george monbiot - we have no right to our rivers while richard benyon's interests are served
TRANSCRIPT
-
7/28/2019 George Monbiot - We have no right to our rivers while Richard Benyon's interests are served
1/25
We have no right to our rivers while RichardBenyon's interests are servedThe environment minister is being permitted to oversee a highly sensitive issue in which he
has an active proprietorial stake
Posted byGeorge Monbiot
Thursday 4 April 2013 13.43 BST
Richard Benyon 'repeatedly wields his power in ways that promote his
own interests'. Photograph: Chris Ison/PA
Nowhere in Britain is power more concentrated
than in the countryside. Some people claim we
have the second lowest distribution of land in the
world, after Brazil.
Because - thanks to the resistance of the landlords
- there is no comprehensive record of who owns
what, we can't be completely sure. But in 2002
Kevin Cahill's book Who Owns Britain and
Ireland estimated that 69% of the land is owned by
0.6% of the population. It has intensified since
then: government figures show that between 2005
and 2011 the number of landholdings in England
has fallen by 10%, while the average size of
holding has risen by 12%.
http://www.guardian.co.uk/profile/georgemonbiothttp://www.amazon.co.uk/Owns-Britain-Ireland-Kevin-Cahill/dp/1841953105http://www.amazon.co.uk/Owns-Britain-Ireland-Kevin-Cahill/dp/1841953105http://www.defra.gov.uk/statistics/files/defra-stats-foodfarm-crosscutting-auk-auk2011-120709.pdfhttp://www.defra.gov.uk/statistics/files/defra-stats-foodfarm-crosscutting-auk-auk2011-120709.pdfhttp://www.defra.gov.uk/statistics/files/defra-stats-foodfarm-crosscutting-auk-auk2011-120709.pdfhttp://www.amazon.co.uk/Owns-Britain-Ireland-Kevin-Cahill/dp/1841953105http://www.amazon.co.uk/Owns-Britain-Ireland-Kevin-Cahill/dp/1841953105http://www.defra.gov.uk/statistics/files/defra-stats-foodfarm-crosscutting-auk-auk2011-120709.pdfhttp://www.defra.gov.uk/statistics/files/defra-stats-foodfarm-crosscutting-auk-auk2011-120709.pdfhttp://www.defra.gov.uk/statistics/files/defra-stats-foodfarm-crosscutting-auk-auk2011-120709.pdfhttp://www.guardian.co.uk/profile/georgemonbiot -
7/28/2019 George Monbiot - We have no right to our rivers while Richard Benyon's interests are served
2/25
-
7/28/2019 George Monbiot - We have no right to our rivers while Richard Benyon's interests are served
3/25
national asset: the waterways that by right surely
belong to everyone and no one.
Now here's where it gets interesting. The
landowners seem to be asserting a power to
exclude that they do not possess. Going back to
the 15th century and beyond, there appears to be
a general right of navigation on all rivers. As the
campaign River Access for Allpoints out, this right
was tested in the high court in 2002(Josie
Rowland v Environment Agency, case number HC
0102371.) Mr Justice Lightman ruled that the:
"Public Right of Navigation [PRN] may only be
extinguished by legislation or exercise of statutory
powers or by destruction of the subject matter of
PRN eg through silting up of the watercourse."
As no such legislation has been passed, the public
right of navigation remains in force. But because
landowners and their tenants do not recognise this
right, everywhere but on the 3% of rivers where ithas been formally conceded, canoeists, kayakers,
swimmers and the rest of the public are barred by
threatening signs, barbed wire and intimidating
men insisting that they are trespassing.
Canoe England, which is also campaigning for
access, stresses that it is not asking to navigate
every mile of brook and stream. Though canoeing
has very little impact on the environment, there are
a few places of particular sensitivity where it could
be detrimental.
But the general claim the landowners make, that it
damages fisheries, is incorrect. Astudy for the
Environment Agency concluded that: "the
consensus opinion of the assembled panel of
experts is: 'Canoeing is not harmful to coarse or
salmonid fish stocks in rivers'."
But the evidence is of little interest to those who
refuse to share the rivers: it's not, in reality, about
the sensitivities of fish; it's about excluding the
great unwashed from their preserves. This is
particularly the case on rivers used for very
expensive trout fishing, though such sentimentsalso infect more popular clubs. TheAngling
Trustlobbies politicians to prevent the recognition
of wider rights of access. It is well-placed to do so:
its national campaigns co-ordinator is the former
MP Martin Salter.
I suspect that on this issue and on others the trust
is an embarrassment to some of the anglers it
claims to represent. I have met plenty of fisherfolk
who have both strong democratic instincts and a
great love of wildlife, positions the Angling Trust
does not appear to share. I wonder how many
would support, for example, the trust's demand that
the government should "authorise the trapping and
lethal control" of any beaversspreading from
Scotland into England. (Beavers were native to
these isles until they were hunted to extinction a
few centuries ago and have now been reintroduced
in two areas in Scotland). I wonder how many
would endorse its ecologically illiterate claim that
beavers are bad for fish. Studies in both
Europe and North America show that theirpresence
in rivers boosts fish populations, as they create
shelter and habitat.
As a keen angler and a keen canoeist I have, so to
speak, a foot in both boats. I've fished in many of
the rivers of Britain, including those frequented by
kayakers and canoeists. And I have kayaked onquite a few of them as well.
Paddle down the Wye during the school holidays
when - because it is among the very few rivers
where canoes are permitted - the river becomes
extremely busy, and you'll see a sight which
immediately destroys the claim that fishing and
canoeing are incompatible: trout rising all around
the boats. Where fish are accustomed to them,
they quickly lose their fear.
Given that it claims to encourage people to keep fit
and to participate in sports, given that there
appears to be no legal basis for exclusion, you
might have expected the government to clarify the
law and either accept the legally established
general right of access or change it. But it refuses
to do so. Instead it suggests that landowners and
canoeists should resolve the issue through
"voluntary access agreements".
The problem with voluntary access agreements is
that if the landlords don't volunteer, they don'thappen. Unsurprisingly they have been a flop: the
British Canoe Union has been trying to strike them
for nearly 50 years, and has been rebuffed almost
everywhere. Without guidance from the
government, the issue is resolved in favour of
landlords prepared to use force or threats of force
to prevent people from exercising their natural and
ancient right.
http://www.riveraccessforall.co.uk/http://www.riveraccessforall.co.uk/http://high-court-justice.vlex.co.uk/vid/hc-0102371-52636998http://high-court-justice.vlex.co.uk/vid/hc-0102371-52636998http://www.riversaccess.org/displayarticle.asp?a=22&c=2http://www.riversaccess.org/displayarticle.asp?a=22&c=2http://www.riversaccess.org/displayarticle.asp?a=22&c=2http://www.canoe-england.org.uk/media/pdf/Pages%20from%20w266%20small%20part%201.pdfhttp://www.canoe-england.org.uk/media/pdf/Pages%20from%20w266%20small%20part%201.pdfhttp://www.canoe-england.org.uk/media/pdf/Pages%20from%20w266%20small%20part%201.pdfhttp://www.anglingtrust.net/http://www.anglingtrust.net/http://www.anglingtrust.net/http://www.anglingtrust.net/news.asp?section=29&itemid=1094http://www.anglingtrust.net/news.asp?section=29&itemid=1094http://www.anglingtrust.net/news.asp?section=29&itemid=1094http://www.sciencedirect.com/science/article/pii/S0378112798004046http://www.sciencedirect.com/science/article/pii/S0378112798004046http://www.tandfonline.com/doi/abs/10.1577/T05-159.1http://www.jstor.org/discover/10.2307/1310784?uid=3738032&uid=2&uid=4&sid=21101980760071http://www.jstor.org/discover/10.2307/1310784?uid=3738032&uid=2&uid=4&sid=21101980760071http://www.riveraccessforall.co.uk/http://high-court-justice.vlex.co.uk/vid/hc-0102371-52636998http://www.riversaccess.org/displayarticle.asp?a=22&c=2http://www.riversaccess.org/displayarticle.asp?a=22&c=2http://www.canoe-england.org.uk/media/pdf/Pages%20from%20w266%20small%20part%201.pdfhttp://www.canoe-england.org.uk/media/pdf/Pages%20from%20w266%20small%20part%201.pdfhttp://www.anglingtrust.net/http://www.anglingtrust.net/http://www.anglingtrust.net/news.asp?section=29&itemid=1094http://www.anglingtrust.net/news.asp?section=29&itemid=1094http://www.sciencedirect.com/science/article/pii/S0378112798004046http://www.sciencedirect.com/science/article/pii/S0378112798004046http://www.tandfonline.com/doi/abs/10.1577/T05-159.1http://www.jstor.org/discover/10.2307/1310784?uid=3738032&uid=2&uid=4&sid=21101980760071http://www.jstor.org/discover/10.2307/1310784?uid=3738032&uid=2&uid=4&sid=21101980760071 -
7/28/2019 George Monbiot - We have no right to our rivers while Richard Benyon's interests are served
4/25
The man currently responsible for the issue is
Richard Benyon. During arecent interview with the
Angling Trust, he said this: "There will be no
change to our policy of supporting voluntary
access agreements as the only way forward.
