NATIONAL BARGEE TRAVELLERS ASSOCIATION
POLICY STATEMENTS
21-11-2015
Policies are numbered as follows:
C: Compliance
E: Engagement
M: Members
D: Decision Making
Policy C1: Policy on CRT Licensing
The NBTA believes that the test for compliance with s.17(3)(c)(ii) of the British Waterways Act 1995 is whether the boat has remained longer than 14 days in any one place without having a good reason to do so and therefore any boaters who meet that test for compliance are within their rights to have a full 12 month CRT licence.
Policy C2: Policy on Support of Boat-Dwellers in Enforcement
The NBTA supports, as much as it is able, boat dwellers who are defendants in actions relating to their home, even if the boat-dweller is non-compliant with the statute regulation or term upon which the action is based. The NBTA does this without endorsing the Boat-Dweller’s breach. Under normal circumstances the NBTA does not advocate breach of genuine legislation.
Policy C3: Policy on Restrictions on Bargee Travellers
The NBTA does not support any further restrictions from authorities on Bargee Travellers. The NBTA opposes any action by any authority that seeks to take our way of life from us. The NBTA believes in engagement by Bargee Travellers with the local land-dwelling community in a way that is as far as practicable proactive, constructive and does not antagonise the land-dwelling community.
Policy C4: Policy on Protecting Bargee Travellers’ Interests
The NBTA predicts that the Canal & River Trust will seek to develop its policy of setting a minimum distance for navigation within the scope of “bona fide navigation” as defined in s.17(3)(c)(ii) of the British Waterways Act 1995 (the “CRT Policy”). The NBTA undertakes to execute the most strenuous efforts to stop this.
The NBTA undertakes to execute some or all of the following tasks or tasks in addition to the following:
1 Seek to challenge the Navigation and other Authorities’ Policy in the press;
2 Seek to disseminate the identity and policies of the NBTA in the press;
3 Engage in demonstration at places and in ways that may reasonably be assumed to come to the attention of the press;
4 Engage in press monitoring;
5 Engage with the press;
6 Monitor Navigation and other Authorities policy development and activities, both “on paper” and “on the ground”, and inform the press of Navigation and other Authorities activities;
7 Expose Navigation and other Authorities’ policy making as adverse to the Bargee Traveller community by:
(a) demonstrating the impact of Navigation and other Authorities’ policy on the boating community;
(b) develop policy statements that support Bargee Travellers; and
(c) seek the sign-off or other endorsement of NBTA policies by MPs, housing groups and other community groups to sign the statement
8 Seek mutual support from other groups including housing groups
9 Identify and engage with land-based interest groups to find common ground and develop mutual support;
10 Encourage NBTA members who are members of trade unions to use their memberships to leverage trade union support of the Bargee Traveller community;
11 Seek the ending of adverse policies of Navigation and other Authorities by challenge in the courts through:
(a) the encouragement and support of members engaged in litigation;
(b) engaging in action that is likely to bear fruit;
(c) support Bargee Travellers with advice in relation to specific measures to strengthen their position should they be drawn into litigation; and
(d) develop research in the field including parallel legislation;
12 Seek the ending of adverse policies of Navigation and other Authorities by:
(a) developing Member Volunteer Caseworker Training Sessions; and
(b) supporting caseworkers with the development of support materials;
13 Put pressure on Navigation and other Authorities through:
(a) attendance at meetings of Navigation and other Authorities, at which NBTA policies are promoted;
(b) seeking to intervene and mediate in Navigation Authority enforcement action;
(c) supporting Bargee Travellers, engaged in litigation, in liaison with legal representation including referral in the first instance;
(d) engagement in Bargee Traveller actions; and
(e) promote unity among all Bargee Travellers including supporting the development of resources for Bargee Travellers;
14 Foster and promote Bargee Traveller Unity through:
(a) encourage a sense of “can win” through seeking easier activity wins and demonstrating historic wins;
(b) engagement in collective actions to demonstrate ability for co-operative working;
(c) foster and encourage community events to bring the Bargee Traveller community together;
(d) develop NBTA membership numbers to increase capabilities; and
(e) increase the number of regional NBTA branches / groups.
15 Seek to persuade Bargee Travellers to fight together for our rights and for something better through:
(a) development of the NBTA newsletter and article dissemination to inform Bargee Travellers of what’s going on; and
(b) production of information and promotional materials to develop atmosphere of resistance;
16 Support resistance to land-side evictions so as to gain mutual support.
Policy C5: Mooring Spaces for All
1. The NBTA believes that land which is on at least one side of a waterway, which can be practically moored on by anyone (“Public Moorings”) should remain land to be moored on by anyone. NBTA believes Public Moorings usually means “towpath” (including where there is towpath on both sides of the navigation), but it may be on the offside, it may be privately owned, or it may have no identifiable owner.
