Lymington River
Motion made, and Question proposed, That this House do now
adjourn. —[Mr. Frank Roy.]
6.58 pm
Mr. Desmond Swayne (New Forest, West) (Con): Through you,
Madam Deputy Speaker, I thank Mr. Speaker for allowing me this
opportunity to bring the question of the Lymington river to the
attention of the House almost a year after I first raised it.
Complex technical and legal matters are involved, so to dispose of
the business in the time available, there will have to be a measure
of simplification.
The mouth of the Lymington river is bounded by the Solent marine
conservation area, as designated by the habitats directive. The New
Forest district council coastal protection team believes that, at
the current rate of erosion, the salt marshes that constitute the
special conservation area will not survive another generation. In
1991, HR Wallingford was commissioned by the Lymington harbour
authority to investigate the erosion consequent on the existing
Wightlink ferry service between Lymington and Yarmouth. The company
reported the extent of the erosion and predicted that it would
continue, as has now transpired. The erosion had been noticed at the
time by the then harbour master, and I mention in passing that it
strikes me as extraordinary that the regulators were prepared to
live with that, rather than take action to deal with it.
Leaving that aside, a new horror has now arisen. Wightlink is to
replace the two ferries of the existing service with three, much
bigger ones. The new ferries—
It being Seven o'clock, the motion for the Adjournment of the
House lapsed, without Question put.
Motion made, and Question proposed, That this House do now
adjourn. —[Mr. Blizzard.]
Mr. Swayne: The new ferries have almost 76 per cent. more
water displacement, and the jet thrusters used to propel them have
almost 200 per cent. more horsepower thrust. Those jet
thrusters—quite different from the conventional screw
propulsion systems—are largely directed at the bed of the
river, gouging it up and leaving the spoil to have to be dredged and
dumped out by the Needles. In addition, they have 84 per cent. more
windage. Windage is a complicated term, but essentially it means
that for a significant amount of the time, those thrusters are
pointed directly at the banks of the salt marshes, leading to a much
faster rate of erosion.
To implement the new ferries, Wightlink believed that shore works
would be required so that they could be berthed and loaded. A
planning application therefore had to be made, and that application
will be determined by New Forest district council and the Marine and
Fisheries Agency. Those bodies will be guided in their determination
by Natural England, based on whether there will be any adverse
impact on the special area of conservation. The Marine and Fisheries
Agency decided that an appropriate assessment must take place to
establish whether there will be an adverse impact.
Mr. Andrew Turner (Isle of Wight) (Con): Does my hon. Friend
not accept that, owing to open port duty regulations, the only
reason that would prevent Wightlink from using the new ferries on
the Lymington river is
19 Nov 2008 : Column 335
that
they are unsafe? Despite extensive sea trials and investigations, no
evidence has been produced to suggest that they are, or that there
are any substantive environmental impacts.
Mr. Swayne: I thank my hon. Friend for that intervention,
although I disagree with that analysis. I shall explain why shortly.
I made it clear from the start that, for a number of reasons, I was
not satisfied with the appropriate assessment. First, it excludes
from the equation important areas of policy that will be affected,
not least the leisure yachting industry in Lymington, which has a
huge impact on the economy of Lymington, and the implications for
traffic through the New Forest national park consequent on the
greater capacity of the new ferries. In addition, under the
appropriate assessment, there would be no public consultation.
The collection of data for the appropriate assessment is being
carried out by the consultants BMT SeaTech, under the supervision of
the Lymington harbour commission in its attempt to design the safety
parameters in which the ferries can operate. However, hydraulic
measurements to establish safety are wholly different from the
hydraulic measurements that are needed to establish whether there is
an adverse environmental impact. I was never persuaded that the
right measurements would be taken, never mind how those measurements
would be interpreted.
My third reason for being suspicious of the appropriate assessment
arises from the way in which Natural England decided to interpret
the regulations. It seems to me that Natural England is measuring
“adverse impact” as incremental, additional damage—the
extra damage of the new ferries, over and above that caused by the
existing ferries. That runs counter to both the spirit and the
letter of the regulations. The existing ferry service is accountable
to article 2.2 of the habitats directive, which requires maintenance
and restoration of a favourable conservation environment. I do not
believe that that is happening, although it is supposed to be
happening now, while the existing ferry service is in place.
