Yes, and were this a slightly different debate I would be paying tribute to Trinity House for what it does.
I have two more points on this general issue. Prior consultation has been suggested by my hon. Friend the Member for South East Cornwall, and by our hon. Friend the Minister, but we must ask whether that is an adequate safeguard. Experience shows that across the public and private sectors, inappropriate or flawed decisions sometimes follow prior consultation. We can get things wrong, whatever hat we wear.
Because reference was made to judicial review, we must ask whether it is an adequate remedy against an objectionable direction when powers are expressed without significant limitations, as in clause 5. We can presume that any procedural or substantive illegality to provide for a cause for action is highly unlikely, and an authority could just say, “I’ve consulted. I’m not convinced. I’m not going change my mind.”
The adjudication procedure, which the Minister might talk about, could allow interested people to require, in limited circumstances, the harbour authority to obtain an independent report on issues arising before deciding to proceed, to ensure that the designated harbour authority’s case for the exercise of the power includes recreational interest concerns, and to ensure that it is fully explained and documented, and subject to independent and objective examination.
Clearly, the designated harbour authority would retain ultimate discretion and authority to proceed with proposed directions having considered the independent person’s report. A decision by the designated harbour authority would be open to legal challenge only if it is patently perverse to allow it to proceed, when the courts and judicial review become involved. The fact that concerns me is that the cost of formal legal proceedings and getting a fair hearing would act as a spur to persuade interested bodies, including the RYA and other stakeholder interests, to accept decisions. As I said earlier, if a direction is issued in an emergency, the consultation could not take place, although the procedure may be applied retrospectively if the direction given in an emergency or at short notice is likely to turn into a permanent or long-standing requirement.
I am advised that the procedure has been applied under the Broads Authority Act 2009, which is a precedent. Hon. Members are keen on precedents, although the House of Commons has “Erskine May”, which is full of things that had not happened before or that were blocked for the first time. A similar provision is included in the recently published draft Cowes harbour revision order, but the Poole Harbour Revision Order 2012 was made without such a provision, because, as I understand it, the Poole Harbour Commissioners objected to its inclusion. The RYA makes it clear that such a provision provides a worthwhile, and some would say essential, safeguard that ought to be applied more generally. I agree. The RYA expressed its concerns to representatives of the port industry and the Government before the 2010 general election in response to the Government’s consultation on a draft maritime navigation Bill in 2008.
Clearly, the Bill has been improved by that consultation, and I hope it will be improved as a result of my remarks. I am grateful to the House for listening to me with kindness, but more importantly, for listening with admiration to my hon. Friend the Member for South East Cornwall.
1.27 pm