Anglers and fishery owners spend a lot of time and
money caring for our rivers and streams and their
rights deserve to be respected."
But not apparently the rights of canoeists, whose
organisations also spend a lot of time and
money caring for our rivers and streams.
Benyon has sided with one constituency against
another. Now why would he do that? Could it be
because he owns fishing rights on the River
Kennet and the River Pang?
His estate office tells me that it regards its section
of the Pang as closed to kayaks and canoes (in
other words "non-navigable"). Benyon leases hisfishing on the Kennet to the Reading and District
Angling Association (RDAA). Here, his office
conceded, "the entire stretch is fully navigable by
water craft." This is indisputable: the right of boats
to use this water is spelt out in the 1715 Kennet
Navigation Act. But has Benyon's Englefield Estate
transmitted this fact to the association?
The RDAA's fisheries officer says this on its forum:
"Lower Benyons from the weir downstream ... is
most defenatly [sic] NON-NAVIGABLE. That
means no boats, dingies, rubber rings surf boards
etc etc without the landowners permission. All of
which I have seen!!" He then goes on name a
number of other sections of Benyon's lease which
are also "defenatly NON-NAVIGABLE".
Members of the association have proposed their
own solutions to the access issue, such as casting
at canoes with "athree-ounce zip lead, trebles and
50lb-whiplash braid". "Trebles" means a set of
three fishing hooks, welded together at opposing
angles.
I would have liked to pursue the question of what
advice Benyon's office has given to its tenants, but
after confirming that his estate has "interests" on
the Kennet and the Pang, and that it regards the
Pang as closed, it told me: "We have nothing
further to add to our comments."
It is wholly inappropriate that Benyon should bepermitted to oversee a highly sensitive issue in
which he has an active proprietorial stake. He
seems incapable of standing back from his own
interests. In fact the nature of his brief makes it
impossible for him to do so. If he had any sense of
what democracy means, and how it differs from
government by the aristocracy, he would spare
himself further embarrassment and stand down.
www.monbiot.com
Comments for this discussion are now closed.
148 comments. Showing conversations, sorted
timguvnor04 April 2013 2:03pm
Recommend 35
The Benyon estate also owns large chunks of London, including huge swaths of De Beauvoir Town,N1, just above Shoreditch, east London. This man is the very definition of landowner
NewRedDawn
04 April 2013 2:17pmRecommend 70
it'll get to the point if something isn't done, that we need a Chavez type figure to correct matters.
James86
04 April 2013 2:48pm
Recommend 40Have you ever considered entering politics George? Would provide a nice shake up and well needed
injection of sense to the disconnected elite.
http://www.anglingtrust.net/news.asp?itemid=1444&itemTitle=Benyon+rejects+canoeists+campaign+to+paddle+over+anglers%27+rights§ion=29§ionTitle=Newshttp://www.anglingtrust.net/news.asp?itemid=1444&itemTitle=Benyon+rejects+canoeists+campaign+to+paddle+over+anglers%27+rights§ion=29§ionTitle=Newshttp://www.anglingtrust.net/news.asp?itemid=1444&itemTitle=Benyon+rejects+canoeists+campaign+to+paddle+over+anglers%27+rights§ion=29§ionTitle=Newshttp://www.riveraccessforall.co.uk/news.php#trhttp://www.riveraccessforall.co.uk/news.php#trhttp://forum.rdaa.co.uk/viewtopic.php?f=6&t=3052&p=19183&hilit=canoes#p19183http://forum.rdaa.co.uk/viewtopic.php?f=6&t=3052&p=19183&hilit=canoes#p19183http://forum.rdaa.co.uk/viewtopic.php?f=1&t=3134http://forum.rdaa.co.uk/viewtopic.php?f=1&t=3134http://forum.rdaa.co.uk/viewtopic.php?f=1&t=3134http://www.monbiot.com/http://www.anglingtrust.net/news.asp?itemid=1444&itemTitle=Benyon+rejects+canoeists+campaign+to+paddle+over+anglers%27+rights§ion=29§ionTitle=Newshttp://www.anglingtrust.net/news.asp?itemid=1444&itemTitle=Benyon+rejects+canoeists+campaign+to+paddle+over+anglers%27+rights§ion=29§ionTitle=Newshttp://www.riveraccessforall.co.uk/news.php#trhttp://forum.rdaa.co.uk/viewtopic.php?f=6&t=3052&p=19183&hilit=canoes#p19183http://forum.rdaa.co.uk/viewtopic.php?f=1&t=3134http://forum.rdaa.co.uk/viewtopic.php?f=1&t=3134http://www.monbiot.com/ -
7/28/2019 George Monbiot - We have no right to our rivers while Richard Benyon's interests are served
5/25
amberjack
04 April 2013 6:16pm
Recommend 18@James86 - Agreed. You know, George, that if you were an MP you could ask all these questions and
more on the floor of the House under parliamentary privilege, and the answers would be recorded in
Hansard for all to see? I reckon you really ought to stand.
UnevenSurface
05 April 2013 8:48amRecommend 10
@James86 - But then where would investigative journalism be in the UK? As far as I can see, Mr
Monbiot is pretty much it. MPs (though admittedly not ethical ones) are ten a penny.
ID049580
04 April 2013 2:53pm
Recommend 30Absolute power corrupts! One day we will see a shift in power, I pray it is a voluntary one rather than a
messy insurrection, led by the have-nots, the down-trodden and the disenfranchised. That day is closer
than most expect, but it is coming.
encrustedworm
04 April 2013 2:58pmRecommend 96
One of the best articles on the guardian in ages. Despite my political disagreements with George he is a
genuine investigative journalist. His repeated exposure of Benyon is fantastic. I don't understand how
he has stayed in office.
TheDoje
04 April 2013 3:02pmRecommend 26
He doesnt own a fleet of fishing boats as well by any chance? I am trying to work how his motives for
not agreeing to all the proposed MCZs. Horrible little man.
Ironspider
05 April 2013 7:49amRecommend 1
@TheDoje - The MCZs issue is one of economics - the government won't fund the implementation of
all 127 in one go. Also, in some instances, the under-pinning scientific assessment isn't complete
SteB1
04 April 2013 3:20pm
Recommend 53The result is that Richard Benyon, the minister in question, is so enmeshed in potential conflicts of
interest that were he to recuse himself from all the issues in which he has a personal stake, he would
have nothing to do but order the departmental paperclips.Ah Richard Benyon, Minister for the Countryside Allliars (Alliance).
