I find myself in complete agreement with John Coxon (Who are they kidding?), writes Allan Richards.
John suggests that the result of the latest consultation on licencing reform has already been decided and I agree. John bases his view on what happened in a past consultation. CaRT eventually admitted that it had published a falsified report but still refuses to explain why figures it made public directly contradict those provided to the board of trustees.
However, to my mind John’s view is also reinforced by CaRT’s failed attempt to get ministerial agreement to change the law relating to navigation without any consultation whatsoever back in 2023.
Transport and Works Act Order.
Transport and Works Act Orders (TWAO’s) are normally used for authorising railway or tramway schemes. However, they can also relate to the construction and operation of Inland Waterways. In the case of CaRT, a TWAO could be used to alter the legislation under which CaRT operates (i.e. the various British Waterways Acts and British Waterways Board General Bye-Laws).
Applications for a TWAO should follow a procedure that allows the Secretary of State to make an informed decision resulting in the order being 'made' (possibly with amendments) or rejected.
Guidance for proposers stresses the importance of pre-application consultations. Having a constructive dialogue can:
provide feedback on TWAO design
allay fears and suspicions based on a lack of understanding
help limit the number of objections once an application is made
Whilst the upcoming consultation will be far ranging, some of it will relate to changes in the law. From the above it will be seen that CRT needs to consult prior any TWAO application.
CaRT’s TWAO application
In May 2023, Tom Deards (Legal & Governance Director and Company Secretary) presented a paper to CRT’s board. It proposed an application for a TWAO to regularise ‘key aspects of legislation around the management of the Trust’s inland waterway network'.
The minutes of the board meeting add ‘It was noted that the scope of a potential Order under the [Transpot & Works] Act to make necessary changes, without the need for primary legislation and avoiding a full Parliamentary process’.
Six months later, Deards gained approval to make an application to Defra for an Order during the financial year 2024/25 and to obtain the Order during the following year.
Application failed
However, CaRT’s TWAO application failed for the simple reason that pre-application consultations had not taken place.
So here we are gearing up for another consultation where CaRT has already determined the outcome...