The Marine Navigation Bill will give any Harbourmaster the right to make and enforce regulations without any further recourse. The quotation below is from lifted directly from the RYA link: -
...on government proposal to give unrestricted power to harbour authorities
The Marine Navigation (No.2) Bill is currently going through Parliament. Through the Bill the Government is proposing to extend harbour authorities’ power to create criminal offences without making that power subject to the safeguards, checks or balances which are normally applied to law-making bodies.
Without any form of appropriate safeguard, a harbour authority would have the power to introduce a regulation that users of that harbour (including recreational boaters) would have no right to challenge.
At odds with established democratic principles
This would be at odds with the established democratic principles that govern law-making in this country. Currently harbour authorities have the power to create criminal offences in bye-laws to assist them in discharging their safety management responsibilities; but such bye-laws must be approved by the Secretary of State in the same way as the bye-laws introduced by a democratically elected local authority.
The RYA’s Cruising & Government Affairs Committee (CGAC) has resolved that the RYA should tackle the Government on this issue. CGAC is a sub-committee of the RYA Council, which is the lead policy-making body elected by members of the RYA.
Must be subject to appropriate safeguards
Gus Lewis, RYA Head of Government Affairs “We believe that if designated harbour authorities are to have extended power to manage their harbours then this power should be subject to appropriate safeguards, checks and balances which are normally applied to law-making bodies.
“We have been working over the past few months to have this aspect of the Bill amended in order to provide for an appropriate safeguard to govern this power and we continue to work with the Department for Transport and the ports sector on this issue but unfortunately to date we have not been able to reach a mutually acceptable resolution. Government seems unwilling to acknowledge the wider implications of its proposal”.
This Bill has been pushed through the House of Commons at unusual speed and is expected to be considered by the House of Lords in January 2013.
Bill is step too far
The RYA has met several times with the promoter of the Bill, Sheryll Murray MP, the Shipping Minister and his officials in an effort to agree on a mechanism that would provide appropriate checks and balances to safeguard any users of a harbour from unreasonable or unjustified criminal offences.
In addition the RYA has drafted amendments to the Bill which we believe would give harbour authorities the power to discharge their safety management responsibilities and provide safeguards that would protect users.
“We agree that it is important for harbour authorities to have the power to manage the boating activities taking place within their harbours for the benefit of all those using the harbour. However, this Bill, as drafted, is a step too far and provides no practical recourse or remedy for the review of inappropriate and unjustified regulations” continues Gus.
The link also gives you an ability to challenge or accept the Marine Bill using the RYA web site. The RYA are gathering this information to challenge the undemocratic practises being proposed in the Bill. Time is of the essence here as the comments have to be in by the end of the year, the bill is on its way through the Lords now.
It is not beyond the bounds of possibility that a Harbour Master of a large area (Firth of Clyde and Thames) could impose a regulation requiring registration of yachts and an annual fee to be paid for keeping a yacht within their jurisdiction.
I think that there is a very deliberate plan behind this act to raise revenues.
Silkie wrote:They all go to the same thank you page but I'm sure we can all find the voting page for ourselves.
The one I posted above should go to the start of survey page provided you haven't already filled it in. If you have filled it in then yes, it will go to the same page.
Yup, done that, naughty bit of sneakyness from a government that promised to reduce red tape. Yeah, by simply giving unbridled powers to unelected quangos! Nice one, "Call me dave!"
BlowingOldBoots wrote:It is not beyond the bounds of possibility that a Harbour Master of a large area (Firth of Clyde and Thames) could impose a regulation requiring registration of yachts and an annual fee to be paid for keeping a yacht within their jurisdiction.
I think that there is a very deliberate plan behind this act to raise revenues.
Me thinks harbour masters could have a very busy schedule if they want to breathalyse everyone they suspect of having had a drink on the Clyde.
Jeez can you imagine giving the fine harbourmistress at Tarbert those sort of powers
I actually tried to read the bill and its accompanying explanations. As I read it, and I wouldn't guarantee I'm right, the draconian powers apply only to England and Wales. The soon to be free democratic republic of Alba will still need ministerial approval for the diktats of any megalomaniac harbour masters.