It's very difficult to understand what this man is doing in this job. It would have been less surprising if
Cameron had asked Rupert Murdoch to lead the inquiry into phone hacking.
-
7/28/2019 George Monbiot - We have no right to our rivers while Richard Benyon's interests are served
6/25
Now here's where it gets interesting. The landowners seem to be asserting a power to exclude that they
do not possess. Going back to the 15th century and beyond, there appears to be a general right of
navigation on all rivers. As the campaign River Access for All points out, this right was tested in the
high court in 2002 (Josie Rowland v Environment Agency, case number HC 0102371.) Mr JusticeLightman ruled that the: "Public Right of Navigation [PRN] may only be extinguished by legislation or
exercise of statutory powers or by destruction of the subject matter of PRN eg through silting up of the
watercourse."This is very interesting. I could never figure out where this non-right of navigation came from. Firstly
most rivers of any size were used for navigation, and secondly our highly enclosed, highly private
countryside is not so old.From what you say the landowners just made it up.
The Angling Trust lobbies politicians to prevent the recognition of wider rights of access. It is well-
placed to do so: its national campaigns co-ordinator is the MP Martin Salter.I suspect that on this issue and on others the trust is an embarrassment to some of the anglers it claims
to represent. I have met plenty of fisherfolk who have both strong democratic instincts and a great love
of wildlife, positions the Angling Trust does not appear to share. I wonder how many would support,
for example, the trust's demand that the government should "authorise the trapping and lethal control"of any beavers spreading from Scotland into England.
I haven't fished regularly for a long time, although I used to be a very keen angler myself. The
organizations have changed a bit. This Angling Trust wasn't around, and game fishing interests werequite separate from the more working class coarse angling. There are a lot of strange agendas aroiund
in angling now, from calls to cull Otters and Cormorants. This is unrecognizable to me from years back
when most the anglers I knew would have counted themselves as conservationists. My impressionwhen I looked into it a bit more, is actually most of the more damaging things are being promoted by
relatively few agitators.
His estate office tells me that it regards its section of the Pang as closed to kayaks and canoes (in other
words "non-navigable"). Benyon leases his fishing on the Kennet to the Reading and District AnglingAssociation (RDAA). Here, his office conceded, "the entire stretch is fully navigable by water craft."
This is indisputable: the right of boats to use this water is spelt out in the 1715 Kennet Navigation Act.
But has Benyon's Englefield Estate transmitted this fact to the association?The RDAA's fisheries officer says this on its forum: "Lower Benyons from the weir downstream ... is
most defenatly [sic] NON-NAVIGABLE. That means no boats, dingies, rubber rings surf boards etc etc
without the landowners permission. All of which I have seen!!" He then goes on name a number ofother sections of Benyon's lease which are also "defenatly NON-NAVIGABLE".
How can this go on? It's CORRUPTION! How the hell can one government minister involve himself in
so many things, which he has a vested interest in, and he be allowed to continue doing this. You justcouldn't make it up.
theomatica
04 April 2013 11:46pmRecommend 3
@SteB1 -
There are a lot of strange agendas around in angling now, from calls to cull Otters and CormorantsA number studies do suggest that Cormorant predation can have a serious impact on fish populations on
certain river systems.
johnypaty
05 April 2013 6:24am
Recommend 7
-
7/28/2019 George Monbiot - We have no right to our rivers while Richard Benyon's interests are served
7/25
@SteB1 - I haven't fished regularly for a long time, although I used to be a very keen angler myself.
.. when most the anglers I knew would have counted themselves as conservationists.
Likewise StBe1; except I stopped coarse angling primarily because of the use of the line shot being the
metal lead & secondly because of the supposed pain that fish could feel once hooked. When I stoppedfishing this point was contentious & very debatable, but I preferred to err on the side of caution. I
missed the peace & quiet though of sitting on the Yorkshire river banks, solving everything!
Sorry GM I have digressed from your main article; yet another relevant piece.
ToshofSuberbaville
05 April 2013 2:12pmRecommend 13
@theomatica - As serious an impact as that of anglers themselves with their careless discarding of
hooks, lead, and tangled lines? Not to mention the litter many leave behind on what is often little morethan a glorified piss-up.
foolisholdman
07 April 2013 10:28amRecommend 2
@SteB1 -
How can this go on? It's CORRUPTION! How the hell can one government minister involve himself inso many things, which he has a vested interest in, and he be allowed to continue doing this. You just
couldn't make it up.
Having seen off the Communists and the Socialists, the trade unionists and demoralised, divided anddumbed down the Working Classes, the Ruling class is now discarding the pretence of democracy that
has somewhat cramped its style for the last dozen decades or so, or looked at another way since 1644.
or even 1297!
The Ruling Class rules (by definition), they used to like to pretend that this was a myth that the wickedMarxists had made up, but now they are feeling so powerful that they can hardly be bothered with the
pretence.
PhilipChapman
04 April 2013 3:47pm
Recommend 77Perhaps a useful tactic could be to organise a new wave of coordinated mass trespasses. A hoard of
canoes on the Kennet might be an interesting summer event.
TypingWithToes
04 April 2013 3:54pm
Recommend 15
Kinder Trespass
ToshofSuberbaville
05 April 2013 2:13pmRecommend 2
@TypingWithToes - Brilliant.
Skybluewater
04 April 2013 3:55pm
Recommend 55
-
7/28/2019 George Monbiot - We have no right to our rivers while Richard Benyon's interests are served
8/25
Benyon is, for me, one of the main reasons I'll never vote Tory again. The party has been taken over by
obnoxious snotty rich kids pursuing their own ant-social interests. Never thought I'd hear myself say it,
but we need a revolution.
Skybluewater
04 April 2013 3:57pm
Recommend 29Even on the Wye a tweedy little tosser tried to hurry us through 'his' salmon pool a few years ago.
There were eight of us in four canoes and we ignored him - maybe mass trespass is the answer.
Simon Wyndham
04 April 2013 4:17pm
Recommend 39To take canoes and kayaks on a river would not be a mass trespass. The right to navigate already exists.
It would instead be an assertion of rights.
This is an issue that needs wider coverage. The vast majority of the public is unaware of the situation
regarding our rivers. It is every bit as big as the forest sell off scandal a few years back, and deserves tobe pushed more to the fore.
What is utterly ridiculous in all of this is that Martin Salter is AFAIK in charge of one of the fishing
stretches through Benyon's estate. Who'd have thought, an ex-Labour MP in cahoots with an existingTory one! Not only that, but an ex-Labour MP who, in his time in office, campaigned for the rights of
the privileged few!
Jon Simmo
04 April 2013 4:19pm
Recommend 16
to organise a new wave of coordinated mass trespasses.But in England and Wales, canoeists and others have formal rights of access to only 3% of our rivers:
1,400 out of 42,700 miles. Everywhere else we are told we are trespassing.
As far as I can tell (and with reference to such sites as http://www.riveraccessforall.co.uk/) there is NOlaw that prevents our (canoeists, kayakers, anglers, wild swimmers etc) utilisation of most of the other
97% of non-tidal waterways. Therefore being on such waterways is not trespass, (mass or otherwise).
Going over someones private land to get on the water may well be trespassing, being on the water itselfis not.
I.e. it is lawful until proven in the courts that it is not, and in this regard Benyon is irrelevant. He has an
opinion and is entitled to it, but water, like air belongs to us all. It is there to be enjoyed by us all, withrespect to other water users and the communities though which such waterways pass.
foolisholdman
07 April 2013 10:36amRecommend 0
@Jon Simmo -
I.e. it is lawful until proven in the courts that it is not, and in this regard Benyon is irrelevant. He has anopinion and is entitled to it, but water, like air belongs to us all. It is there to be enjoyed by us all, with
respect to other water users and the communities though which such waterways pass.