The new ferries constitute a plan or project under regulation 48 of
the Conservation (Natural Habitats, &c.) Regulations 1994. As
such, they need to be judged in their own terms, and not against the
old ferries, which do not constitute part of that plan or project.
As far as I am aware, the old ferries have a long life ahead of
them—at least another 13 years. For all those reasons, I
believe that a full environmental impact assessment is a better way
forward than an appropriate assessment. In that, I am supported by
New Forest district council, the elected local authority.
I thank the Under-Secretary of State for Environment, Food and Rural
Affairs, the hon. Member for Ogmore (Huw Irranca-Davies) for at
least keeping the door open to the possibility of an environmental
impact assessment. In his written answer to me of 13 October, he
said that
“a
number of related environmental issues need to be considered,
potentially with an environmental impact assessment.”—[
Official Report, 13 October 2008; Vol. 480, c. 938W.]
The Minister has left the door ajar; I want him to open it and go
through it, because the situation has changed
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Column 336
dramatically. On Monday, the Lymington harbour
commissioners were informed by Wightlink that it no longer requires
the shore works to which the appropriate assessment was attached.
Furthermore, it has judged that the ferries are safe to operate,
notwithstanding the fact that Lymington harbour commissioners are
still conducting the sea trials. Wightlink has therefore
unilaterally declared that it will implement the new service in
December, without asking permission from anyone.
Mr. Turner: That is what my hon. Friend does not seem to
understand; Wightlink is entitled to do so. It is entitled to use
the river whenever it wishes.
Mr. Swayne: I understand that; I just happen to disagree with
it, as will now unfold. Wightlink will pursue the option that I
mentioned without seeking permission from anyone. I ask the Minister
to perform two actions. First, will he make contact with his
ministerial colleagues in the Department for Transport to establish
fully the legality of what Wightlink is proposing to do, and what
the powers of the Lymington harbour commissioners are? If they do
not have the power to overrule Wightlink, there does not seem much
point in having harbour commissioners.
To come back to a piece of legislation to which my hon. Friend the
Member for Isle of Wight (Mr. Turner) drew my attention, my
understanding is that Wightlink believes that its absolute right to
use the ports is consequent on the Harbours, Docks and Piers Clauses
Act 1847. The Act was put in place to ensure that shipping could
continue to trade after the great storms that had washed away so
many of our harbours. Ships had moved further up river because of
the disappearance of the harbours, and many people were denying the
ships access.
I have been briefed on legal advice to the effect that under the
existing ferry arrangements, Wightlink is responsible for some
22,500 ferry movements a year, which stands well outside the
parameters of the 1847 Act. If Ministers were prepared to take the
matter to court, the Act would be overturned in respect of the port
of Lymington, as it has been for other ports, under existing case
law. That is the first action that I ask the Minister to take.
The second action is on the environmental impact assessment. Now
that the appropriate assessment option seems to have disappeared, I
should like him to initiate a full environmental impact assessment.
Notwithstanding the fact that there are now to be no shore works, I
have no doubt that the option of the environmental impact assessment
remains with him, because Natural England’s advice—based
on the legal advice that it was given—was that Wightlink
proposes a plan or a project, and the European Commission is clear
in its advice about the interpretation of the habitats directive. It
says:
“The
term ‘project’ should be given a broad interpretation
to include both the construction works and other interventions in
the natural environment”,
of which this is most definitely one.
I am not anti-ferry, and I want there to be a thriving ferry service
between the ports of Lymington and Yarmouth, because it is vital to
my constituents and to those of my hon. Friend. But a lot of fear
has been floating about, and people have been saying that Wightlink
has made it known that it does not intend to renew the safety
licences of the existing ferries after next spring—in other
words, Wightlink has said, “There won’t be a ferry
service unless you accept these new ferries.” It has
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Nov 2008 : Column 337
now gone further, effectively saying,
“It doesn’t matter what you do; we’re going to
implement the new ferries.”
The Lymington to Yarmouth route is a profitable monopoly. Wightlink
has invested a significant sum in the project, and I just do not
believe that there is any prospect of Wightlink walking away from
it. I therefore believe that we should call its bluff. Wightlink is
owned by Macquarie, which has form. It has gained the most
aggressive reputation for the way in which—how can I put it
charitably, Madam Deputy Speaker?—it pursues the interests of
its shareholders with a singular vigour, and it is time for
Ministers to call Macquarie to order.
