Item 2

AT A MEETING of the RIVER HAMBLE HARBOUR BOARD held at the Royal Yachting Association, Hamble on 15 July 2005.

PRESENT

Hampshire County Council

Councillor T.G. Knight (Chairman); Councillor J.V. Bryant

Independent Members

Mr. T. Lovell; Mr. C. Moody

Marine Director

Mr. D. Evans

1 DECLARATIONS OF INTEREST

Members were mindful that where they believed they had a personal or personal prejudicial interest in any matter to be considered at the meeting, they should, normally at the time of the debate, declare their interest and, having regard to the circumstances described in paragraphs 9, 10, 11 and 12 of the County Council's Code of Conduct, consider whether to leave the meeting whilst the matter is discussed.

2 CHAIRMAN'S COMMUNICATIONS

The Chairman reported that he had received several letters of representation about development proposals at Stone Pier Yard. He explained that the original decision by the Executive Member for Environment had not been called in for review; as all the relevant time limits had now expired there was no opportunity for further scrutiny or examination of the subject so the decision remained as determined in April 2005.

The Chairman went on to welcome the newly appointed Board Members and the various advisers to the Board, and briefly explained their roles.

3 DEPUTATIONS

No deputations had been notified on this occasion and the Chief Executive gave a brief explanation of the rules governing deputations.

4 MEMBERSHIP OF THE BOARD

It was noted that the membership of the Board was as follows:

Hampshire County Council

Councillor T.G. Knight (Chairman)
Councillor J.V. Bryant (Vice-Chairman)
Councillor K. House

Independent Members

Mr. C. Moody, Swanwick Yacht Surveyors, Swanwick Marina, Lower Swanwick, Southampton, Hampshire, SO31 1ZL

5 MINUTES OF THE RIVER HAMBLE HARBOUR MANAGEMENT COMMITTEE

The Board considered the Minutes of the meeting of the Committee held on 29 June 2005. They pointed out that, as Mr. C. Moody had been appointed as a member of the Board, he should not appear as a member of the Management Committee. The Chief Executive undertook to amend the Minutes so that his name appeared under the heading "also present".

6 RIVER HAMBLE FINAL ACCOUNTS 2004/05

The Board considered the report of the County Treasurer and Director of Environment (Item 6 in the Minute Book) on the final accounts of the Harbour Authority for the year ended 31 March 2005. They did so in the light of observations made by the Management Committee on ways to reduce the deficits. The Board endorsed their approach and recommendation, and it was therefore

RESOLVED:

7 HARBOUR MASTER'S REPORT

The Board considered the report of the Director of Environment (Item 7 in the Minute Book) summarising activities and events on the River from 20 April 2005 onwards. They also had a supplementary report on incidents which had arisen recently (Item 7(x) in the Minute Book). In response to questions, the Harbour Master reported on arrangements for staff training which enabled them to cope with eventualities such as rescues, life saving and other emergencies such as fires, without putting themselves or their own lives at risk.

8 MARINE DIRECTOR'S CURRENT ISSUES

The Board considered a report of the Director of Environment (Item 8 in the Minute Book) on current issues at the River Hamble. To introduce this report, Captain M. Capon gave an outline to the Board of the implications of the Port Marine Safety Code and the duty on the Board to anticipate risks and take reasonable precautions to counteract them. The Board Members, individually and collectively, were responsible for safety management of the Harbour operation and for the preparation, monitoring and review of appropriate policies. It was his task to advise the Board on the exercise of their powers and duties towards all River users. In response to a request from members, Captain Capon agreed to forward to the Chief Executive a copy of his statement which would be appended to the Minutes.

The Marine Director outlined his plans for future reports on the visitor strategy, harbour dues and supervision charges, byelaws and several other issues of current interest on the River. Among these were the country park jetty, where the justification of using Harbour Authority money for repairs was queried; in response the Director of Environment undertook to confer with the Director of Recreation and Heritage to establish where maintenance liability lay. An outline was also given of progress with the municipal ports review. With specific reference to byelaws, there would be discussion with other harbour authorities in the hope of settling agreed generic byelaws, which would have merits both in terms of consistency and reducing the costs. Funding for this purpose would need to be included in next year's Harbour Authority budget; and there would be consultation with interested parties before any new byelaws were adopted.