Yes, all you need then is an upright judge.
Bangorstu
04 April 2013 4:32pm
-
7/28/2019 George Monbiot - We have no right to our rivers while Richard Benyon's interests are served
9/25
Recommend 6
Why has Monbiot not mentioned that in Wales, where he lives, the governmental body dealing with
biodiversity issues has been abolished?
Would that be because LAbour did it?
JMason
05 April 2013 10:25amRecommend 15
@Bangorstu - just to clarify your point. The Countryside Council for Wales, Environment Agency
Wales and Forestry Commission Wales have been merged into a new body: Natural Resources Wales.
Gogol
04 April 2013 4:51pmRecommend 17
Superb investigation ,George! Keep on gathering the killer facts [as does Noam Chomsky]. But what is
the opposition doing about this? Serious proposals for land reform are needed but blanket land taxes ,
as discussed in your previous blog, may not be the best solution for genuine farmers, and more targetedaction against large land holdings will be needed, but with a broader environmental perspective. As
some have already commented , this means revolutionary change.
antipodean1
04 April 2013 8:48pm
Recommend 7@Gogol -
Serious proposals for land reform are needed but blanket land taxes , as discussed in your previous
blog, may not be the best solution for genuine farmers, and more targeted action against large land
holdings will be needed, but with a broader environmental perspectiveExcellent comment.
foolisholdman07 April 2013 10:39am
Recommend 2
@Gogol -Superb investigation ,George! Keep on gathering the killer facts [as does Noam Chomsky]. But what is
the opposition doing about this?
What opposition?
FlashyGreenEyes
04 April 2013 5:38pm
Recommend 25No politician can act democractically and impartially with so many vested interests and above all no
minister protects the environment if in doing so he shoots himself in the pocket. There can be no
clearer example of this that Benyon himself who has shown at every opportunity he acts only in hisown interests and its at the grave detriment of our natural resources. However, things are so dire the
environment and the seas can't afford another few years in these hands. How about I set up a petition to
request his resignation? and then we can take our petition and stand up against corruption.
Riemannian
05 April 2013 12:48am
-
7/28/2019 George Monbiot - We have no right to our rivers while Richard Benyon's interests are served
10/25
Recommend 5
@FlashyGreenEyes - Yes, do it.
FlashyGreenEyes05 April 2013 9:26pm
Recommend 5
@Riemannian - http://www.change.org/en-AU/petitions/mr-richard-benyon-resign-2
Andrew Youngs
09 April 2013 3:44amRecommend 0
@FlashyGreenEyes - I'll sign it. As far as I'm concerned he's got no business in DEFRA or the
Government. The man's incompetant and a disgrace to the demochratic process.
DJ59
04 April 2013 5:45pm
Recommend 18As an angler, I was always told that canoes stopped fish from rising.
As a paddler I have seen that this isn't the case. I have paddled a large open canoe down a narrow
Cumbrian river and seen fish rising immediately ahead.They have continued to rise close behind the boat as we passed.
FredinSpain04 April 2013 5:59pm
Recommend 27
It is an excellent article and well researched but I fear it is just the tip of the iceberg as regards the
influence that this tiny percentage of large landowners has on society as a whole.They are becoming more blatant in the exercise of their power and the flaunting of their wealth just like
the French aristocracy did prior to 1789.
That ended well for them didn't it but are Britons now so bloody apathetic to do anything other than getexcited about another royal brat.
As for Benyon the man is a disgrace.
It was reported in 2012 that whilst Wildlife Minister he refused a request from other MPs thatpossession of carbofuran, a deadly poison used to kill raptors that is banned in Canada and the
European Union, should be made a criminal offence. Green Party MP Caroline Lucas was quoted as
saying: "The minister's shocking refusal to outlaw the possession of a poison used only by roguegamekeepers to illegally kill birds of prey would be inexplicable were it not for his own cosy links to
the shooting lobby."
Also in 2012, Benyon's neighbours complained when Hanson Aggregates were given permission to
extract 200,000 tonnes of sand and gravel a year from woodlands on Benyon's family estate leading itto be described as a bombsite. Benyon said that the estate was controlled by a family trust.
In 2013 Benyon succeeded in preventing any cuts in fishing quotas. He claimed that if British
fishermen had their quotas cut they would dump even more fish overboard, and the more fish they areallowed to catch, the better it will be for the health of our seas.
In 2004, the Royal Commission on Environmental Pollution proposed that 30% of the United
Kingdoms waters should become reserves preventing fishing or any other kind of extraction.
CforCynic
04 April 2013 6:22pm
-
7/28/2019 George Monbiot - We have no right to our rivers while Richard Benyon's interests are served
11/25
Recommend 10
We have no right to our rivers while Richard Benyon's interests are served
Huh? This headline makes absolutely no sense when you take Rowland v Environment Agency into
account.What it should say is
We have a right to our rivers, but Richard Benyon would rather you didn't know about it!
foolisholdman
07 April 2013 10:44am
Recommend 0@CforCynic -
We have no right to our rivers while Richard Benyon's interests are served
Huh? This headline makes absolutely no sense when you take Rowland v Environment Agency intoaccount.
What it should say is
We have a right to our rivers, but Richard Benyon would rather you didn't know about it!
Right! Spot on!
FlashyGreenEyes
04 April 2013 6:28pmRecommend 19
HOW ABOUT I SET UP A PETITION TO REQUEST HIS RESIGNATION? then lets see if public
opinion can take a stand against corruption
Ralph Hobbs
05 April 2013 4:15pm
Recommend 0@FlashyGreenEyes - And Paterson while you are at it :-)
FlashyGreenEyes05 April 2013 9:25pm
Recommend 1
@Ralph Hobbs - http://www.change.org/en-AU/petitions/mr-richard-benyon-resign-2
TBombadil
04 April 2013 6:28pmRecommend 11
Why haven't these estates been split up or sold off under inheritance tax rules? Many large houses went
to the National Trust but it appears that some estates have escaped. perhaps the rules on inheritance tax
need tightening.
WoodwardRobert
04 April 2013 11:28pmRecommend 14
@TBombadil -
I think you will find that many of these estates are not owned in the legal sense by those that enjoy andbenefit from them. They are owned by trusts and companies based in offshore tax havens. As such they
are not subject to inheritance tax law.
-
7/28/2019 George Monbiot - We have no right to our rivers while Richard Benyon's interests are served
12/25
AnEmptyHourglass
04 April 2013 7:02pm
Recommend 7
Paddle down the Wye during the school holidays when - because it is among the very few rivers wherecanoes are permitted - the river becomes extremely busy, and you'll see a sight which immediately
destroys the claim that fishing and canoeing are incompatible: trout rising all around the boats. Where
fish are accustomed to them, they quickly lose their fear.I lived for some years in a little old fibreglass river cruiser near a river in the UK (being unable to
afford a house or rent initially, and finding the financial advantages of not living in a house too great to
ignore later).Boats and fishing are perfectly compatible. Sometimes fishermen sulk a bit as you motor up to them
and they need to pull in their line, but on the whole the two parties tend to largely ignore each other as
much as possible.Canoes can be interesting - having so much less freeboard and weighing so much less, there is a real
responsibility on the boater in the larger vessel to consider their interests.
Personally I think everyone should have right of access for these sorts of use - canoeists are surely the
lowest impact on the river - not running fossil fuel burning engines, not inflicting pain on the fish(though I'm all for fishing for food - the UK rivers can't meaningfully support the population for food).