I believe that, had there been a marine Bill, we would never have
been in this position, and I hope that there will be a marine Bill
in the Queen’s Speech, because it will certainly have my
support. We do not have a marine Bill, and we will not get one in
time for Lymington, but I believe that, under existing regulations,
Ministers have the power to act, and I am here tonight to ask them
to do so.
7.12 pm
The Parliamentary Under-Secretary of State for Environment, Food
and Rural Affairs (Huw Irranca-Davies): I congratulate the hon.
Member for New Forest, West (Mr. Swayne) both on the passionate and
extensive way in which he has set out the case on behalf of his
constituents, and on the way in which, since I have been a Minister,
he has been persistent, consistent and diligent on behalf of his
constituents on a wide range of related issues. As he said, he is
not necessarily anti-ferry, but he wants a proportionate way
forward, and to deal with very significant issues regarding the
potential environmental impact.
The debate is very timely because of the issues that the hon.
Gentleman has raised, and because of developments that I shall come
on to. By the end of my contribution, I hope to have dealt with all
his points and given clear and categorical assurances about what we
consider to be the way forward to reach the right outcome not only
on the environmental issues, which are close to the hon. Gentleman’s
heart, to those who have worked locally with him, and to my heart,
because it is a very beautiful and precious part of the world, but
on the economic and social interests that are linked to the ferry.
It may be helpful if, in part of my contribution, I set out how we
have got to where we are and how we can take the matter forward. I
shall also deal with some of the hon. Gentleman’s comments on
how the issue has developed in literally the past 24 hours. That
will also give me the opportunity to talk not only about the area
but about the Government’s commitment to protecting our
biodiversity—our variety of species and habitats. That is very
close to the Government’s heart as well as to his.
The hon. Gentleman mentioned that the salt marshes and mudflats at
the Lymington estuary are internationally designated as part of the
Solent and Southampton Water special protection area for birds. They
constitute a Ramsar site, and are part of the Solent maritime
special area of conservation; they are also part of the national
sites of special scientific interest series.
The harbour itself is part of a complex of sheltered, semi-natural
estuaries in the Solent, supporting a diverse
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Column 338
coastal ecology. The key features of international
interest are extensive salt marshes, supporting plants such as sea
lavender, sea blite and sea purslane. In addition, the extensive
mudflats and sandflats support marine invertebrates that provide food
for thousands of water fowl, which arrive each autumn to feed on the
rich food supply of the sheltered inlets marking the Solent
estuaries.
However, although, like the hon. Gentleman, we recognise the
significance of the nature conservation interest, we, like him, are
also aware of the socio-economic importance of Lymington harbour. We
are therefore keen for there to be a balanced and sustainable
solution to any problems facing the port. The harbour needs a
solution that takes into account nature conservation, landscape, and
archaeological and environmental issues, while securing the future
of the recreational and commercial activities that sustain the local
economy and enrich the lives of communities and visitors. We are
keen to support such a solution.
On the habitats directive and requirements under regulations, I
should say that development applications likely to affect European
protected sites need to be assessed under the habitat regulations;
there is a legal procedure associated with applications that may
have a significant effect on a protected site. The procedure
requires an “appropriate assessment” to be carried out
by the consenting body or competent authority. In relation to the
conservation objectives, that includes a detailed study of impacts,
mitigation measures and an assessment of alternative solutions. When
the assessment process suggests that there are no alternative
solutions, but there may be adverse effects on the protected site,
the development can go ahead only if it is judged that there are
“imperative reasons of overriding public interest”, or
IROPI, and if the member state—in this case, the UK—takes
all compensatory measures necessary. That is some of the background.
The hon. Gentleman mentioned Wightlink. The development proposal
affecting Lymington harbour is the subject of an application by
Wightlink Ferries. It wants to operate larger ferries from Lymington
harbour to Yarmouth, on the Isle of Wight. The enabling shoreside
works require consent, and through the consent procedure the need
for an appropriate assessment under the habitat regulations has been
triggered. The hon. Gentleman has been aware of and involved in that
issue. The appropriate assessment will include the effects of
changing from the existing ferries to the new W-class vessels.
As the hon. Gentleman will understand, it would be inappropriate at
this stage for me to comment in detail on the assessment or
speculate on its likely outcome. Only after it has been completed
will we have a complete picture of the likely effect on the
protected sites of operating the larger ferries.