On this item, Mr. C. Moody declared a personal interest as a shareholder of Moody's Boatyard and as Chairman of the Hamble River Boatyard and Marine Operators Association.

RESOLVED:

9 ENVIRONMENTAL UPDATE

The Board considered the report of the Director of Environment (Item 9 in the Minute Book) summarising activities and events relating to the environment of the River Hamble from April 2005 onwards. The status of Special Areas of Conservation for land along the River Hamble was noted and welcomed. The Board were concerned at the likely impact on the River of accidents on/drainage from the M27 road bridge and any resultant pollution, an issue raised by the Management Committee. They asked the Director of Environment to pursue this subject - specifically whether the Highways Agency comply with the Hazardous Waste Regulations - at the next annual joint meeting between the County Council and the Highways Agency.

RESOLVED:

That the report be noted and that the question of discharges from the M27 motorway into the River Hamble be raised at the next annual meeting between the County Council and the Highways Agency.

10 ANNUAL HARBOUR BOARD DIARY

The Board considered the report of the Director of Environment (Item 10 in the Minute Book) on proposals for dealing with annual and recurring items of business for the Management Committee and the Harbour Board. The schedule of dates for the remainder of 2005 was noted as follows:

Board

Thursday, 8 September - 2 p.m.
Friday, 21 October - 11 a.m.
Thursday, 15 December - 11 a.m.

Management Committee

Thursday, 28 July - 2 p.m.
Wednesday, 28 September - 10 a.m.
Tuesday, 6 December - 2 p.m.

All to be held at local venues close to the River. Dates for 2006 were being promulgated as part of the County Council's overall calendar of meetings and would be forwarded to members of the Board and Management Committee.

RESOLVED:

That the proposed dates set out above be agreed by the Harbour Board and that the revised schedule for 2006 emerging from the County Council's calendar of meetings be noted.

11 SCRUTINY AND CALL-IN

The Board considered the report of the Chief Executive (Item 11 in the Minute Book) on practical arrangements for the Management Committee to exercise its scrutiny role and, if necessary, call-in for review decisions taken by the Harbour Board. The Chief Executive stressed that, in the experience of the County Council, call-in was an extremely rare event. The Board supported the electronic methods advocated and asked for the report to be referred to the Management Committee with a positive recommendation for its adoption.

RESOLVED:

That the report and the Board's views be referred to the Management Committee for their comments.

12 FISHERMEN'S JETTY

The Committee considered the report of the Director of Environment (Item 12 in the Minute Book) on the additional costs of this development, consent for which had already been granted. The effect was to increase the amount required from the Harbour Authority from £10,000 to £12,000.





RESOLVED:

That £12,000 be allocated from the Harbour Authority budget to allow the project to establish a fishermen's jetty at Warsash to proceed during the coming Winter or Spring, and that the specific account for the funding necessary be determined at revised budget time.

______________________________

On conclusion of the meeting, it was agreed that a heading, "Items for inclusion in future meetings" should appear on each agenda in order to give Board Members the ability to put forward items which they wished to raise for debate or decision.

8hM98705

PORT MARINE SAFETY CODE

The Port Marine Safety Code introduced a National standard for every aspect of port marine safety. It establishes a measure by which Harbour Authorities can be held accountable for the legal powers and duties which they have to discharge. The Code applies to all Harbour Authorities, although it is not law, the Government states that compliance with it is not voluntary.

Marine Enforcement assists Harbour Authorities to comply with all aspects of the Port Marine Safety Code including attending a Harbour Authority to conduct a "health check" and by acting as the "Designated Person".