Am I right in thinking that - given that vessels have every right to navigate anywhere on the navigable
waterway - that GM is mostly talking about right of access to the banks to launch or retrieve a canoe?Once you're on the waterway I should have thought you could go anywhere on it, as I could.
pinkrobbo04 April 2013 7:08pm
Recommend 22
The trespass laws in the country are a disgrace, whatever the situation on the rivers themselves.
I live in a chalk river valley in Kent, and, with the exception of a couple of hundred yards in the middleof my village, there is not one foot of the river along the valley that I am allowed near enough to even
see the water -unless I drive over a bridge. Aggressive signs warn against insurgency every twenty
yards or so, complete with threats and examples of legal action against any scum found within site ofthe river.
The entire river is simply hidden, out of bounds to everyone except the landowners and members of
expensive private fishing clubs. Somehow an entire major natural feature of the countryside has beenco-opted, stolen, by a tiny minority. A while ago I was forced off a river bank walk by a landowner who
claimed I was disturbing the wildlife. She had driven a mile or so along the bank in a 4x4 to tell me
this.How the hell has this situation become accepted? Mass trespasses must happen. Is there anyone out
there in Kent who wants to piss off some landowners
Andyduz04 April 2013 9:27pm
Recommend 2
@pinkrobbo -Hello again Pinky
Maybe the poor landowner though it was the wolf man worrying her sheep. That said, she probably had
a lucky escape considering it's currently mating season in the idyllic chalky river valleys of the Kentcountryside.
pinkrobbo
-
7/28/2019 George Monbiot - We have no right to our rivers while Richard Benyon's interests are served
13/25
05 April 2013 10:04am
Recommend 3
@Andyduz -
True. I was worrying her sheep by discussing climate change with them. And she doesn't know whatshe was missing.
By the way, you've just dropped a bit of Potnoodle down your vest.
deadofnight
04 April 2013 7:17pm
Recommend 3Labour MP.
An Oxymoron if ever there was one
Martin Salter - muckspReadingwww.muckspreading.com/? May 9, 2012 "I have heard that MartinSalter was seen during the .... He spent 3 years dossing about at Sussex University; he left before
gaining a degree, saying 'academic life was not for him - "I wanted to do politics, not study it"'.
Martin Salter has, after 12 years at Westminster, reached the final round of the MPs' pension scheme
and the gravy train for ex-Labour politicians of directorships and lobby groups.Many questions have been asked of him in that time: Did he really vote against the Iraq war like he told
everyone? Was Liz Longhurst really in his constituency? Why did he vote for Post Office closures
whilst telling everyone he was against them? What every happened to his official complaint aboutReading Borough Council that he'd told the press he'd sent to the Information Commissioner?
It's now his last question as he faces... who wants to be a millionaire?
twicezero
04 April 2013 9:53pm
Recommend 0
a mass paddle on a single river, though a lot of fun, might not be ideal around. I'd certainly want to becareful of the environmental impact of many many paddlers entering and exiting a small stretch of
river.
Getting out there and paddling however is a great idea. Go do it, responsibly :) .
Rhodri Anderson
04 April 2013 10:01pmRecommend 2
Great article.
It would be excellent to see it in ink.
Smogbound
04 April 2013 11:03pm
Recommend 2I can't say I want the common man t have any more land than he already has: he builds, paves or
tarmacs it over, effectively trashing it. Its only a few days since I made a similar comment on a thread
here about the disappearance of garden birds, yet that's been long enough for another skip to arrive inmy street and for another front garden to be scraped up into it.
ToshofSuberbaville05 April 2013 2:24pm
Recommend 6
@Smogbound - The answer to that is to limit the number of cars which can be owned by any single
-
7/28/2019 George Monbiot - We have no right to our rivers while Richard Benyon's interests are served
14/25
household coupled with real investment in decent, subsidised public transport.
citizenJA
06 April 2013 10:25pmRecommend 1
@ToshofSuberbaville -
Excellent suggestion.
Douglas Malpus
04 April 2013 11:28pmRecommend 18
Benyon is totally unfit for purpose.
Add to the points above his refusal to make, owning/holding the illegal pesticide, carbofuran, acriminal offence. The gamekeepers choice for poisoning birds of prey.
The case against him for destroying moorland blanket bog on his grouse moor, another habitat
destroyed by him, strangely dropped. It stinks of friends in high places!!!!
In a democratic system the biased elite have no place in government.But it all about jobs for the boys, regardless of their vested interests.
Corruption in our government is far too obvious and they don't care.
The current government is pushing our people to rebellion, I would hate to see it happen but....
foolisholdman
07 April 2013 11:09amRecommend 0
@Douglas Malpus -
In a democratic system the biased elite have no place in government.
In the Aristocratic system which is what we have, the Demos has no place in government.
mike_a
04 April 2013 11:33pmRecommend 11
I can understand landed Tory MP's not wanting to let the riff raff onto the rivers in THEIR manicured
and profitable back yards, but I could never understand why Labour excluded river access from theright to roam act at the very last minute?
However, given Caffyn's work, it does now appear that failure to include access to water in the CROW
does not actually matter. The law appears to be clear, we just need the message to be put out there tothe masses.
I am fed up with being threatened / generally shouted at when simply going about my passtime, this
needs sorting!
Douglas Malpus
04 April 2013 11:39pm
Recommend 5Perhaps the wealthy should have a proportionate "bedroom tax" based on their overall riches.
Bet they would soon change the rules if it was their pockets being hit.
Newtownian1
05 April 2013 12:15am
Recommend 9
-
7/28/2019 George Monbiot - We have no right to our rivers while Richard Benyon's interests are served
15/25
And privatization and commercialization is what is proposed to conserve nature the world?
More like a mechanism to turn what little is left into hunting preserves for the emperors and their
vassals.
In Australia and New Zealand another model is being added - hunting in National Parks - supposedlyfor feral pests but the licenses are to be for people with no experience other than a degree in sadism.
Riemannian05 April 2013 12:29am
Recommend 9
I just can't believe this stuff. We live in a faux democracy at best.Will there ever come a day when we have a true government by the people for the people or are we
forever condemned to this baton passing from one elite generation to the next, whose raison d'etre is to
simply further their own interests?
steeply
05 April 2013 12:30am
Recommend 12Thank you George
Another illuminating and damning article
When I think back to the hope and ideas of the 70's it is remarkable how we seem to have made noprogress in so many areas of the enviroment and democracy
I can't imagine much less than a revolution to change half of what is wrong
foolisholdman
07 April 2013 11:15am
Recommend 1
@steeply - Thank you GeorgeAnother illuminating and damning article
When I think back to the hope and ideas of the 70's it is remarkable how we seem to have made no
progress in so many areas of the enviroment and democracyI can't imagine much less than a revolution to change half of what is wrong
I am sure you are right. No Ruling Class in history ever gave up any of its power unless it was forced
to.
unsubscriber
05 April 2013 2:58amRecommend 4
Great piece George, thank you.
Suggestion: enlist Rupert Murdoch to the cause of free access to waterways.
After all, Tony Abbott and his Tory "think tank" boys in Australia just gave a standing ovation toRupert's address on "the morality of the free market". Not kidding.
viper21705 April 2013 3:30am
Recommend 7
A Public Standards Committee issue, Direct conflict of interest, or perceived conflict of interest inPublic office.
Report him to the Parliamentary Standards body for personal gain. It doesn't have to be monetary gain,
it can be gain from abusing a position of power while not divesting his duties competently while
-
7/28/2019 George Monbiot - We have no right to our rivers while Richard Benyon's interests are served
16/25
weilding the autority of his office.
It brings national government and the Governance of public office into disrepute.
Once again the Tories are in office and the Corruption spreads through every department.
Tailspin
05 April 2013 3:55am
Recommend 5What's the fuss about? If canoeing is legal just do it. It is definitely illegal to attack or threaten
canoeists so make sure you take the helmet cam with you for evidence.