Mr. Swayne rose—
Huw Irranca-Davies: The hon. Gentleman may not want to
intervene, as I will come in a moment to how the issue has
developed.
I turn now to the science and the appropriate assessment. The
competent authority has been in close contact with Natural England
over the scientific work needed properly to assess the impact of the
new ferries; as Minister, I have been keeping an eye on that issue.
The competent authority has consulted Natural England on the
different impact of the larger ferries. Without going into the
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Nov 2008 : Column 339
details, I should say that the
scientific work includes an initial assessment of whether the
existing ferries appear to be having any detrimental effects, in
order to assist in predicting whether the new ferry will cause
additional such effects.
The assessment includes consideration of mapping evidence to assess
changes to the navigational channel, consideration of sediment
movement and a review of other natural and anthropogenic influences
on the navigation channel. The work will also consider propulsion
and ship wash modelling and other effects likely to result from the
increased size of the new ferries.
Mr. Swayne: I do not complain that the Minister is dwelling
on the appropriate assessment, as I did so myself. However, is he
confident that the appropriate assessment will be completed? It is
tied to the application for the shore works. Wightlink is now
saying, “We don’t need the shore works and we’re
going to start next month without them.”
Huw Irranca-Davies: The hon. Gentleman makes a valuable
intervention. When I deal with the immediate issue before us, I will
refer to the need to ensure that the timeliness of any decisions
works for the balance of the environment and the economic
considerations.
In terms of the assessment, the requirements of the habitat
regulations will ensure that the adverse effects will be identified
and mitigating measures explored. The current position is that the
new ferries are undergoing sea trials under the management of the
Lymington harbour commissioners. This work is primarily aimed at
determining safe navigation and speeds, but valuable environmental
information will also be gathered. It is hoped that the appropriate
assessment will be concluded before Christmas. I am not in a
position to give any guarantee on that, but I am watching the
situation very closely. It is important to ensure that the
assessment is sufficiently rigorous.
I am sure that the hon. Gentleman would want me to record the
valuable input of the Lymington River Association. Although opposed
to the introduction of the larger ferries, it has, to be fair,
entered into a constructive dialogue with Natural England about the
scientific issues. Although it has not been possible to include all
the science that it has proposed, Natural England has pursued some
of its suggestions and is still considering others. I hope that this
valuable dialogue will continue in future, and I know that the hon.
Gentleman will encourage that. I understand that he has met
officials from the statutory agency, Natural England, to go through
the issues relating to the appropriate assessment. I sense from this
debate that he may still have some reservations about the scope and
timeliness of the scientific work, but I hope that this important
dialogue will continue.
Let me turn now to the wider environmental issues to explain some of
the background. I will come to the point about timeliness, but it is
important to explain why we have got to this position and some of
the ways forward. Several regulators have a role to play in a
proposal for a new development, including, in this instance, the
local authority, the local harbour commissioners and DEFRA’s
Marine and Fisheries Agency—the MFA. The MFA was asked to
license minor improvements to berths in Lymington harbour
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under the Food and Environment
Protection Act 1985. It was not apparent when the original
application for the works was submitted to the MFA that it could be
part of a wider process facilitating the introduction of these new
ferries. That information came to light only through subsequent
discussions between regulators, the applicant and stakeholders.
Since then, my Department, alongside the MFA, has continued to work
with other Government Departments, the Government office for the
south-east and regulators in order to address the issues that this
complex case presents within the regulatory regime.
I am grateful to the hon. Gentleman and his constituents for raising
wider concerns over the possible effects, including possible traffic
increases, the effects on local yachtsmen, and the environmental and
economic impacts. However, I note that, as with many issues of this
type, there are always at least two sides to every story. I
understand that many people at the other end of the ferry route, in
Yarmouth, feel that these ferries provide a lifeline for them to the
mainland. Many of them rely on the service for access to health
services, education and employment. We must also consider the
important social and tourism aspects and the economic benefits to
Lymington. Of course, the new ferries will comply with all modern
safety and operational standards, so we need to ensure that our
course of action is the right one.
