Monday, July 11, 2011

New waterway charity seeks 'draconian' enforcement powers says boat dweller's group

Up to 10,000 boat dwellers could be made homeless when British Waterways transfers to charity status according to a boat dwellers campaign group who are calling for MPs to reject an amendment to the Public Bodies Bill that would increase BW's law making powers.

The National Bargee Travellers Association claim that Amendment 99A to the Public Bodies Bill, which comes up for its second reading on 12 July 2011, would give 'draconian' enforcement powers to the new charity — and such powers should only be held by an accountable public body.

Greater powers to make law — little public scrutiny 

In a briefing document to MPs the NBTA say that BW currently has the power to promote private acts of parliament and byelaws — but Amendment 99A will give BW the power to make Statutory Instruments. This would give them the power to make 'subordinate legislation' with greater powers to make law than now with very little parliamentary or public scrutiny.

The NBTA say that since 1990 BW has tried to get powers to criminalise people living on boats without a permanent mooring despite the 1995 British Waterways Act that requires no long-term mooring. At a British Waterways board meeting in January this year the directors agreed to seek greater enforcement powers on the back of the Public Bodies Bill.

The NBTA cite the the House of Lords Delegated Powers and Regulatory Reform Committee report of the 7 March 2011 which expressed concern about the BW amendment saying: “Especially in the absence of a convincing explanation, it is not appropriate for an existing power, to make subordinate legislation, to be transferable to another unidentified body.”

BW 'out of control' 
"British Waterways appears to be already out of control," says the NBTA, "and is acting in excess of its existing powers by carrying out summary evictions that violate the Human Rights of boat dwellers. These new powers will make BW unstoppable in its effort to oust residential boaters — so lobby your MP to vote NO to Amendment 99A."



Previous stories on this topic:
BW must review Continuous Cruising Guidelines following K&A court case
Court finds in favour of BW in K&A Continuous Cruising case

3 comments:

  1. "The power to dispense with and suspend laws ... was denied to the Crown and its servants by the Bill of Rights 1688" so how then can BW within a legal jurisdiction motion administrative-law to revoke the peoples inalienable constitutional right to live and travel freely? How!?

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  2. Our constitutional laws prohibit assertion or accumulation of absolute power but using your common sense and community standards I ask, are BW's recent attempts at getting more ‘legal’ / ‘authority justifiable to you the people?

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  3. Ashby v White in judgement 14th January 1704 Holt CJ:- 'If the plaintiff has a right, he must of necessity have a means to vindicate and maintain it, and a remedy if he is injured in the exercise or enjoyment of it; and indeed it is a vain thing to imagine a right without a remedy, for want of right and want of remedy are reciprocal.” Ubi jus ibi remedium (where there is a right there is a remedy).' but what ‘rights customs liberties’ do you believe you have?...

    ... I HAVE A RIGHT TO LIVE AND TRAVEL FREELY AS MY REMEDY IS THE LAW. WHEREAS YOU BW ARE A REGISTERED TRADED CORPORATION WITH MERELY LEGAL POLICY AS AID. WHEREAS WE THE PEOPLE ARE SOVEREIGNS WITH A CONSTITUTION TO PROTECT AGAINST ANYONE DISHONOURING OUR EQUALITY!! TREASON WE CALL IT!

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