2. The NBTA is opposed to Public Moorings being turned into private moorings.
3. The NBTA is opposed to the prohibition of mooring on Public Moorings.
4. The NBTA is opposed to authorities and private companies attempting to privatise Public Moorings or prohibit mooring on Public Moorings.
5. The NBTA will not help particular boaters to claim Public Moorings as their own private permanent moorings. Depending on the circumstances, the NBTA may decline to help boaters fight eviction from a given place where they have been moored for more than 56 days, unless fighting the eviction would benefit the community of Bargee Travellers in general. Taking up any such cases will depend on approval by three NBTA Committee members or Volunteer Caseworkers.
6. This does not rule out our help to particular boaters over other issues such as being evicted from the particular waterways they use.
7. The NBTA will never act as ‘towpath police’ nor be drawn into exerting ‘peer pressure’ on our own community, and the NBTA will not become involved in any enforcement against boaters under this Policy.
Policy C6: Bookable moorings
The NBTA believes that bookable moorings on the towpath are another way to take away the use of the towpath from everyone. The towpath should be shared with all and not reduced to only people that can book a mooring. The NBTA is against bookable moorings on the towpath but is willing to work with CRT to explore the possibility of making bookable moorings on the offside.
Policy E1: Unacceptable behaviour by e-mail
The NBTA believes that personal attacks and insulting other NBTA members or boat dwellers with whom we work is disruptive to the working of the NBTA. The NBTA will take action if this behaviour comes about.
Policy E2: Policy on Consultation
The NBTA:
(a) undertakes to engage positively with consultation activities of Navigation Authorities and other Authorities on issues affecting Bargee Travellers;
(b) in the instance that an Authority seeks to impose its own policy about which it should have consulted but has not done so, undertakes to challenge the failure to consult and will engage positively in the submission of evidence to the Authority in any event; and
(c) undertakes to actively encourage NBTA Members to individually engage on the same basis.
Policy E3: Continuous Cruiser policy
NBTA does not refer to boat dwellers without moorings as ‘Continuous Cruisers’. However, we can use the word in our publications but only to refer to what another organisation, authority or individual has said.
Policy M2: Member conflict resolution
1 Where:
(a) a conflict arises between members of the NBTA; or
(b) a complaint about a member of the NBTA arises;
(the “Complaint”) a summary of the Complaint will be lodged by person making the Complaint (the “Complainant”) in writing with the Committee.
2 Upon receipt of the summary of the Complaint, the Committee may elect to commence an investigation (the “Investigation”).
3 If the Complaint alleges:
(a) a manifest breach of the Constitution of the NBTA; or
(b) a manifest breach of Policy M1 (Acceptable Conduct Policy)
then the Committee must commence the Investigation.
4 Upon the agreement of the Committee, a member of the Committee will be appointed by the Committee to perform the Investigation (the “Investigator”). The Investigator shall not be connected to the Complaint.
5 The membership of the Member who is the subject of the Complaint (the “Respondent”) will be suspended for the duration of the Investigation.
6 In this document references to the Complainant may also mean reference to multiple Complainants and references to the Respondent may also mean references to multiple Respondents.
7 Upon the agreement of the Committee a support worker will be appointed by the Committee to support the Respondent (the “Respondent’s Support Worker”). The Respondent’s Support Worker shall not be the Investigator nor shall be connected to the Complaint.
8 Upon the agreement of the Committee a support worker will be appointed by the Committee to support the Complainant (the “Complainant’s Support Worker”). The Complainant’s Support Worker shall not be the Investigator nor shall be connected to the Complaint.
9 The Respondent:
(a) shall not represent the NBTA;
(b) shall not attend NBTA meetings;
(c) shall not receive communications from the NBTA to NBTA Members; and
(d) shall not be privy to security-related information including IT system passwords (which shall be changed as appropriate)
10 As soon as is practical after the appointment of the Investigator the Respondent will be given a written statement that will lay out:
(a) a summary of the Complaint as understood by the Investigator;
(b) this policy;
(c) that the Respondent’s membership is suspended;
(d) that the Investigation is underway and the Investigator has been instructed;
(e) that all parties will be kept informed of the progress and outcome of the Investigation;
(f) recognition that to be suspended and investigated is a burdensome status and that the Respondent’s Support Worker has been allocated to assist the Respondent; and
(g) that there is a right of the Respondent to defend himself or herself.
11 As soon as is practical after the appointment of the Investigator the Complainant will be given a written statement that will lay out:
(a) a summary of the Complaint as understood by the Investigator;
(b) this policy;
(c) that the Respondent’s membership is suspended;
(d) that the Investigation is underway and the Investigator has been instructed;
(e) that all parties will be kept informed of the progress and outcome of the Investigation;
(f) that to be make the Complaint is a burdensome status and that the Complainant’s Support Worker has been allocated to assist the Complainant; and
(g) that there is a right of the Respondent to defend himself or herself.
