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Promoting a Private Bill has not been a course of action undertaken lightly by the authority, but after years of discussion with government officials, it became clear that this is the only way to ensure that a series of important safety matters will be addressed. Many of the proposals in this Bill reflect those already implemented by British Waterways and the Environment Agency elsewhere, and which clearly need application in the Broads as well. The main purpose of the Bill is to obtain new powers for the Broads Authority to promote boat safety. The requirements of the Port Marine Safety Code as well as some specific incidents in the Broads make additional powers necessary.
There are a number of general provisions aimed at improving safety. For example, the Bill gives power to implement the National Boat Safety Scheme which already applies in waterways under the jurisdiction of British Waterways or the Environment Agency. It also gives power to introduce compulsory third party insurance for vessels; it gives powers to regulate better water skiing and wake boarding; it provides the authority with powers to deal with overhanging vegetation that poses a hazard to navigation. These necessary powers can be introduced on the Broads only by means of a Private Bill given the particular one-off status that the Broads possess.
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The Department for Transport has been consulting on a draft Marine Navigation Bill. It has not yet been allocated any parliamentary time but I mention it as it is likely to contain provisions allowing harbour authorities to make general directions. However, Defra, in its report on this Bill, states:
“There is no conflict between the provisions in the draft Bill and the Broads Authority Bill. In addition, the Broads Authority Bill contains specific provisions which would not be covered in the proposed Bill. Therefore, it would not be appropriate to await the outcome of the consideration of the draft Marine Navigation Bill”.
The major issue of principle raised by those with concerns about the Bill is that its provisions are an interference with the public right of navigation. They argue for the right to unhindered use of tidal waterways. But the public right of navigation is already qualified and legally restricted, both under common law and under legislation passed by this House. The objective of public safety is a legitimate ground for qualifying a public right, hence measures introduced for the protection of drivers and other users of public highways. Compulsory seat belts and the ability of local authorities to regulate the way in which roads are used are two examples.
The other main aim of the Bill is to update some of the provisions in the original 1988 Act. These include the removal of the necessity to have a separate navigation account dealing purely with navigation income and expenditure. This has proved administratively bureaucratic. It also cuts across the authority’s aim of having an integrated approach to the management of the Broads.
There is also some modest change in the Bill to the considerations to be taken into account with regard to the appointments made by the Secretary of State to the authority. Ten of the authority’s current 21 members are appointed by the Secretary of State. At present, three are appointed after consultation with boating interests; two after consultation with farming and land-owning interests. For the future, it is proposed that the Secretary of State must consult with conservation and land-based recreational interests as well as with the boating, farming and land-owning interests, and have regard to the desirability of ensuring an overall balance between all these interests when making such appointments. When the membership of the authority was reduced from 35 to 21 three years ago, English Nature, the Environment Agency and the Countryside Agency all lost places on the authority and so there was some reduction in the extent of the representation of such interests which this provision in the Bill will assist the Secretary of State to restore.
Since the first draft of the Bill was published in April 2006 there have been extensive consultations with all who have an interest in the Broads. This has led to many significant changes to the Bill. The national and local boating organisations—the Royal Yachting Association, the British Marine Federation, the Inland Waterways Association, the Norfolk and Suffolk Boating Association and the Broads Hire Boat Federation—are all in agreement with the range of provisions in the Bill as it now stands. It has been a great achievement to get that level of consensus.
Fourteen petitions against the Bill have been deposited in this House, of which 12 are from private toll payers—that is 12 out of 10,000 overall—and two are from
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The Broads Authority has got the correct balance between the rights of navigation and improved safety on the Broads for the benefit of all who use these waterways. The majority of the provisions in the Bill already apply to waterways elsewhere in the country and so, in some degree, this is a catch-up measure in relation to one of our great national assets. I commend the Bill to the House.
Moved, That the Bill be now read a second time.—(TheLord Bishop of Norwich.)
8.06 pm
Baroness Shephard of Northwold: My Lords, I congratulate the right reverend Prelate the Bishop of Norwich on the able way in which he has introduced consideration of the Bill. He has expressed admirably what the Broads mean to people in Norfolk and Suffolk and, of course, their national and international significance. Their management is of great importance, therefore, and their unique status, which he has also described, justifies close examination, the opportunity for which is being provided by scrutiny of the Bill.
