Words: Ben Seal,
Places to Paddle Manager at
British Canoeing

Clear access, clear waters

As an island nation, surrounded by water and latticed by waterways that crisscross cities, towns and villages all across our country, it is hard to conceive why the right of access to water has remained such a contentious issue for so long.

Much of what we see around us has been built because of water; it has powered factories, it is a source of transport, it provides food, travel and recreation. It can also be a place of sanctuary, a habitat for precious flora and fauna and a place for us to observe and enjoy nature in peace.

Yet for many people, despite water being on our doorstep wherever we may live, the right of access on that water for enjoyment remains firmly disputed.

The contested nature of our waterways is felt most acutely by paddlers and swimmers. Many of us run the gauntlet of being threatened, abused or worse, each time we venture out onto the water. The crux of the argument rests upon a lack of clarity in the law. It is the belief of some that rivers are private and permission required from each landowner to navigate along a waterway. Others contend a right to be on the water has been well established for centuries and has never been taken away by an act of Parliament.

‘Statutory Right of Navigation’

On canals and some larger rivers where there is a ‘Statutory Right of Navigation’, our waterway license allows paddlers to paddle freely, without challenge. However, it is on the largest proportion of waterways in England and Wales, some 96%, where there remains a lack of clarity over rights. Ultimately, this status quo frequently results in friction with other users.

Over the last two years, British Canoeing has significantly stepped up its efforts on access and environmental matters. Guided by the ambition to see ‘fair, shared, sustainable open access on water’, the Clear Access, Clear Waters Campaign has made significant strides forward in presenting a case to Government and building a supportive coalition for change.

A change in legislation

Launched in November 2018, the Charter set out our core principles. British Canoeing – its staff, its volunteers and whole paddling community would commit itself to seek a change in legislation to enable fair, shared access to all waters. Collectively we would work to protect and enhance our precious environment, and we would strive to encourage more people to participate in our wonderful sport, getting more people more active more often. Importantly and controversially for some, British Canoeing stated that it would not be signing up to any new voluntary agreements based on the need for ‘permission’ to paddle. This was an important step. It sets our course apart from that of current Government policy. But in our Charter and all our subsequent conversations Government Ministers, MP’s, Peers, Civil Servants and partners, we have made it clear why new legislation is the only way to achieve clarity on the matter.

Fundamentally, the case for more people to be more active and connected with nature is already made. Not since the end of the Great Wars has our nation needed access to the countryside for recreation and healing. Pre-COVID, our country was already facing an increasing obesity crisis and catastrophic threats to our climate. Now, while we are still in the grip of a global pandemic, we have seen how immensely valuable access to green space has been for millions and millions of people. It is a simple fact that being physically active makes us more resilient to illness. It improves our mental wellbeing, and importantly, for our environment, it brings us closer to nature. It stands to reason that if we cannot access these spaces on or doorstep, then sections of the population will not have access to the great benefits it brings.

On our journey these last two years, we have lobbied Government hard on issues around access. We have met with Environment Ministers, Sports Ministers, with MP’s of all parties from all corners of England. During the 2019 General Election, we managed to secure commitment to extend the right to roam to water from the Greens, Liberals and Labour. In recent weeks, British Canoeing has been working in coalition with the Ramblers and BMC to affect new Agricultural legislation passing through the Lords, which has the potential to change how our landscape is managed for generations to come.

being heard

We as an organisation have had our voice heard in major consultations, such as the review of National Parks and AONBs, in shaping the new Environmental land Management Scheme, in major EA reviews and many others. Most importantly, we are now seeing our views being heard by those in power. It is hard to express how far we have come in two years. We have raised our profile not only as a strong voice in the outdoor sector but also on environmental issues like Invasive Non-Native Species, and river cleans.

In the last 12 months, British Canoeing launched the Clear Access, Clear Waters website, with a petition, enabling people to write or tweet to their MP to show their support for the cause. To date, some 7000 people have signed – however, we know this is a fraction of the 2.1 million people we know paddle each year.

In 2018 & 2019, hundreds of paddlers supported the Surfers against Sewage Clean up campaigns, demonstrating what our community can achieve in the fight against plastic pollution when we all come together. River cleans and ‘check, clean, dry’ are now starting to become simply part of ‘what we do’ – and for many an extension of what we have always done.

Changing legislation is not easy to achieve. Very few Bills make it onto the statute book each year. In the present climate, legislation to affect access on inland waters is unlikely to be amongst the Government’s highest priorities. It takes time and patience. Many people point to the Kinder Trespass in 1932 as the defining moment in the fight for access to our mountains and moors. While it will go down in history as a significant landmark for the movement, it took until the year 2000, 68 years later, for the Countryside and Rights of Way Act to realise the aspirations of those brave individuals.

We are sowing seeds onto fertile ground. With the future of how our landscape is managed by farmers currently being shaped, with National Parks and AONBs in the spotlight, with a surge of interest in being outdoors, especially on water, now is our best opportunity to be making our case for clarity on the right of access for all.

20,000 new members

The paddling community has waited a long time for change, and it may still be a while before we finally see fair and shared access on all our waters in England. What is required is decisive and courageous action by the Government to address this longstanding imbalance regarding access on English waterways.

A rise of more than 20,000 members this summer goes to show that paddlers are here to stay, and we need to work together to find space for people and nature. In the meantime, the paddling community must come together and continue to make their voice heard. If paddlers want to see change in their lifetime, then now is the best chance we have.