Middle Level Bill: Revival — House of Commons, 2017-10-17
Topic: Public Lands
Kevin John Foster (Conservative, Centre-right): There are ways of getting from the Middle Level to other waterways. It connects to some waterways that have much more modern systems of regulation. Most of it is below mean sea level, but my understanding is that it is possible to get boats into and out of other watercourses The Middle Level was built as a very large drain—that is the best way of putting it—but in its usage it has become more like a canal. Such waterways work very successfully in other areas of the country, but the problem with the Middle Level is that its ability to generate income is based on its original design and conception, rather than its modern-day usage. Following on from my hon. Friend’s helpful intervention, I will talk about the issues concerning the income for maintaining the Middle Level At the moment, the commissioners do not receive any income from the navigation of the waterways because of the virtual non-existence of commercial traffic. That has meant that monies raised through drainage rates and levies have had to be used to fund navigation, instead of for flood defences. In the financial year ending 31 March 2016, that unfunded expenditure amounted to £178,000. The commissioners therefore seek to update and clarify their powers to enable them properly to regulate and fund their waterways. For comparison, the powers sought are similar to those already used by other large inland navigation authorities, such as the Canal and River Trust, the Environment Agency and the Broads Authority. The commissioners consulted on their proposals between February and June 2016. They notified affected parties, including navigation interests, land drainage interests and local authorities. They published newspaper notices and placed details on their website. Some 23 responses were received, 18 of which were supportive, with three neutral and two opposed. Supporters included the Inland Waterways Association, the East Anglian Waterways Association, the Association of Nene River Clubs, the National Association of Boat Owners, the Middle Level Watermen’s Club, the Residential Boat Owners Association, the Association of Waterway Cruising Clubs and five local councils After the Bill was deposited, six petitions were received against it. They raise a range of issues to which the commissioners intend to respond in their evidence before the Opposed Bill Committee, but some significant work has already been done—assisted, I must say, by my hon. Friend the Member for Christchurch—to respond to many of the issues raised in the petitions. Likewise, work has been done to respond to concerns raised by Members on 29 March 2017, although I was pleased to note that the Bill then had the support of both Government and Opposition Front Benchers. There was a pledge to respond to the issues in the Opposed Bill Committee, but that Committee could not sit before Parliament was dissolved for the general election The six petitions deposited against the Bill were from individuals with varying interests in the navigation of the waterways forming the Middle Level, as well as from the March Cruising Club and the National Bargee Travellers Association. It should be noted that none of the operators of the private marinas in the Middle Level has objected to proposals to include their marinas within the scope of the commissioners’ regulatory powers. The commissioners met all the petitioners in July and August, and responded to each of their petitions in writing in September. One of the petitioners has indicated that he is now willing to withdraw his petition, but the irony is that he cannot do so until the Bill is formally revived. I am advised by the commissioners that, as yet, no other responses have been received It should be noted that although some of the petitioners did not accept during those meetings that there was a need for the commissioners to raise funds from navigation users, more were concerned that the fees should be predictable and affordable, and that the commissioners would guarantee to provide improved services and facilities in return for those charges. In addition, none of the petitioners, as is logical, took issue with the need for vessels to meet the standards of the boat safety scheme or to carry third-party insurance, as required by the Bill. Another problem with the age of the existing legislation is that it dates from before modern considerations of boat safety and third-party insurance The commissioners intend to give an undertaking, and to propose amendments to the Bill before the Committee stage, if the Bill is revived. They include setting up a users’ panel that would discuss an annual programme of maintenance and improvements before each year’s charges were set. The commissioners propose an amendment to clause 5(3) so that Well Creek is not closed to navigation between Christmas and new year. They also propose an amendment so that the person in charge of a vessel is not required to provide the names and addresses of others on board. If the Bill is revived, I am confident that the remaining outstanding issues will be appropriately considered by the Opposed Bill Committee. At that stage, both the commissioners and the petitioners will have the opportunity to give evidence supporting their cases before the Committee determines whether the principle of the Bill has been proved. In addition to the points I have outlined, I am aware that the commissioners, via their solicitors, have been in contact with the hon. Member for Cambridge (Daniel Zeichner) and my hon. Friend the Member for Christchurch to deal with a number of the individual issues that they have raised, which they may wish to set out again in this debate I hope my speech will satisfy Members to the extent that they will agree to revive the Bill. I accept that some users of the waterway are happy with an arrangement under which they are provided with a facility that others pay for, yet the current situation cannot be sustainable, and the provisions in the Bill reflect the system used to manage other waterways It is worth noting that locks have to be maintained to provide access to the system—if this was purely about drainage, the locks could be converted into weirs. In response to the query raised by my hon. and gallant Friend the Member for Beckenham (Bob Stewart), I confirm that it is possible to get out of the system via those locks. That reflects the fact that this is not just a big drainage canal that happens to have some boat usage, but a system—built for drainage, and funded as though it was drain—that is actually maintained to provide access for motorboats and particularly for pleasure craft, which at the moment contribute absolutely nothing towards its maintenance and do not meet some of the most basic standards. I hope that that explains to Members why the Bill needs to be revived The commissioners accept that any use of new powers must be proportionate, and that the Bill will not give them anything beyond what other waterways have. A sign of their good faith is that some of the outdated byelaws, such as the requirement for a mast, are not enforced on the Middle Level. It makes sense to clear up the system and to remove some of those things that merely clutter up the statute book and inconvenience the organisation. Finally, as I have said, there can be no sensible objections to measures such as the implementation of third-party insurance and a requirement that vessels meet boat safety standards. It is my great pleasure to commend the revival motion to the House.