The right reverend Prelate mentioned the opinion of the Norfolk County Association of Parish and Town Councils, in which I declare an interest as its recently appointed president. I think that he also said—I do not want to misquote him—that there was no complete parish within the area that contains the Broads. Of course, however, the way in which they are managed affects the environment and livelihoods of people living in that part of Norfolk and Suffolk and, indeed, one might argue, in the whole of those counties.
I am aware that many useful and helpful changes have been made to the Bill since its introduction and the right reverend Prelate has described the degree of consultation that has been undertaken by the Broads Authority. One of the most useful things to come out of the consultation has been the recognition, again on all sides, that the Broads are different in the range of their interests and their economy from other national parks and thus that arrangements made for their management should, in some respects, reflect that difference.
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I do not wish to impede the progress of the Bill because I know that the Broads Authority has worked hard to take account of the objections and concerns that have been raised during the consultation. However, noble Lords who have studied the fortunes of the Bill will know that from the beginning of its legislative journey real concerns have been voiced—not least in another place, where the Bill was twice blocked by objection—about the democratic deficit built into its governance arrangements. Indeed, the right reverend Prelate touched on those concerns. The Norfolk County Association of Parish and Town Councils has consistently lobbied for the Bill to include proposals for directly elected representatives of town and parish councils in the Broads area to the board of the Broads Authority. People in Norfolk and Suffolk, I think it would be fair to say, remain unconvinced that the Bill as it stands will enhance the accountability of the authority.
It is the case, of course, that the authority’s membership includes local authority appointees. They provide an important link with the community but they do not include representatives of the first tier of local government, nor are they directly elected. In another place the attention of Members was drawn to the contrast with arrangements put in place in the National Parks (Scotland) Act 2000 whereby 20 per cent of members of the national park authority were to be elected by a poll of those on the local government electoral register within the park area. I have already stated that the arrangements for the Broads are different from those for national parks pure and simple, but I question whether the difference should extend to the principle of accountability. Concerns about accountability have been raised not only in another place but by the Select Committee. I would be grateful to hear from the Minister what plans he might have to rectify the democratic deficit identified in the legislative passage of the Bill so far.
Incidentally, I welcome the Minister warmly to yet another manifestation. I wish him well in it. It is a big bracket. I feel certain that he will acquit himself in this role in just as distinguished a way as he has in the others in which I have known him—and that is, already, two in three years.
In the Third Reading debate in another place, Jonathan Shaw said:
“As a number of hon. Members have said, the Bill is not the appropriate vehicle to change the constitution of the Broads Authority ... I want to look at this across the piece to take account of the other national parks in England. I will therefore issue a consultation on the future of the constitution and the composition of the Broads Authority and other park authorities in England”.—[Official Report, Commons, 7/5/08; col. 802.]
The department’s website indicates a closing date for that consultation on 28 November, and I would welcome the Minister’s comments. Maybe, at this stage in his post, those comments will be speculation, but any comment that he cares to make will be welcome.
I would also welcome the Minister’s comments on quite how the outcome of the consultation in Norfolk and Suffolk—and indeed elsewhere in the country—for the governance of the Broads and the national parks will be affected by the Government’s proposals for the reform of local government in the same areas. Given that citizens in this country are not being given a say in this process on what kind of local government structure
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8.13 pm
Lord Glenarthur: My Lords, I, too, am grateful to the right reverend Prelate for his clear and helpful explanation of the powers of the Bill. Perhaps I should begin by saying that I have no personal interest whatsoever to declare. I live in the north of Scotland and was alerted to the Bill by a colleague who worked with me when I occasionally flew over the Broads about 25 years ago professionally.
What began to interest me most about the Bill is that it seemed when I first read it—and, on further examination of it, my mind has not changed—that it was largely unnecessary. If there is one thing that I always wish to challenge in your Lordships’ House, it is unnecessary legislation. None of us needs reminding of the already burdensome level of legislation with which we have to deal day by day.