ToshofSuberbaville
05 April 2013 2:29pm
Recommend 5@Tailspin - While good for gathering evidence I'm sure the rural thugs will be happy to destroy your
evidence, content to manufacture evidence in defence of their own actions, and it won't stop you
getting a beating or damage to your boat.
Maybe a licensed shotgun would be better understood by these morons?
citizenJA
06 April 2013 10:31pmRecommend 0
@ToshofSuberbaville -
Guns aren't necessary.Large groups of friendly, picnic/canoe parties floating by are less vulnerable & it sounds like a great
summer activity.
curlybracket05 April 2013 4:25am
Recommend 9
These non-government organisations interested in rural affairs (Ramblers, Anglers, Canoeists etc)should refuse to have any dealings with the government while Benyon is Minister for Rural Affairs. By
participating in consultations (does Benyon do consultation or does he just hand down decress to the
masses ?), they provide the government and Benyon with some kind of legitimacy. Boycotting thegovernment while Benyon is in position would remove all credibility from its decisions.
curlybracket05 April 2013 4:28am
Recommend 1
oops, that should be "decrees"
Ironspider
05 April 2013 7:46am
Recommend 3Is this an example of 'gamekeeper turned poacher'?
thesnufkin05 April 2013 8:09am
Recommend 10
George, you didn't mention the burning of Walshaw Moor.
-
7/28/2019 George Monbiot - We have no right to our rivers while Richard Benyon's interests are served
17/25
Why did Natural England drop their objection to the buring of a sensitivev blanket bog, whilst just a
few miles away near Glossop (and me) they're spending a fortune using helicopters to rebuild exactly
the same habitat?
Everyone suspects a minister had a word in someones shell like, though we can't prove it.
MarkLloyd
05 April 2013 8:23amRecommend 5
I read this article with dismay. In it he extends his vendetta against Richard Benyon, one of the few
fisheries ministers who actually understands fishing, to an attack on the rights of millions of anglersand the organisation that exists to defend them. He trots out the same illogical and utterly false
argument that the British Canoe Union (BCU) has recently adopted: that the law stopping people
canoeing wherever and whenever they like needs to be changed, while denying that any such lawexists. Both the BCU and Monbiot are causing confusion among the paddling public by promoting the
work of one MSc student who wrote a thesis along these lines some years ago. Like many student
theses, it has no foundation in truth or reality.
The law has been repeatedly confirmed by the courts and is absolutely clear: there is no universal rightfor people to canoe on non-tidal waters. Canoeists have no more of a right to use rivers as they please
than anyone does to camp in Mr Monbiots garden without his permission. There are also fishing rights
held separately from the land, often by fishing clubs who are anything but wealthy landowners with ahegemonic grip on the countryside, but working men and women who pay a subscription to fish in
peace.
Public rights of navigation do exist in some places but they are the exception. Everywhere elsecanoeing is only allowed with the permission of the people who hold property and fishing rights. This
has been confirmed by both the English and Welsh governments, who support voluntary access
agreements, as we do. Monbiot claims that the BCU has been thwarted in trying to reach such
agreements by landowners. This is utterly false; the truth is that the BCU has repeatedly ordered itsofficers not to sign agreements drafted locally with angling clubs and landowners unless they are for
unrestricted access. In Canada, a free-for-all works fine, but we live on a crowded island where
restrictions are necessary. Anglers buy licences, pay permits and respect close seasons for this reason.He goes on to claim that the Angling Trust does not have strong democratic instincts or a love of
wildlife. Our position on canoeing is entirely supported by our membership and anglers have done far
more than any other group to fight pollution and restore water habitats. The Angling Trust and FishLegal devote most of our time and resources to lobbying, campaigning and taking legal action to
protect the water environment, for the benefit of fish and other aquatic wildlife.
Yours faithfully,Mark Lloyd
Chief Executive
Angling Trust & Fish Legal
Jon Simmo
05 April 2013 9:33am
Recommend 19@MarkLloyd -
The law has been repeatedly confirmed.
Please can you confirm that law you are referring to? unless you can do this, doe you not agree that thewhole of your posting is purely your opinon?
Skybluewater
-
7/28/2019 George Monbiot - We have no right to our rivers while Richard Benyon's interests are served
18/25
05 April 2013 10:39am
Recommend 18
@MarkLloyd -
The Angling Trust and Fish Legal devote most of our time and resources to lobbying, campaigning andtaking legal action to protect the water environment, for the benefit of fish and other aquatic wildlife.
Apart from otters.
Geeky_Disco
05 April 2013 10:57am
Recommend 18@MarkLloyd 05 April 2013 8:23am. Get cifFix for Firefox.
"he extends his vendetta against Richard Benyon, one of the few fisheries ministers who actually
understands fishing"You mean he is in your pocket, right?
If you are so sure the law is on your side then you won't mind a few paddlers testing that theory will
you?
Oh, and by the way, if our natural resources, such as waterways, are not open to the general public thenthey bloody well should be.
WeWillFall05 April 2013 10:59am
Recommend 20
@MarkLloyd - "The Angling Trust and Fish Legal devote most of our time and resources to lobbying,campaigning and taking legal action to protect the water environment, for the benefit of fish and other
aquatic wildlife."
A little disingenuous there: you do what you do for the benefit of anglers. Nothing wrong with that in
itself, except by what right does the desire of your members to hoick fish out of the rivers "in peace"take precedence over the rest of us wanting to be able to appreciate those rivers in peace ourselves?
calmeilles05 April 2013 11:01am
Recommend 28
@MarkLloyd 05 April 2013 8:23am. Get cifFix for Chrome.The law has been repeatedly confirmed by the courts and is absolutely clear: there is no universal right
for people to canoe on non-tidal waters.
Why do you make such a statement when it is shown not to be true by a citation in the article?Rowland v The Environment Agency, Court of Appeal - Chancery Division, December 19, 2002,
[2003] 2 WLR 1233,[2002] EWHC 2785 (Ch),[2003] 1 LLR 427,[2003] 1 All ER 625,[2003] 1 Lloyd's
Rep 427,[2003] Ch 581. Case No: HC 0102371
Judgement, Mr Justice Lightman:Paragraph 50: Though Lord Hailsham at p.147 in Wills Trustees reserved his opinion whether a
physical obstruction by a riparian owner might extinguish the PRN, the weight of authority militates
against any such exception, and it is common ground in this case that the general principle which Ihave stated is free from any such exception. PRN may only be extinguished by legislation or exercise
of statutory powers or by destruction of the subject matter of PRN e.g. through silting up of the
watercourse.You are not only wrong you are egregiously so for surely the position you hold would require that you
be aware of this.
-
7/28/2019 George Monbiot - We have no right to our rivers while Richard Benyon's interests are served
19/25
ethicalfarming
05 April 2013 12:25pm
Recommend 9
@MarkLloyd - cormorants are also aquatic wildlife and should be left to live and fish in peace.
Simon Wyndham
05 April 2013 1:17pmRecommend 16
@MarkLloyd - If such a law to prevent a PRN on rivers exist then it shouldn't be too hard for you to
quote the precise law you refer to chapter and verse so that we can all see it.There is NO case law that has ever established that canoeing is illegal. Quite the opposite in fact. Most
of the case laws your organisation refers to when talking about access have been resolved on factors
other than navigation.Further you go on to say that the BCU refuses to talk about access agreements unless there is
assumption of a general right of navigation. You forgot to mention that they have only taken this
position in the last couple of years, and were forced into this position not only by new research, but
also by the simple fact that they had spent the previous 50 years or so banging their head against a walltrying to make access agreements work! Rather a convenient fact for you to leave out Mr Lloyd.
