Sharon Brookes, Wiltshire Council’s Equality Officer, gave a presentation to the local mooring strategy meeting on 1st April explaining the duties of statutory bodies such as BW to carry out equality impact assessments of their policies. Under the Public Sector Equality Duty in the 2010 Equality Act, BW is required to do an equality impact assessment of the local mooring strategy. This includes an obligation to analyse the impact of new policies on human rights.
Posts Tagged ‘14 day rule’
Equality officer advises Mooring Strategy Steering Group
Thursday, April 7th, 2011Press Release 2: British Waterways
Sunday, April 3rd, 2011The following is a press release issued by British Waterways about the judgement in the case British Waterways v Paul Davies
1 April 2011
British Waterways welcomes today’s (31/3/11) Judgment made in Bristol County Court in which His Honour Deputy Judge O’Malley said he favoured BW’s interpretation of Section 17 of the British Waterways Act 1995 (relating to Continuous Cruising).Read more…
Mooring strategy meeting saves enforcer a long walk
Tuesday, March 22nd, 2011The sixth meeting of the Kennet and Avon Local Mooring Strategy Steering Group took place on 25 February. Damian Kemp confirmed that BW would be taking ongoing advice about carrying out an Equality Impact Assessment from the Equality Officers of Wiltshire and B&NES, Sharon Brookes and Samantha Jones. Plans were made at this meeting for the group to walk the towpath to consider possible mooring changes. The group established the definitions of some of the terms used by BW which had not been clarified, as follows:
The Continuous Cruising Myth
Wednesday, January 26th, 2011By Simon Robbins
That Continuous Cruisers are the main culprits when it comes to overstaying on visitors moorings is a myth that BW continue to perpetuate in order to justify differential charges and other targeting of Continuous Cruisers.
Many Boaters in the boating forums rail about Continuous Cruisers in this way too. I was therefore very relieved when a glimmer of reality pierced through the prejudice and outright bigotry one too often reads in such forums when one contributor bothered asking the question, “what’s the evidence”?
The answer is, NONE! Beyond that, when challenged, the evidence BW have supplied to date, seems to prove that very point!
As I said in my posting in the Canalworld string “Freeloaders?”
http://www.canalworld.net/forums/index.php?showtopic=35526
NABO did a Freedom Of Information request on this a few years back. We wanted to test the assertion that CC’r's are more guilty on overstaying than those with moorings. We asked BW about numbers of patrol notices issued and then asked them to look at the proportion of those notices that were issued against boats that had home moorings versus those that were Continuous Cruisers. The maths showed clearly that boats that had registered with BW as having home moorings we more likely per capita to attract overstay notices than CC’rs.
BW have never attempted to contradict our findings which were sent to them with an invite to reply if they dis-agreed or could show we had missed something. Another bit of NABO correspondence they never replied to!
Well catching up with old e-mails this morning, I came across a more recent set of evidence which seem to further confirm that BW’s rhetoric on Continuous Cruisers is just that, and does not stand up, even on with their own figures.
The Western end of the Kennet and Avon seems to be the focus for BW’s efforts at the moment and a boater’s Freedom of Information Request in Autumn 2010 again put paid to the false prospectus that BW are running.
BW says , ‘The number of boats on the Kennet and Avon Canal which have legal action pending – 152′.
When one comes to BW’s categorisation of the individual reasons we are told:
Licensing Enforcement – 119;
Mooring Enforcement – 15;
Overstay Enforcement – 7;
Continuous Cruising Enforcement – 8
Other – 3
If eight of the cases are classed as CC’rs does that mean the seven listed as Overstayers have home moorings? If so then again we see that boats with home moorings are as much of a problem a CC’rs.
Even if in slightly self-contradictory fashion, one assumed the seven ‘Overstayers’ were all CC’rs too, does the fuss and drama BW are making over the evils of continuous cruisers seem proportionate to the fact that BW can only show, on their own numbers, most generously interpreted, fifteen serious breaches of the ‘rules’ worthy of legal action on the K+A?
(The next question, one that was not asked but one wonders; how many of these fifteen cases are solid enough for Court proceedings to have been issued?)
The BW numbers seem to me to show pretty clearly that most Continuous Cruisers based on the Kennet and Avon are doing what they should be and that BW’s rhetoric cannot be about enforcement issues. Rather it seems to be an excuse to introduce differential charges and other sanction against Continuous Cruisers based on a rhetoric of prejudice which even BW’s own facts and figures do not support.
BW are basing a whole campaign of activities on a false premise. No wonder BW are in a mess when idiocy like this is allowed to prevail, apparently with the endorsement of the BW Board and Directors.
This article first appeared on Simon’s blog Liveaboard Forum:
http://liveaboard-forum.blogspot.com/2011/01/continuous-cruising-myth.htm
Liveaboard Forum Home Page:
http://liveaboard-forum.blogspot.com/
Local Mooring Strategy: Hire boat companies and liveaboards agree on way forward while BW tries underhand tactics
Sunday, January 23rd, 2011The fourth meeting of the Local Mooring Strategy steering group took place on 10 December. It was notable for the comments of the APCO rep that “existing legislation, consistently applied, would solve the problem… if we get ‘place’ right, we’ve done our job”. APCO, the Association of Pleasure Craft Operators, is the hire boat companies’ trade body. Many hire boat firms rely on liveaboard boaters for much of their skilled and unskilled workforce, and would encounter problems if their staff had too far to travel to work.
Local Mooring Strategy destroys trees
Tuesday, September 28th, 2010The first two meetings of the Local Mooring Strategy Steering Group took place on 26 August and 21 September. Boaters attended both meetings, and there were also representatives from NABO and the RBOA. Much of the discussion in both meetings focused on whether BW had the legal powers to impose the restrictions they wish, which they have set out in their new policies (see our previous articles on BW’s new policies http://kanda.boatingcommunity.org.uk/wordpress/?p=1014 and http://kanda.boatingcommunity.org.uk/wordpress/?p=1001 ). The Local Mooring Strategy has a very limited remit, basically being about where geographically to impose the new restrictions between Bath and Foxhangers. According to BW, the new policies are not up for discussion. Despite attempts to convince BW that the restrictions they want to impose will be unenforceable if they are not legal, the Chair, BW’s Sally Ash, said at the last meeting that she was not concerned with the law.
BW pledge to eliminate overstaying in two years
Thursday, July 15th, 2010An article in the August 2010 Waterways World quotes one of the BW Directors, Simon Salem, who said that in the past two years BW has more or less eliminated licence evasion and the task for BW enforcement now is to eliminate overstaying “within two years”.
Unfortunately Simon’s statement is contradicted by Sally “Foot in Mouth” Ash, who works in his department at BW HQ.
“I Never Give In To Bullies” – A Letter To BW
Sunday, June 6th, 2010Two years ago, BW proposed in a previous consultation to increase the licence fee for boats without a home mooring by £150. This plan provoked enormous opposition from boaters. One of the responses to that 2008 consultation summed up how many of us feel. We decided it was time to share this inspiring and angry letter with other boaters. Here is an edited version.
18/10/2008
Dear Mr Salem
I have read British Waterways’ response to the BWAF report on boat licence fees and this is my response to that. I live on a boat and have done so for 18 years, I am an individual and speak for myself and do not subvert that right to user groups, whoever they might be.
The points I take exception to, which I believe are the main purpose of the exercise, are those relating to the so-called ‘continuous cruiser’ which is the absurd name and concept applied to people who live on boats who neither need nor want a permanent mooring.