12 If it becomes apparent during the Investigation that the Complaint is malicious and unfounded then the membership of the Respondent may be reinstated:
(a) on the recommendation of the Investigator; and
(b) on the unanimous vote of the Committee
on a provisional basis until the conclusion of the Investigation.
13 The Investigation will be conducted on a timely basis but without compromising the integrity of the Investigation.
14 The Investigator may be required by the Committee to make interim reports to the Committee.
15 Upon the conclusion of the Investigation the Investigator will report in writing to the Committee (the “Investigation Report”).
16 The Committee will adjudicate the Complaint on the strength of the Investigation Report (the “Adjudication”). The Adjudication will include the sanction to be levied on the Respondent (the “Sanction”).
17 The Sanction may include (but not limited to):
(a) the on-going suspension of the Respondent for a period of time that the Committee may decide; and
(b) recommendation to Membership, of the permanent removal of the Respondent from membership.
18 It shall be at the sole discretion of the Extraordinary General Meeting to expel a Respondent.
19 The Committee will promptly make the Investigation Report (redacted as required by law), the Adjudication and the Sanction known to all parties.
20 It shall be open to the Complainant to withdraw the Complaint at any time.
21 Should the Complainant withdraw the Complaint it shall be open to the Committee to maintain the Investigation (and instruct the Investigator accordingly) if it considers that:
(a) the nature of the Complaint is of a sufficiently serious nature as to warrant the maintenance of the Investigation; and
(b) sufficient evidence is available notwithstanding that the Complaint has withdrawn the Complaint.
22 If the Complainant withdraws the Complaint but providing that the Committee has not maintained the Investigation then the Investigation shall be deemed terminated and the Respondent shall be deemed to be exonerated.
23 It shall be open to any party to the Complaint to
(a) challenge the Investigation Report;
(b) challenge the Adjudication; and
(b) appeal the Sanction
(the “Appeal”).
24 All Appeals will be heard at an Extraordinary General Meeting.
Policy D1: Introducing Majority Voting by Proposal
If a member believes a decision is time-sensitive or unlikely to reach consensus:
They may propose that the decision be made by majority vote.
This proposal should include:
A short rationale (e.g., urgency, lack of progress)
A suggested deadline for voting
A majority of those present (or responding via the agreed platform, e.g. WhatsApp, in person etc) must agree to switch from consensus to majority vote.
Once approved, a simple majority (more than 50%) will determine whether voting is by majority or consensus.
Policy D2: Delegation of Decision-Making Powers
Delegation of Decision-Making Powers
To streamline work on specific issues, the Committee or a General Meeting may appoint a Working Group and delegate decision-making powers to them.
This must be agreed by consensus or majority vote at a Committee or General Meeting.
The scope and duration of the group’s powers must be clearly defined.
Delegated groups when asked by the committee, should report
N.B. The Committee can designate themselves as the relevant ‘working group’ (assembly) to make a decision. This is so that the Committee can make quick decisions where necessary to ensure the organisation operates effectively.
Policy D3: Suspension or Reclamation of Powers
The Committee may suspend or revoke the decision-making and NBTA-representative powers of a delegated group or individual if:
The group or individual act outside their mandate.
There is concern about process, inclusivity, or transparency.
A situation arises that requires centralised decision-making.
Process:
A member of the Committee must propose the suspension.
A majority vote of the Committee is required to suspend the group’s powers – the group’s powers will be suspended while the vote is underway, and the vote will be counted within a maximum time of 1 week.
Decision-making powers then revert to the Committee or full membership until otherwise decided (the Committee may decide to reinstate powers after further discussion).
A member of a suspended group can subsequently insist on this decision being reviewed at a general meeting, where the standard decision making process (consensus or majority vote by proposal) will apply.
Policy D4: Use of Multiple Communication Platforms
Decisions can be discussed and input gathered via any of the following:
In-person meetings
This list above can be expanded to other platforms
and if agreed by a general meeting, committee meeting and/or working groups.
All platforms carry equal decision-making weight unless agreed otherwise – see below, and a timeline should be agreed via the standard decision making process.
A General Meeting or appointed working group may:
Restrict decision-making to a specific platform or group (e.g., in-person only or within the working group) for practical reasons (e.g., time constraints, privacy, scope).
This restriction must be agreed using the standard decision-making process (consensus or majority vote within the decision-making group).
Policy D5: General Review of decisions
All decisions that are minuted and must be made available on request by members.
Any decision may be reviewed or overturned via a General Meeting or Working Group decision to review (depending on decision-making scope). However, a decision on whether to review in the first place must be made via the usual decision-making process (consensus, or failing that majority vote).
N.B. The Committee can suspend a working group decision (as per Section 4) – Members may be able to suspend decisions urgently by appealing to the Committee.