No more powers yet

Published: Friday, 08 July 2011

THE National Association of Boat Owners (NABO) has now received assurances from British Waterways that there will be no new enforcement powers being sought when it changes to a charity.

The association states that boaters raised concerns over a minute in the January British Waterways Board meeting, where Allan Richards in narrowboatworld reported that:

'The possibility of introducing greater enforcement powers for British Waterways as part of the new legislation was also discussed and Mr Johnson agreed to report back on the subject to the May Board meeting'.

Raised concerns

The National Association of Boat Owners statement adds:

This raised concerns that British Waterways might be attempting to bring in additional legislation by the back door under cover of the NWC. (New Waterways Charity.)

British Waterways flatly deny this allegation: In a letter to all British Waterways Advisory Forum members, British Waterways Corporate Services Director Nigel Johnson, states:

"There is no intention (nor does the Public Bodies Bill permit) to create any new powers. The amendment is simply there to enable the effective and necessary transfer of existing powers from British Waterways to NWC."

Similar assurances

NABO has received similar assurances from Defra:

"I have seen Nigel Johnson's e-mail to BWAF members of 19 June and concur with his account of what we are trying to achieve through the Public Bodies Bill, and with the reassurances he has given you. BW has not asked the department for any enhanced enforcement powers through the Public Bodies Bill."

In a follow up letter to NABO, Nigel Johnson also confirmed to NABO that:

"The item you have noted from the minutes of the January meeting of the British Waterways Board was a query from one Board member at that meeting as to whether licensing enforcement procedures could be updated or enhanced using the Public Bodies Bill. My immediate answer was a ‘no' because...I also added that in my opinion there was no need for significant change to enforcement procedures."

Put boaters' minds at rest

NABO Council member for Mooring matters Simon Robbins stated:

"I think we are all glad that this has been cleared up and hopefully this will put boaters' minds at rest. What this episode does indicate is that relationships with some boaters are so low that we feel we have to seek written re-assurances on this sort of issue. It highlights the importance of improving communication and trust between boaters and British Waterways.

"We're grateful that our members and other boaters trust NABO to pursue concerns like this on boaters' behalf. We will continue to represent boaters concerns about issues that they bring to us.

"We are encouraged to hear that Mr Johnson seems to agree with NABO's long held view, that British Waterways' current enforcement powers are adequate for the job and no new powers are urgently needed."

Caveats

A response by NABO has now been completed to the consultation on A New Era for the Waterways, but there are some caveats, with particular emphasis being placed on the need for:

  • Real change in British Waterways
  • Boaters representation on the Council
  • Recognition of the role of boaters in supporting and paying for the waterways
  • A plan to address concerns for the maintenance backlog and funding.

From various sources it is however obvious that the British Waterways Board was considering attempting to get the new charity increased powers (hence the lack of Board minutes being forthcoming?) and it is accepted by many that it was our revelation that has prompted the 'assurances' given above, and that British Waterways was caught out.