The right reverend Prelate gave us helpful background on the nature of the Broads—the ribbon-like structure based on three rivers, rather than a single expanse of water. As he described, the traffic in earlier days was mostly commercial whereas now it is largely recreational. It is an area of outstanding beauty with a wide diversity of fauna and flora, much of it enhanced by the existence of the Broads Authority, the value of which, in terms of what has been done to enhance wildlife and flora there, has been appreciated by the yachtsmen who regularly sail there. However, the competing interests on conservation on the one hand and navigation on the other are the chief causes for concern and have caused the petitions to be put down. The Broads Authority already has the ability to enforce by-laws and issue directions and it has both the general and navigation accounts, which the right reverend Prelate referred to, to assist in this purpose.
One of the first things that puzzles me is that, if the Bill is largely about safety, the bulk of its contents seems to relate to additional controls over navigation in much the same way as would perhaps sensibly apply to commercial harbours. The Broads, however, are manifestly not a commercial harbour. I hope that when he comes to wind up, the right reverend Prelate—or perhaps the Minister—can give us clear statistics on safety issues affecting the Broads. How safe or unsafe are they, compared with other inland waterways? If they are safe, why are the additional measures necessary? Are there more accidents on the Broads than on other waterways, comparable or incomparable? What are the statistics that make the changes so necessary?
A boat safety scheme is already in place under the by-laws that can be generated by the 1998 Act. Is it really necessary to add complexity to what has apparently worked well for 20 years, with some 30-odd clauses in the Bill? To take insurance as one issue, would it not be much more sensible, and certainly much more straightforward, simply to make insurance a prerequisite of the issue of a boat licence?
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The Bill seems to demand that all aspects of navigation should come under the ambit of the Broads Authority, rather than continuing to rely on the current and apparently sensible, and certainly less cumbersome, method of changes to the by-laws, which already provide a forum for public scrutiny, debate and consultation not otherwise available to Broads toll payers. That point perhaps elaborates on the arguments that my noble friend Lady Shephard put before us on democratisation issues.
The Bill, however, goes even further. Clause 6 goes into some detail about the further directions that may be given by the navigation officer, a person appointed under Section 10(7) of the 1998 Act. What are the qualifications that the navigation officer must possess? What qualification should he possess in the future? Does the person now holding that appointment have the necessary qualifications? How will the qualifications apply to any person appointed by the authority to act as deputy, or one of several deputies, to the navigation officer?
So far, in the conversations that I have had about the Bill, I have not heard any clear explanation about why it appears necessary to introduce what many regard as extreme and inappropriate powers to control—and even possibly close—navigation. For what good reason does the Bill extend the executive area to private adjacent waters? One could be forgiven for thinking that this might simply be a way of raising revenue. With regard to Clause 36, I hope that the right reverend Prelate, when he comes to wind up, will be able to explain what is so special about Breydon Water that under the Bill it is in future to form part of the navigation area.
All that the Bill proposes seems to generate substantial extra cost through administration, IT systems, extra staffing and so on, let alone the maintenance of Breydon Water and any other waters that have to be included in it, because they have to be dredged. I hope that we can hear how those costs are going to be met. Will the funds come solely from the navigation budget? If so, what impact will that have on current dredging programmes?
The right reverend Prelate referred to the navigation and general accounts. Schedule 7 to the Bill amends the 1988 Act to merge the two accounts, but I found the explanation for it by the right reverend Prelate a little thin. I hope that he might be able to elaborate on it a little. We need explanation of the virtue of such a merger. What is the attitude of Defra to it? Perhaps the Minister can tell us.
I have the distinct impression that, when the Bill was first considered and drafted, there was perhaps not the fullest consultation with all those with whom it would have been wise to consult. Individual rights that have existed hitherto seem to have been turned on their heads and unprecedented levels of control over navigation are proposed. Side agreements appear to have been struck involving the Broads Authority, the Royal Yachting Association and the British Marine Federation, but the toll payers, who I understand—the right reverend Prelate confirmed it—contribute some £1.8 million to the maintenance of the Broads navigation schemes, are not to have representation in any side
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The competing interests of encouraging visitors and protecting the environment were recognised in Lord Sandford’s review many years ago. The Broads have a third goal of protecting navigation. I hope that the Bill is not trying to create a national park through the back door. If it is a gleam in anyone’s eye that this should be the case, it needs to be closely examined.
