the Member for South East Cornwall (Sheryll Murray) is doing a service to the nation and to those who use our harbours and ports. I will not repeat what we have heard about her expertise and involvement, but I pay tribute to her. I also welcome the hon. Member for Poplar and Limehouse (Jim Fitzpatrick), who we have heard was at the memorial service for our former colleague Malcolm Wicks, who was the kind of person who gave politics and political service a good name.

I have no intention of delaying the Bill and want to see it on the statute book. There has clearly been bipartisan agreement about it for some time. Its purposes are necessary and the changes are sensible. I do not think that there is a serous objection to anything in particular, other than the need to sort out what was not clear to the constituent of the hon. Member for Ellesmere Port and Neston (Andrew Miller), which is that clause 2(1) is an amendment to an Act that is very clear about the person who holds a pilot certificate or is recognised as a competent pilot for one or more vessels. That is a strong and necessary provision that is being continued. I pay tribute to the hon. Gentleman for raising the point about clause 5, which I will like to speak about shortly.

My maritime experience was gained when I worked my passage back from Brisbane to Liverpool, working 16 hours a day on a 7,000-tonne freighter. Given some of our experiences while crossing the Australian bight, I have a respect for those who go to sea in all weathers, especially on long journeys, and the fishermen who put up with whatever the weather throws at them. At some stage I might write half a chapter for my unread and unwritten autobiography about what can happen when 82 people are on a vessel for seven weeks. Nowadays there would be about 17 people, so half the things that happened would not happen now.

I also think that it is about time we got back to recognising—this is a brief diversion—some of our great maritime stories. I think that the works of Joseph Conrad should be brought back and given the same importance as the present Man Booker nominees, as should those of Somerset Maugham and Erskine Childers, who wrote “The Riddle of the Sands”, which, although written as a warning about possible threats of war, is I think one of the most evocative books ever written about the sea and about sailing, and certainly the most evocative I have read.

I welcome my hon. Friend the Minister to his responsibilities and congratulate him on how he has already approached these issues in being willing to intervene in the debate and to say that he will happily meet those with concerns about particular parts of the Bill. That will make a difference.

I am a life member of the Royal Yachting Association, partly to avoid its spotting how bad a sailor I am and saying that it will not renew my membership unless I take another course. The RYA knows perfectly well that when there is an issue that I think it has not got right, I will pursue it, as I did at the last annual general meeting; I pay tribute to how it has responded since.

We have to look at the reasons for its concerns. Nobody expects that the navigation or harbour authorities are going to do anything silly or daft. They carry out their responsibilities in providing navigation aids and controlling safety in and around their harbours in a way that is much appreciated, whether by leisure sailors, commercial traffic or the fishing industry. When I was agriculture Minister in the Northern Ireland Office, one of the happiest times I had was going out fishing from Kilkeel at midnight on one of those very calm nights when the water reflected the moon. Those who smoked had a fag and then pulled in their nets, and about 4 tonnes of fish were landed. It was one of those magical evenings where one can understand the allure of the sea.

My Friend the Minister may say, as no doubt his predecessor will have said before the change of Government, that if an authority is going to do something that is clearly irrational there is the opportunity for a judicial review. Whenever a port authority needs to make an emergency provision, no one is going to argue with its doing so—safety comes first, and there is usually a reason for it.

The issues that come up for consultation are those which will have permanent effect or might create a new criminal offence. There may be a judicial review if the authority, either by its own choice or because it is following a pattern created by other port and harbour authorities, is ignoring the legitimate interests of other people.

[Sheryll Murray]

It is intended that before any competent harbour authority introduced harbour revision orders or general rules of direction it would consult all users of the area. In Plymouth, the Queen’s harbourmaster has authority over the port of Plymouth, but we have two other major ports in Plymouth sound—Associated British Ports at Millbay docks, and Cattewater harbour, which takes in a tremendous amount of fuel to serve the south-west. We have Brittany ferries using the Millbay docks area, and we have our naval base and dockyard. I am absolutely certain that the Queen’s harbourmaster would not introduce any general rules of direction without consulting Associated British Ports and the Cattewater harbourmaster. In fact, they regularly sit on a committee called the Tamar estuaries consultative forum, which takes account of every interested party before starting to make any rules.