The hon. Gentleman mentioned the marine Bill. I will not go into
great detail on that, but I think he is right to mention it, and we
will welcome his support when it is introduced. We are looking
forward to that. The Bill will bring in a new planning system
allowing for the creation of a much more integrated regime for
planning in the coastal zone—that is long overdue. It will
also provide for the designation and protection of marine
conservation zones. Together with European marine sites, MCZs will
contribute to the UK’s achieving, first among the nations, an
ecologically coherent network of marine protected areas. As the hon.
Gentleman says, that may not be in time, despite our best wishes,
but the marine Bill will have an impact in future.
I come now to the immediate issue before us. The proposal by
Wightlink to introduce new ferries in the near future seems, on my
first reflections, to be rather premature in the light of the
ongoing assessments, and I would suggest that Wightlink might
constructively like to reflect carefully before pursuing this
course. Although I am not aware of anything unlawful in this
proposal, Wightlink is a harbour authority as well as a commercial
company, and although I accept that its existing ferries may no
longer meet safety standards, and that it is waiting for a decision
on its application for consent to the enabling shoreside works, I
urge it to give due consideration to its responsibility for the
environment.
The regulators need to consider carefully the full implications of
any such action. There are general duties under the habitats
regulations that require Lymington harbour commissioners to have
regard to the requirements under the habitats directive when
exercising their functions and the commissioners would need urgently
to assess the position. Furthermore, it is of particular concern
that the company is contemplating the introduction of new ferries on
this route before the appropriate assessment under the habitats
regulations has been completed. We are not talking about a big
overlap of time in this case. Should the assessment, when completed,
show that the operation of the new ferries would have an adverse
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effect on the integrity of the
protected site, and that mitigation measures could not be agreed
with Wightlink, the Department for Environment, Food and Rural
Affairs and the other regulators would need to consider carefully,
and as a matter of urgency, any regulatory powers they have or might
need to exercise in order to fulfil the UK’s obligations under
the habitats directive.
I should point out that my officials have already met the Department
for Transport to discuss this case. I will instruct them as a matter
of urgency to explore further with that Department and other
regulators, including the harbour commissioners, the implications of
any such action. I will consider carefully any existing regulatory
powers that might need to exercised in order to fulfil the UK’s
obligations under the habitats directive.
I will not step over the mark tonight and outline the exact course
of action that I am likely to pursue, and I stress the balance
between the social and economic needs of the ferry service and its
responsibility, as a harbour commissioner, to the environment. After
reading the transcript of this debate—the strong and powerful
contribution of the hon. Member for New Forest, West, the
intervention by the hon. Member for Isle of Wight (Mr. Turner) and
my comments—I hope that Wightlink will take its
responsibilities seriously, consider the issue in the round and
recognise that an appropriate assessment is under way, through which
we are rapidly gathering the science to make an appropriate
decision. I hope that, on that basis, we can find a way forward and
that Wightlink hesitates before acting prematurely and rapidly
introducing the larger ferries. I hope it recognises that, although
it is a commercial operator, it has wider responsibilities.
I believe that there is a way forward. The debate has shown the
complexity of regulation in the marine
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342
environment. I feel strongly that—curiously—the
marine Bill is uniquely fitted in Europe to introduce a coherent and
integrated regime, which has the buy-in from stakeholders at the
earliest opportunity, and can consider such an eventuality in
future.
In the meantime, there is a regulatory framework, and work is under
way, in which the hon. Gentleman has not only been involved but
pushed along diligently. That is the way we need to proceed. That
would be my message to the constituents with whom the hon. Member
for New Forest, West has worked, to those who rely in his
constituency and that of the hon. Member for Isle of Wight on the
important economic link that the ferry constitutes, and to the
operator, who has an understandable desire to improve the service. I
also ask them to take their responsibilities seriously and work with
the agencies and regulators who are currently involved with making
the appropriate assessment. We can then determine the further action
that might need to be taken.
I thank the hon. Member for New Forest, West for raising the matter
in a timely fashion and for the way in which he did so. I urge him
to continue his close involvement with the issue and to keep
communicating with the Department directly. I hope he is reassured
that I, as a Minister, the Department and my officials are fully
engaged in the matter and keeping a close eye on progress. We want
to work with Wightlink and agencies in the area to ensure the right
outcome, which balances priorities in a beautiful, diverse and
environmentally important area of the coast.
Question put and agreed to.
Adjourned accordingly at twenty-nine minutes past Seven o’clock.