Like my noble friend Lady Shephard, I have no desire to see a Bill fall without thorough debate. I remember piloting a Private Member’s Bill through this House some 25 years ago. That was described as a “tender plant”. A private Bill such as this seems more tender still.
While sitting up in Scotland for the past couple of months, I have reflected on the concerns about the Bill that have been brought to my attention and I am afraid that there seems to have been a substantial breakdown of trust between the Broads Authority and the toll payer constituency, leading in many cases to the petitions that have been referred to. I hope that it is not too late to embark on a thorough round of consultation and that the Broads Authority will at least consider using its existing powers, or modify the Bill in some way so as to take account of the concerns that have been raised, to make sensible progress. I fear that, if that is not done, the result is likely to be both expensive and potentially divisive.
I hope that those points can be taken on board. We all think that the Broads are a marvellous part of the world and have to be nurtured in every sensible respect, but this Bill seems to go a little too far and to have caused great anxiety.
8.23 pm
Lord Walpole: My Lords, like my distinguished cousin, Lord Nelson, I learnt to sail on the Broads and have had a continuous interest in this unique area of England for more than 60 years.
Baroness Shephard of Northwold: Only in the Lords.
Lord Walpole: Indeed, my Lords. I support my friend the Abbot of St Benet’s, better known to your Lordships as the right reverend Prelate the Bishop of Norwich, in putting forward the Bill.
My interest is not just romantic and recreational. In 1977, I was chairman of the Norfolk County Council planning and transportation committee when the then Countryside Commission suggested that the Broads be a national park. We set up a steering committee that led eventually to the 1988 Bill and the creation of the Broads Authority. Many of us hoped that this would lead to a national park—at this stage, I must declare an interest as a vice-president of the Campaign for National Parks. The Broads Authority has done an excellent job, but it is time to move on and complete the job that we started.
I have some sympathy with the Norfolk County Association of Parish and Town Councils on direct election, but agree that, with the present uncertainty about the future of Norfolk and Suffolk local government,
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This is a complex subject. I reiterate the curious area that is covered by the Broads Authority: it is only part of 92 parishes, and no complete parish is included. Only some 6,000 people live in the area. I am not totally clear, therefore, how an election could, would or should take place, but I have some sympathy with the view that some elected members should be present.
I also emphasise the importance of the boat safety aspects of the Bill, which would require boats to have what one might call an MOT and third-party insurance. Over the years, I have had personal experience of many boating tragedies and know how important these measures will be for everyone. I remember, many years ago, the staff whom my parents employed going on a Broads cruise. A child fell overboard and was drowned. At the age of 13, I was absolutely shattered; I did not believe that that sort of thing could happen.
Many of us thought that the Act that went through in 1988 was a temporary solution, but it seems to have taken 20 years to start to improve it. That may not be a very long time in relation to the medieval peat-diggings that created the Broads, but it is quite long enough. Let us get on with it.
8.26 pm
Baroness Hollis of Heigham: My Lords, I apologise to the House for not putting down my name for the debate—I shall speak briefly in the gap—but I thought that I might be involved in Committee, which is why I did not. I support the Bill. Like others, I have interests to declare. First, like the noble Lord, Lord Walpole, I was involved in the early discussions that took the Broads through to something of a national park with the uniquely water-based arrangement that exists. Secondly, I have been a boat owner on the Broads for 25 years and am well aware of the dangers of the wash to the reed beds. I therefore think that I know the area as well as many.
As other noble Lords have rightly said, the Broads are an arena where conflicting interests converge and contest for space. They include boat owners, but also sailing versus motor, which is one of the reasons for the issues arising over Breydon Water, as I am sure the noble Lord, Lord Glenarthur, will appreciate. There is a problem of the holiday trade; there is a problem of fishermen, which has not been mentioned and which can lead to issues for both them and boat users; there is the problem of birdwatchers; there is the problem of farmers; there is the problem of the concerns of environmentalists. I remember being shocked as a fairly new Norwich city councillor when I was told by a farmer in the area that the Ministry of Agriculture, Fisheries and Food was offering grants to drain the Broads and that, simultaneously, the Department of the Environment was offering grants to farmers not to take up the grants from the Ministry of Agriculture, Fisheries and Food. That suggested that joined-up government was long overdue.
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