It must be a ‘stuck indoors’ day today as after my early morning perusal of the forum I thought to actually have a look at this Marine Navigation Bill and see what the furore is all about. It made stunning reading... twice even, as I searched for something that might have caused such a heated reaction from the suits in the RYA. Now, although I have had some law input in a previous life, I am struggling to find quite what the problem is with it? Can anyone (whose life is as sad as mine!) advise me what it is we are being asked to object about? - or is it that I’ve just wasted several hours of my life reading the wrong Bill!?
Its main thrust seems to be aimed at at Pilots, Harbour directions and closures, Port Constables, Lighthouse authorities, Manning of ships and Marking of wrecks. Etc. all of which seems eminently sensible and, sadly, boring!
Aha, thinks I. Something about Port Constables, that’s worthy of further research - has the Old Bill been tasked to swoop on those with a fluttering Swallow Boats Pennant, who, no doubt, are all shady characters worthy of further scrutiny. Or is the consumption of alcoholic beverages BEFORE the sun is over the yard arm causing the yobs of the yachting fraternity to be binge drinking on the quayside, annoying the wealthy tax dodgers parked up in their gin palaces. But no, again sadly not. It appears they just want to extend their jurisdiction to that immediately over the curtilage of the Port.
It seems to me, after not particularly extensive research. that the only topic that might effect the recreational user and cause this assumption that our ports and harbour authorities are going to make up their own laws and bang up anyone they don’t think suitable to grace their very expensive bit real estate, is that they are being granted powers to set their own speed limits and safety measures, without going having to recourse back to Government to make the laws - which can apparently take 6 - 8 years to get through. Surely this is in everyone’s interests and keeps down the dreaded jet ski brigade and makes any safety direction they have created actually enforceable. Surely not a bad thing? You will know that this has in fact, been in operation for some time already and the Bill is just legalising this?
There is further blurb on the Bill imposing national standards for Pilots and Harbour Masters which might be of some concern to professional seamen, but not really to us as an amateur yachting assocation. It also ‘deregulates’ the harbour authorities to be answerable to Govt ‘as to the exercise of their functions in the interests of public safety’. The ‘voluntary’ Port Marine Safety Code which they say is working well and the Govt are taking away the requirement to make this a staturory document. Again, is this such a bad thing?
I fear the RYA is sensationalising - not to mention making a Genoa out of a Storm Jib - by saying they are creating ‘criminal offences’ (the defination of that alone is a very grey area), any offences committed will be summary offences, certainly none will be recordable or have a power of arrest (by the poor old Port Constable) attached. They further say there will be ‘no redress’. Not so I suggest, any such offences would be dealt with by a local magistrate in the normal manner with all the safe guards and considerations you would expect.
Maritime UK, who seem to be similar to the RYA of the 'professsional shipping, ports and maritime business’ state that the legislation ‘appear to be sensible deregulation and tidying up of existing legislation, and in some cases reflect existing practices’.
It’s quite likely that I am barking up the wrong main mast, but unless someone can advise me to the contrary I shan’t be objecting to this.
Or is this yet another case of ‘if it’s a Tory led Bill then it’s bound to have a secret agenda to hit the so-called most vulnerable in society then we must fight it even if we don’t have a clue what it is all about’ ?!!
Any one else with any thoughts on this? .. No? Don’t blame you really ...
Andy and ‘Psalter’
