HC Deb 23 April 1991 vol 189 cc1040-1

Amendment proposed:No. 18, in page 22, line 32, leave out from 'areas' to end of line 33 and insert `inside the limts within which the authority's statutory powers and duties as a harbour authority are exercisable'.—[Mr. McLoughlin.]

Mr. Wallace

This amendment is the Minister's response to an undertaking that he gave in Committee to return to the House with an amendment that would clarify the extent of the harbour authorities' areas with regard to matters contained in this clause.

The potential problem arises because, under the Pilotage Act 1987 there are some matters that come within the ambit of the harbour authority, but only for the purposes of pilotage. In Committee, I tabled an amendment to clarify the point that for the purposes of this provision we should concern ourselves only with traditional harbour areas, not those covered by pilotage. Does the Minister think that this amendment clarifies that matter? It seems that the situation is left open, at least to some extent. Perhaps I should reverse the tables and suggest that he go away, consider the matter, and have the amendment that I tabled originally introduced in another place. I think that it clarified the situation more successfully than would any words from him. The Secretary of State will be actively involved in any decision under this provision. If the Minister can give the House an assurance that the legislation covers only the harbour area, not the area relating to pilotage, it may suffice.

Mr. McLoughlin

I can confirm that this amendment arises from the undertaking given in Committee to consider an amendment tabled by the hon. Member for Orkney and Shetland. The hon. Member's concern was to clarify whether the transfer provisions of part Ill of the Bill would apply to navigational aids in areas where a harbour authority had pilotage jurisdiction extending beyond its limits for other harbour purposes.

This question has raised unexpectedly complex legal issues. They have been discussed with advisers of the British Ports Federation, which originally raised the matter. I shall not attempt to burden the House with the legal arguments involved. The amendment is intended to reassure the British Ports Federation that the provisions of part III are aimed only at navigational aids currently provided by the general lighthouse authorities within—for want of a better term—normal harbour limits. I can also give an assurance that, quite apart from this amendment, there is no intention that any transfers of aids to harbour authorities will be made in areas where such authorities have pilotage-only functions. We accept that, as a general rule, navigational aids in pilotage-only areas will have some recognisable element of general navigational usage. In those circumstances, such aids should continue to be the responsibility of the general lighthouse authority.

I hope that that assurance satisfies the hon. Gentleman. If there is a problem, I shall be happy to look into it in greater depth.

Amendment agreed to.

Forward to