Posts : 481 Join date : 2008-04-25 Location : st.helens by the sea
Subject: more problems on the horizon December 6th 2012, 22:26
this might be a bit long winded but it could see the end to fishing in the river if it gets through Parliament marine Navigation (No. 2) Bill 2012
RYA is working to have an appropriate safeguard included in the Bill.
This Bill introduces various measures intended to reduce regulatory burdens on the ports and shipping industry, and improve safety for vessels in harbours and the seas around the United Kingdom.
It includes provisions governing pilotage, the management of harbours, and the powers and duties applicable to harbour authorities, port constables and the General Lighthouse Authorities.
While the RYA acknowledges the rationale behind most of the provisions in the Bill, we are greatly concerned that under clause 5 of the Bill an un-elected designated harbour authority would have greater power to create new criminal offences than does a democratically elected Local Authority.
Creation of criminal offences by an unelected body
Clause 5 of the Bill would confer on designated harbour authorities the power to give ‘harbour directions’ to ships (including recreational craft) within their harbours. Failure to comply with the direction would be a criminal offence.
The Bill creates no checks and balances to govern the exercise of power by individual ports and harbour authorities and no practical recourse or remedy for the review of inappropriate and unjustified directions.
In essence, the proposed power to create new criminal offences in clause 5 of the Bill contains none of the supervisory safeguards usually imposed in relation to law-making bodies in a democratic society.
What is the RYA doing?
The RYA recognises the need for harbour authorities to have the power to manage activities within their harbours for the benefit of all those using the harbour.
However, the RYA’s primary concern is that designated harbour authorities would be granted an unfettered power to make legally-binding directions.
Harbour authorities generally are not law-making bodies nor are they necessarily well-placed or adequately resourced to frame controls introducing new criminal offences.
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 and thereby safeguard any users of a harbour from unreasonable or unjustified criminal offences. We have yet to reach a mutually acceptable resolution.
The first formal iteration of the Marine Navigation Bill was proposed by the previous government in 2008.
You can read the Marine Navigation Bill (2) 2012 and the accompanying explanatory notes at the UK Parliament website and follow the latest debate on the Bill.
Image of the House of Commons Chamber; Speakers Table: Parliamentary copyright images are reproduced with the permission of Parliament
First published 22 November 2012
Dids
Posts : 49 Join date : 2009-08-29 Location : Golborne
Subject: more problems on the horizon December 7th 2012, 00:27
We can give our views there if anybody is interrested, it could be the end of recreational boating on the Mersey
keith g
Posts : 769 Join date : 2008-07-22 Location : litherland on top of the hill
Subject: Re: more problems on the horizon December 7th 2012, 07:31
hi Dave & Dids
thanks for the heads up and the link,,, have voted myself today,, i urge all anglers to use this vote now,, it closes 31 December 2012,, its your sport, so get of your ariss and protect it!!!!!!!!!!!!!!!!!!!!!! keith
mark a
Posts : 554 Join date : 2008-04-29 Age : 56 Location : New Ferry
Subject: Re: more problems on the horizon December 7th 2012, 08:37
just voted, more laws the better lol only joking Keith
keith g
Posts : 769 Join date : 2008-07-22 Location : litherland on top of the hill
Subject: Re: more problems on the horizon December 7th 2012, 11:35
hi mark,, thanks for the vote.. lets hope others do....
petep
Posts : 193 Join date : 2012-09-02 Location : that ther formby
Subject: Re: more problems on the horizon December 7th 2012, 14:29