Basic requirements of the Port Marine Safety Code:

► The Code relies upon the principle that duties and powers in relation to marine operations in ports should be discharged in accordance with a Safety Management System (SMS). That system should be informed by and based upon a formal risk assessment;

► In simple terms a Harbour Authority has to assess what accidents may happen, take reasonable precautions to prevent such accidents happening and keep appropriate records. It is no longer acceptable to wait for an accident to happen and then react. A Harbour Authority is not expected to eradicate all risks. The Code is pragmatic, it directs that risks should be managed so that they are reduced to as low as reasonably practical (ALARP). This pro-active management of risks must be recorded and must be subject to continual review;

► The Code also requires that the SMS needs to be audited and that those accountable for the Harbour Authority are kept informed about compliance with the Code and with the operation of the SMS;

► As with any SMS the personnel involved need to have their roles clearly defined. This extends from the highest levels of authority down through all levels of management and to the staff. Everybody in the "team" needs to know what is expected of them and how to meet that expectation;

► The Code recognises that Harbour Authorities have been created by Statute to serve a public interest. It directs that Harbour Authorities should engage in full consultation with all those who have an interest in the harbour;

In its simplest form the Code requires:

► All those involved in a Harbour Authority including the governing body should have clearly defined roles and responsibilities;

► A Harbour Authority must pro-actively manage safety;

► A Harbour Authority must consult with all those who have an interest;

► Those accountable for the Harbour Authority must be kept informed.

The Code should not be regarded as just a bureaucratic

burden. With a pragmatic approach and a team spirit,

compliance with it should significantly reduce the frequency

of accidents and also provide a shield against uncomfortable

legal scrutiny whilst becoming a worthwhile management

tool.

EXTRACT FROM THE PORT MARINE SAFETY CODE:

The Duty Holder

1.5.3 The Code requires each harbour authority to hold itself accountable for the discharge of its duties and powers to the standard laid down. It requires the board members of each authority to accept responsibility for ensuring that the authority discharges its duties and powers to that standard. Duties and powers relating to the safety of marine operations in any harbour have been entrusted to a statutory authority. Board members are collectively and individually responsible for the proper exercise of their authority's legal duties. It follows clearly that it - and they - are severally and collectively the `duty holder'.

1.5.4 Harbour authorities have powers to appoint a harbour master, and to authorise pilots, and may properly entrust the operation of the harbour to such professional people; but they cannot assign their accountability. Board members may not abdicate accountability on the grounds that they do not have particular skills. They retain strategic oversight and direction of all aspects of the harbour operation. They must ensure that powers are discharged but not exceeded.

1.5.5 Board members should regard themselves as under a duty to ensure that their authority discharges its duties; and has in place an effective safety management system for this purpose. The Code sets the standard. The duty embraces development and maintenance of appropriate policies, plans and procedures and ensuring that assessments and reviews are undertaken as required.

Extract from:

RIVER HAMBLE HARBOUR AUTHORITY

GOVERNANCE IN THE 21ST CENTURY

DISCUSSION PAPER - JULY 2004

The Board of a Harbour Authority are responsible for the management of the harbour and the individual members of the Board must act solely in the interest of the Harbour Authority. They should not be appointed to represent any particular stakeholder group or to further any aims other than those agreed by the Board. Each Harbour Authority should accept responsibility for ensuring it discharges its duties and recognises the responsibilities entrusted to it. Board members are collectively and individually responsible for the proper exercise of their Authority's legal duties. Harbour Authorities have a difficult role to fulfil with many competing interests. Everybody involved in the management of a Harbour Authority has a demanding task and he or she will need to be able to draw upon a variety of skills and expertise. Harbour Authority Board members should not be considered "representatives", rather their responsibilities are like those of a Trustee.

That is not to say that stakeholders and others should not have a voice, be heard and have their views carefully considered by a Harbour Authority. Appropriate consultation should always be promoted. However, those that sit on the Boards of Harbour Authorities are not there as representatives, they are there to ensure that their Harbour Authority discharges its functions, meets its responsibilities and does not exceed its powers.

Whilst representatives of stakeholders and other interested parties should always be invited to consult on matters with which the Harbour Authority seeks advice and their input should be welcomed, it is not right that such representatives sit on the Board of a Harbour Authority as a "representative". This does not preclude such an individual being appointed to a Board; it means that his role changes fundamentally from "representative" to Harbour Authority Board member whenever he or she sits on the Board. This applies equally to Councillors who may either be appointed or selected to sit on a Harbour Board.