Clause 8 (Hansard, 24 June 1968)

§ The Minister of State, Welsh Office (Mrs. Eirene White)
I beg to move, That this House doth agree with the Lords in the said Amendment.

Mr. Deputy Speaker
It might be convenient to the House to consider at the same time the following Amendments:
No. 7, in page 10, line 34, leave out from "effect" to end of line 35 and insert: 146 where any authority so consulted withhold their consent No. 10, in Clause 12, page 13, line 40, after "with" insert: and seek the consent of, any river authority having functions relating to the sea or other waters in question and of No. 11, in Clause 12, page 13, line 44, leave out from "effect" to end of line 45 and insert: where any authority so consulted withhold their consent No. 18, in Clause 14, page 16, line 43, after "with" insert: and seek the consent of, any river authority having functions relating to the river or canal in question and of No. 19, in Clause 14, page 17, line 3, leave out from "effect" to end of line 4 and insert: where any authority so consulted withhold their consent No. 44, in Clause 44, page 40, line 38, at end insert: 'river authority' means a river authority constituted by or under the Water Resources Act 1963 and the Conservators of the River Thames, the Lee Conservancy Catchment Board and the Isle of Wight River and Water Authority No. 46, in Schedule 1, page 42, line 7, leave out "object" and insert "withhold their consent"
No. 47, in Schedule 1, page 42, line 8, leave out: and the objection is not withdrawn and No. 48 in Schedule 1, page 42, line 10, leave out "objection" and insert "grounds for withhholding consent" all of which relate to the same point.

§ Mrs. White
We are greatly obliged. Although this seems to be a formidable list of Amendments, they deal in fact with two points only. One is in relation to river authorities and the other is the substitution of the words "withholding consent" for the word "object".
The effect of the Amendments is to require local authorities or local planning authorities when exercising their powers to provide facilities for water-based recreation in waters that are comprised in or bounded by country parks or national parks, or in arranging access to waterways brought within the definition of "open country" to consult with and seek the consent of any river authority having functions relating to the sea or other waters in question", 147 and of such other authorities being authorities which under any enactment have functions relating to the sea or other waters in question as the Minister may either generally or in any particular case direct. In other words, local authorities and local planning authorities now have to consult and seek the consent of all river authorities—not merely such authorities as the Minister may direct—in addition to such other authorities as the Minister may direct.
If the river authority or any other authority withholds its consent, the provisions of Schedule I will operate so as to provide that in no circumstances shall proposals be proceeded with unless the Minister so directs. In issuing any such direction, the Minister is obliged to consider the proposals and the reasons for withholding consent.
That covers all the Amendments down to No. 44, which is a definition of "river authority" and is necessary to cover the references in the earlier Clauses. When these Amendments were accepted in another place, at one moment there was some slight apprehension on the part of the County Councils Association and the Rural District Councils Association that they might be at some disadvantage. However, I can assure the House that, after some correspondence, they have expressed their complete satisfaction with the proposed Amendments, which I hope the House will agree we should accept.

§ Dame Joan Vickers (Plymouth, Devonport)
I am grateful to the hon. Lady for moving the acceptance of these Amendments, because I was very interested in them during the Committee stage. However, I would appreciate some further explanation from her about the registration of boats. Will a local authority now have to ask the river authority before it registers boats?

§ Mrs. White
I know that the hon. Lady is very interested in the registration of boats. Clause 8 is concerned with sailing, boating, bathing, fishing, and all other matters connected therewith, and, as far as I can tell, I think that the matter which concerns her would be covered by these Amendments, though obviously not in particular detail. One does not have to consult about every in- 148 dividual boat. However, I think that the principle is all right.

§ Mr. David Gibson-Watt (Hereford)
Subject to what the hon. Lady has said about boats, we on this side of the House are glad that the Government have accepted their Lordships' Amendment which deals with river authorities. A number of my right hon. and hon. Friends made these points at various stages, and we are pleased with the speech that the hon. Lady has just made.

§ Mrs. White
I beg to move, That this House doth agree with the Lords in the said Amendment.
I suggest that it might be convenient if, with it, we were to discuss Lords Amendment No. 13, Clause 12, in page 14, line 23, at end insert "or section 9 of the Harbours Act 1964".

Mr. Deputy Speaker
So be it.

§ Mrs. White
This Amendment provides that, under Section 9 of the Harbours Act, 1964, the Minister of Transport may make orders prohibiting without his consent certain harbour works costing more than £500,000. It is most unlikely that any works costing this amount would be dealt with under the provisions of the Bill, but it is just conceivable that they might be, and the Ministry of Transport was anxious that we should make this provision, because the legislation may last for quite a long while and one cannot foresee all possible future circumstances.
There is a precedent in the Brighton Marina Act of this year.
It is felt that it would be safer to have this provision in the Bill and I therefore hope that the House will agree with the Lords in the said Amendment.