But it all comes down to evidence. The paddling fraternity can show the evidence for PRN. You claim
Caffyn's work is worthless, yet you have never actually tackled his evidence piece by piece despitebeing given the opportunity on many an occasion. Since his work was accepted for a Master Degree
this is hardly "worthless", and since you do not appear to be able to show any shred of evidence to
disprove his research I would suggest remaining quiet on the matter until you can do so!
ToshofSuberbaville
05 April 2013 2:37pmRecommend 12
@MarkLloyd - You and your angling friends are in denial. You are as much a part of the problem and
interested only in privatising access to public spaces for your own benefit. Anglers, like all hunters,seek only to manipulate the environment in favour of your own narrow interests. You litter rivers with
discarded hooks, lead weights and tangled lines in pursuit of rapidly diminishing fish stocks.
The best way to protect the countryside is to allow open access as there are far more members of thepublic willing to stand up for the protection of open spaces and rural environments in general than there
are those who would wish to abuse those rights.
AndyBiddulph
05 April 2013 5:36pm
Recommend 9
@MarkLloyd - Mark appears to live in complete ignorance of the rule of law.The 1472 Act for Wears & Fishgarths affirms that Magna Carta affirmed a public right of navigation on
all rivers. Rowland v EA tells us that this can only be extinguished by legislation or the exercise of
statutory powers. The onus is on the owner of the soil of the river to present such documentation which,if it existed, would be in the public record. Send them a legal notice giving them 28 days to present the
documents. When they fail, go and paddle.
Anyone attempting to stop you would be committing a public order offence. The number to ring is 999.I have done this in respect of Dovedale. Details on my web site http://www.andybiddulph.co.uk
Fishing rights are the right to fish and imply no rights whatsoever to interfere with other people. Fish
Legal can present nothing in the fishermen's titles, legislation, or case law to support fishermen's claims
-
7/28/2019 George Monbiot - We have no right to our rivers while Richard Benyon's interests are served
20/25
to control navigation.
The assertion, found in law books that there is no general right of navigation on non-tidal waters is
based on a comment made in a commentary in 1830. This was not only based on a series of errors but
was contrary to the legislation in force at the time i.e. the 1472 Act.Defra has failed to present any authority for its policy of voluntary access agreements in response to a
petition to Parliament.
http://www.publications.parliament.uk/pa/cm201213/cmhansrd/cm121211/petntext/121211p0001.htmMark Lloyd's rant is without any foundation in fact or law.
steeply06 April 2013 12:42am
Recommend 5
@MarkLloyd -You seem to have completely ignored the garnering of land by a tiny minority who then exercise a
fascist idiom of get off my property or be shot
Which is a disturbing set of affairs that takes us back to feudal times
Standing around holding a rod might do it for you but not for most families who just want to be able tosee the countryside in their country
citizenJA06 April 2013 10:35pm
Recommend 3
@MarkLloyd -Take a recommend off your total. I became distraught reading your post & accidentally tapped the area.
aussigit
05 April 2013 9:06amRecommend 6
Benyon, a nasty little creep, but I really fear that George will never win his arguments re. wildlife
access etc etc, They, the landowners all too entrenched, they perceive the mass of mankind as onlythere to serve them and of course we are the great unwashed.
Love the DEFANETLY of the RDAA, uneducated illiterates!... and what about our position with the
neonicotinoids and bees?
Guardian contributor
DarrylGodden05 April 2013 10:19am
Recommend 7
Rich landowners - who knew this would still be a problem in 2013.
foolisholdman
07 April 2013 11:32am
Recommend 1@DarrylGodden -
Rich landowners - who knew this would still be a problem in 2013.
Mao said:"Where the broom does not reach, the dirt does not disappear of itself."
Richard Bannister
-
7/28/2019 George Monbiot - We have no right to our rivers while Richard Benyon's interests are served
21/25
05 April 2013 10:55am
Recommend 21
@Mark Lloyd:
It's precisely because we live 'on a crowded island' that we all need to get along, whatever your view ofthe law- anglers, swimmers, rowers, canoeists (three valid Olympic sports there!)
My daughter is 2 years old and she is learning to share. Are you no better than a selfish 2 year old
hogging the toys?When I fish, I have no problem with canoeists going past. and no, they don't disturb the fish. When I
canoe, I have no problem with fishermen enjoying their day either.
It's time to wake up and realise we're in the 21st century Mark.
Dougdew99
05 April 2013 10:56amRecommend 15
Strangely Martin Salters view of the law is not shared by DEFRA....
"There is no clear case law on whether a 'common law right of navigation' exists on unregulated rivers.
This is widely accepted to be an unclear and unresolved issue." See herehttp://www.riveraccessforall.co.uk/news.php#Lets
Mr Salter has been making dark threats of suing canoeists this year. Yet another empty bullying threat
by the landed gentry and their minions.
Dougdew99
05 April 2013 11:00amRecommend 14
England and Wales are the only countries in the world where these ridiculous rights are claimed by land
owners. Everywhere else all river users share without conflict. When you tell overseas paddlers what
happens here, they cannot believe it.
ToshofSuberbaville
05 April 2013 2:45pmRecommend 11
@Dougdew99 - Yes - My Finnish friend suggested taking up canoeing as a hobby until I looked into it
and discovered that to paddle on the Medway we needed to obtain and pay for licences. She wants tomove back to Finland now because she can't believe how unjust the laws and conventions governing
rural access in England actually are. Her reasoning is, how can she instil a sense of respect for the
environment in her child if she is unable to experience that environment freely?
edwinhamoo
05 April 2013 11:24am
Recommend 14Yet another potential conflict of interest is the fact that Benyon is an active member of the Country
Land and Business Association (CLA) serving on the commitee
http://www.cla.org.uk/In_Your_Area/South_East/Regional_News_Archive/Politics/Rural_Economy_and_Land_Use/
This organisation has incredible lobbying power, and is currently campaigning to shut down the
government's Coastal Access programme. Benyon is the minister responsible for the programme!
theharper
05 April 2013 11:36am
-
7/28/2019 George Monbiot - We have no right to our rivers while Richard Benyon's interests are served
22/25
Recommend 0
While I've very little faith in Mr Benyon, I don't think his activities as riparian owner of much of the
Kennet best illustrate the practice of 'elite' (your oft used words not mine) wealthy landowners
excluding the rest of us.RDAA have leased the fishing rights on many stretches of the Kennet for as long as I can remember. It
is principally a coarse fishing club, with a strong history in match angling. Anyone can join via an
affiliated club of which a number offer open membership (e.g. Barbel Soc.). As a club it is as farremoved as you can get from the 1000/day exclusive Salmon beats of the Tweed or 10000+ a season
dry fly only 'dead mans' shoes' syndicates of the southern chalk streams.
Of the many angling clubs I've joined for access to fishing RDAA is second only to BAA in what itoffers in coarse angling on English rivers. The bottom line is really how much you are prepared to pay
for your sport? There is absolutely nothing to stop Canoeing clubs/groups from out bidding angling
interests for bank-side access to launch and meet up. I'm sure many riparian owners would welcome theextra revenue and be glad to see the back of the anglers.
Most anglers I know appreciate that boats don't greatly disturb fish but people do. I've had no problem
with canoeists but others claim to have, in particular with groups who appear to view an angler as a
captive audience to display their skills to. You cannot seriously compare the Wye and the Pang in thesense that the lack of conflict on the mighty Wye precludes any on a relative dribble like the Pang. So
you pay your whatever it is to ponce about in a tiny stream fluff chucking for trout, only to have to
dodge yaks enjoying a freebie.Much as I can fantasize about your utopian freedom of access for all in the countryside, in practice it
just doesn't work very well (tragedy of the commons and all that). Witness the litter, fires and yobbish
behaviour on popular 'free fisheries'. Open membership Angling Clubs with their rules, restrictions,bailiffs, committees, AGMs etc... are about as close as you get to 'democracy' in the countryside at
times.