[Madam Deputy Speaker (Dawn Primarolo)]

Order. I appreciate that the hon. Lady is providing lots of information, but she is making an intervention, not a speech. However, I am sure that her hon. Friend is very grateful for the information.

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[Sir Peter Bottomley]

We are making progress, and I am grateful to my hon. Friend.

I assure my hon. Friend the Member for South East Cornwall that I will not take all that long, but to aid the process I point out that a number of individual authorities have obtained powers of general direction over the years, starting at the time of les événements, when the permissive society was invented in 1968. Such powers of direction have generally taken the place of byelaws. Unlike directions under clause 5, which harbour authorities could issue, byelaws have to be confirmed by the Secretary of State and are subject to what most people would regard as clear checks and balances in addition to consultation. The current byelaw process involves consultation, so there is nothing new about that. The consultation element is in place already and will remain. The question is about the checks and balances that exist. I am not thinking of accusing any harbour authority of having malevolent wishes towards recreational users or other classes of ship.

I pay tribute to what the RYA does in training young people on the water in motor vessels and sailing craft. It has become a better and better organisation that does more and more good for more people, and if other organisations could do the same thing by training up the young and helping them to become first assistants and then qualified instructors, there would be far more value and purpose among our people on land as well as at sea.

The RYA has become increasingly concerned in recent years about the potential of powers of general direction to be exercised indiscriminately and in a manner that is unnecessary and harmful to the lawful exercise of recreational and other rights. Not every campaign the RYA takes up is wrong—in fact, nearly every campaign I have seen it run was right, and I admire the way in which it works with the British Marine Federation. They provide in partnership, without overlap, a seamless approach to the law and the use of our waters.

Let me give a list of some of the questions considered by the RYA about the powers of general direction, and whether they are fully merited. There are some powers that everyone can accept, but whether they are sufficiently merited to be unqualified or without the moderation that I hope the Minister will mention is a matter for debate.

Making general directions involves the creation of new criminal offences, which local harbour authorities may be seen as ill-equipped to do. Even democratically elected local authorities, in their other roles, do not normally have powers to create criminal offences, and the Bill contains none of the supervisory safeguards usually imposed on law-making bodies. This may be political theology or philosophy, but why should a harbour authority be different from a local authority?

The powers of general direction can be seen as running counter to the Government’s localism policy by granting an unelected harbour authority law-making powers that are not subjected to democratic checks and balances and full transparency. Most of us could argue that because harbour authorities exist for a particular purpose, and because those who are appointed to harbour authorities are there to provide expertise and a contribution, we should not be too worried about that. One should put it on the record that those people are not democratically elected, and the localism agenda is not just about saying that we are not going to do things in Whitehall—or in my day, the Department for Transport on Marsham street—but that things will be done locally by locally elected people. I do not criticise the harbour authorities for not being elected, but there is a distinction.

Under the power, general directions could be made over the wide areas used by recreational and commercial traffic in a disproportionate manner, without proper risk assessment or consideration of the full implications or possible alternatives. They could be used to impose significant and potentially burdensome restrictions on the navigational use of recreational craft. Many harbour authorities have jurisdiction over substantial areas going out to sea, not just partially enclosed harbour areas. Again, I do not want any hon. Member who arrives late to the debate to think that I am attacking the harbour authorities. I am just asking what protections there could be, and whether we need a system in which the potential for things to go wrong could be anticipated and perhaps built into the legislation.

There have been past examples—this is not about harbour authorities and harbour revision orders—where some in government picked up the idea, wrongly in my view, that small recreational craft could start contributing to light dues. We all get the benefit from navigation, but how on earth do we get a person—me in my Mirror dinghy, or one of my sons, daughters or granddaughters in their craft—to contribute to that? There is a question of where to draw the line, but at some stage it must be drawn some way away from ordinary recreational craft that might, under this legislation, be regarded as ships.

[Sheryll Murray]

Does my hon. Friend agree that the measure in the Bill to allow Trinity House to become more competitive and raise its own income will to some extent relieve the burden of light dues on the industry, or at least prevent the annual increase?

[Sir Peter Bottomley]

Yes, and were this a slightly different debate I would be paying tribute to Trinity House for what it does.

