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Broads Authority Bill

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 to the issue of a boat licence? 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 agreement. It is no wonder that they are concerned. The wording of the earlier drafts of the Bill seems to have been instrumental in stirring up controversy, in particular the use originally of the term ““Broads National Park””. 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.