So I'm afraid the old adage 'you get what you pay for' still applies for many recreational activities. Take
your Yak and your fishing rod to one of the RSPBs many wetland reserves and see how welcome you'remade. Or imagine you've tickets for the first day of the Ashes at Lords, only to find the pitch is being
shared with the Frog & Whippet rugby league club having a pre-season friendly! (In jest)
BTW - As I know you're a stickler for well sourced, accurate info, I'd be very interested to know yoursources for a couple you've mentioned. 2.5 million canoeists/yakkers, source please George? This
seems an extremely high figure that would put it up there with the Ramblers, Birders and Anglers as the
most popular countryside recreational pursuit in England. If this figure is accurate, then they have thepotential to have a tremendous amount of clout if they can get their act together. Look at the RSPB and
how many sites they now own and manage, there is no reason this success could not also translate to
access rights for canoes, if an overseeing body can get the majority to stump up a measly tenner a year.
redbanjoblue
05 April 2013 12:31pm
Recommend 1@theharper - Mr Moonbat's currency is not accuracy but emotion. Few of his articles bear close
scrutiny (look at the ones about wind farms, for example) but he does a great job is stirring up that hard
knot of resentment experienced by some of his more credulous readers, who end up agreeing with himregardless. Perhaps he's the left wing's answer to Richard Littlejohn.
ToshofSuberbaville05 April 2013 2:50pm
Recommend 7
@theharper - The Tragedy of the Commons was proved a fallacy years ago - even the author states he
-
7/28/2019 George Monbiot - We have no right to our rivers while Richard Benyon's interests are served
23/25
deeply regrets his use of the term.
Why should access to public space be auctioned off to the highest bidder? Do people on a low income
not have a right to sensitively enjoy natural spaces as much as the wealthy with their abusive
entitlement attitudes?
pinkrobbo
06 April 2013 3:06pmRecommend 4
@redbanjoblue -
"Not accuracy but emotion..."Right. And your contribution here is chock-a-block with facts.
Oh, wait, its just a witless and factless little rant.
Funny that.
mike_a
05 April 2013 11:54am
Recommend 9Theharper, why would canoeists, swimmers or rowers wish to bid for a right to extract fish?
theharper05 April 2013 12:56pm
Recommend 0
@mike_a - They wouldn't, but they might for access to the banks?You have to put your yak in the river somewhere and presumably take it out again? Out in the
countryside that access is largely private hence you may be asked to pay a fee for the pleasure.
Similarly, if you want a club meet, parking, or club house like the rowers to store your kit or just get
out of the water and dry off for a bit you may want to bid for the rights to private banks.Not hard or difficult to understand is it?
ToshofSuberbaville05 April 2013 2:52pm
Recommend 7
@theharper - That is simply remedied by providing public footpath access to riverbanks at regularintervals.
mike_a05 April 2013 4:47pm
Recommend 2
@theharper - If paddlers wanted to build a club house or car park beside the river then they would
obviously have to buy or lease a plot of land and get appropriate permissions.But if they wanted to build such facilities, I cant see why they would have to purchase the riparian
rights that give permission for the extraction of fish, ie fishing, as they would not be fishing.
Access to the land beside a river is separate to, and therefore not controlled by, riparian rights.
mike_a
05 April 2013 5:05pmRecommend 2
@mike_a - Sorry theharper, just re-read your post and I noticed that I took some of it slightly the wrong
way.
-
7/28/2019 George Monbiot - We have no right to our rivers while Richard Benyon's interests are served
24/25
So to recap - if other water users wished to build something then yes they would obviously have to
either own the land or come to some sort of agreement with the owner.
To simply access the river is another matter. ie what are the local area rules for general access to the
river bank for walkers etc.I take it from your post above that as long as other water users (paddlers, rowers, swimmers etc) have
legally accessed the water, you have no problems with said water user moving up or down the river to
the next legal egress point.
theharper
06 April 2013 9:52amRecommend 0
@mike_a - I don't disagree with either your or the other posters points, improved public access to rivers
is something I strongly approve of. Unfortunately public footpaths currently don't give you the right tolaunch a boat from the bank or to moor it there.
I'm afraid that currently open access is a utopian fantasy and I'm trying to put forward some real actions
that can resolve the many recreational demands on watercourses.
On short (less than a mile) narrow stretches of prime barbel fishery on the Kennet like Upper andLower Benyons RDAA will always seek exclusive access. Hence, if you are that determined as a
canoeist that you must have access to this stretch of river then bidding for exclusive rights is one option
open to you, trespass is another.Essentially what you are bidding for are 'riparian rights' which includes the fishing rights whether you
actually want them or not. I am near certain that this situation already exists on our rivers, as I
remember hearing about a rapid stretch of river below a weir now being under the control of a canoeingclub.
On stillwaters it has been relatively commonplace for many years now. Waters that were once leased
exclusively to anglers are now in shared use or lost to angling altogether for other recreation or wildlife
concerns.The 2 most extreme examples I've had personal experience of were:
1. Chessington Reservoir - this was a CALPAC water with a very healthy stock of carp and tench in the
80's. Following a number of concerns the owner decided not to re-new their lease and exclusive rightsof access and use was granted to a set of 'Yahoos' who like jet-skis. Some readers may know the water
as it is behind the Zoo/Park and visible from a busy road. It is only a few acres, roughly circular,
shallow, weedy with one small island. I was as bemused as the resident Swan population to witnessfolk buzzing around such a limited venue on jet-bikes.
2. Large North Lincs Quarry - this is a truly wicked site that includes a large, shallow chalk pit that was
stocked and controlled by the angling club of the owners. Since they stopped working the area,exclusive rights were obtained by an off road 4WD club and if you want to fish there now you'll need
to book yourself onto one of the limited number of 4WD events they're permitted to hold.
The bottom line in somewhere like the Thames Valley, is we live in a complex, crowded, affluent
society with many differing demands on space. I should imagine something like 20 million people livewithin in a hours clear drive of the Lower Benyons fishery. Is it really that big a deal that RDAA want
roughly 1000 yards of river to themselves?
Anyone who's worked in the management of National, Regional, or large County level parks (I have)will know that George's 'open access for all' is a naive and unworkable utopian dream. To preserve the
value that make sites popular in the first instance you have to manage and often limit or restrict certain
activities by permits or outright bans. Real world I'm afraid.Basically, I think pulling RDAA and angling in general into his love for trashing Mr Benyon is pretty
weak stuff by George. I would have Benyon resign because he appears to be scientifically illiterate
when it comes to badgers and birds of prey but not because he has a real interest in countryside
-
7/28/2019 George Monbiot - We have no right to our rivers while Richard Benyon's interests are served
25/25
management. Would you prefer one of the new breed of career politician as a minister (Cameron,
Milliband, Clegg et al) who's main interests appear to be PR and spin?
Frankly, the fact that Benyon continues to honour RDAA long held fishing rights on the Kennet and is
dismissive on canoeists sharing the same stretches is the only positive thing I've heard about him. Iassume he is wealthy enough to deny access to all if he wished?
Had George really wanted to make a strong case on this issue, then I would have thought the Balmoral
Estate would have been the obvious place to start?
redbanjoblue
05 April 2013 12:25pmRecommend 0
I'm surprised Mr Moonbat is taking any notice of the odd nutter that contributes to a forum for a fishing
club in Reading. Every forum has it's fair share of nutters (this one is no exception).The fact is that landowners have very little direct involvement with the land the own and most is in the
direct control of the tenants that use it. Equally, most tenants occupy very responsibly as it is in their
own interests, long and short term, to do so.
pinkrobbo
06 April 2013 3:07pm
Recommend 3@redbanjoblue -
Well that's ok then.
So all those poisoned birds of prey are suicides- glad I know now