I have two more points on this general issue. Prior consultation has been suggested by my hon. Friend the Member for South East Cornwall, and by our hon. Friend the Minister, but we must ask whether that is an adequate safeguard. Experience shows that across the public and private sectors, inappropriate or flawed decisions sometimes follow prior consultation. We can get things wrong, whatever hat we wear.

Because reference was made to judicial review, we must ask whether it is an adequate remedy against an objectionable direction when powers are expressed without significant limitations, as in clause 5. We can presume that any procedural or substantive illegality to provide for a cause for action is highly unlikely, and an authority could just say, “I’ve consulted. I’m not convinced. I’m not going change my mind.”

The adjudication procedure, which the Minister might talk about, could allow interested people to require, in limited circumstances, the harbour authority to obtain an independent report on issues arising before deciding to proceed, to ensure that the designated harbour authority’s case for the exercise of the power includes recreational interest concerns, and to ensure that it is fully explained and documented, and subject to independent and objective examination.

Clearly, the designated harbour authority would retain ultimate discretion and authority to proceed with proposed directions having considered the independent person’s report. A decision by the designated harbour authority would be open to legal challenge only if it is patently perverse to allow it to proceed, when the courts and judicial review become involved. The fact that concerns me is that the cost of formal legal proceedings and getting a fair hearing would act as a spur to persuade interested bodies, including the RYA and other stakeholder interests, to accept decisions. As I said earlier, if a direction is issued in an emergency, the consultation could not take place, although the procedure may be applied retrospectively if the direction given in an emergency or at short notice is likely to turn into a permanent or long-standing requirement.

I am advised that the procedure has been applied under the Broads Authority Act 2009, which is a precedent. Hon. Members are keen on precedents, although the House of Commons has “Erskine May”, which is full of things that had not happened before or that were blocked for the first time. A similar provision is included in the recently published draft Cowes harbour revision order, but the Poole Harbour Revision Order 2012 was made without such a provision, because, as I understand it, the Poole Harbour Commissioners objected to its inclusion. The RYA makes it clear that such a provision provides a worthwhile, and some would say essential, safeguard that ought to be applied more generally. I agree. The RYA expressed its concerns to representatives of the port industry and the Government before the 2010 general election in response to the Government’s consultation on a draft maritime navigation Bill in 2008.

Clearly, the Bill has been improved by that consultation, and I hope it will be improved as a result of my remarks. I am grateful to the House for listening to me with kindness, but more importantly, for listening with admiration to my hon. Friend the Member for South East Cornwall.

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[Sheryll Murray]

I thank hon. Members for the support I have received today on Second Reading. I wish to mention the contribution of my hon. Friend the Member for Congleton (Fiona Bruce), who is not in her place, on how the clauses on the port police will help not only coastal communities but inland communities. I hope that we have given the hon. Member for Ellesmere Port and Neston (Andrew Miller), who has long-standing experience in marine issues, the reassurance he needed that we will examine clause 2(1) in Committee.

My hon. Friend the Member for Thurrock (Jackie Doyle-Price) has superb expertise in the area of the port police, and I know that since she has been in this place she has worked extremely hard for her constituents to try to get something established. I hope that I will be able to draw on some of her expertise in Committee.

It was also good to hear from my hon. Friend the Member for South Basildon and East Thurrock (Stephen Metcalfe), who talked about the expansion of the port in his constituency. I hope we might be able to give him some assistance if his port decides to introduce its own port police force.

It was a privilege and an honour to hear from my hon. Friend the Member for Worthing West (Sir Peter Bottomley). He is a long-standing Member of this House with great expertise in transport and he spoke with knowledge as a member of the RYA. I gratefully take on board his suggestion and I hope that he, too, is reassured that we will consider in Committee the points he raised.

I thank the hon. Member for Poplar and Limehouse (Jim Fitzpatrick) and the Minister for their contributions today and for their support in taking the Bill forward.

In conclusion, I pay tribute to all those people who go to sea on big ships and little ships. They do so much to support our great island nation but they often do not receive the recognition they are due.

Question put and agreed to.

Bill accordingly read a Second time; to stand committed to a Public Bill Committee (Standing Order No. 63).