Contact: Merrick Denton-Thompson, ext 6826

email: [email protected]

1. Summary

1.1 The following decision is sought:

That the commencement of the process to seek to change the governance of the River Hamble Harbour Authority, and as a consequence amend the County Council's Constitution, be approved.

2. Reason

2.1 This decision supports Aim 5 of the Corporate Strategy (Improving services) by creating a fit for purpose Harbour Board to discharge the County Council's statutory obligations as the regulatory authority for the River Hamble.

3. Other Options Considered and Rejected

3.1 Do nothing, failing to comply with the general advice to ports set out in the Review of Trust Ports.

3.2 Await the outcome of the Review of Municipal Ports by the Ports Division of the Department for Transport.

4. Conflicts of Interest Declared by the Decision Maker or Other Executive Member Consulted - None.

5. Dispensation granted by the Standards Committee - Not applicable.

6. Reason(s) for the Matter being dealt with if Urgent - Not applicable.

Approved by: ..................................... Date: ...................................

Councillor T K Thornber

Contact: Merrick Denton-Thompson, ext 6826

email: [email protected]

1. Summary

1.1 The purpose of this report is to seek approval to start the review of the governance of the River Hamble Harbour Authority which may result in the need to publish a Harbour Revision Order. Depending on the outcome of the review it may entail a change to the County Council's constitution and it is for this reason that approval is being sought at the start of the process.

2. Corporate Strategy

2.1 This decision supports Aim 5 of the Corporate Strategy (Improving services) by creating a fit for purpose Harbour Board to discharge the County Council's statutory obligations as the regulatory authority for the River Hamble.

3. Background

3.1 The County Council became the River Hamble Harbour Authority following the Harbour Revision Order of 1969. From 1969 to 2000 the County Council discharged its responsibilities through the River Hamble Harbour Management Sub-Committee of the Recreation and Heritage Committee. The Members of the Sub-Committee were set out in the Harbour Revision Order, made up of ten County Councillors and nine representatives of the river users. Following the Local Government Act 2000 the responsibilities of the Harbour Authority passed to the Executive Member for Environment. The River Hamble Harbour Management Sub-Committee changed its name to the River Hamble Harbour Management Committee. Currently day-to-day decisions for the management of the Harbour Authority are made by the Executive Member with advice from a small number of Management Committee Members. However, any changes in policy have first to be considered by the Committee.

3.2 At the time of the Local Government Act the Government had announced its intention to undertake a review of Municipal Ports following a similar review it had undertaken for Trust Ports. The County Council recognised that the arrangements it had put in place for the governance of the River Hamble were interim, pending the outcome of the Municipal Ports Review. For a variety of reasons the review of Municipal Ports has been delayed, although very recently the Ports Division of the Department for Transport did announce a new programme for the review.

3.3 There are two reasons for pursuing changes to governance of the River Hamble through a Harbour Revision Order. Firstly, the County Council has been made aware of the views of the Ports Division that the preferred structure for decision making for a modern port would be through a seven to nine person Harbour Board, rather than the current arrangements involving decision by one person - the Executive Member for Environment. The second reason has arisen as a result of the current interim arrangements for decision making. Making decisions within a framework of approved policies is sometimes open to interpretation of what is or is not approved policy. Both the Executive Member and the River Hamble Harbour Management Committee have concluded that it would be advisable to seek to amend the current arrangements by combining the functions of the Executive Member and the River Hamble Harbour Management Committee into a fit for purpose seven to nine person Harbour Board.

4. Consultation and Options

4.1 The County Council is about to undertake formal consultation with river users and local communities on the proposed changes to the governance of the River Hamble Harbour Authority. In seeking to improve the governance arrangements the County Council could proceed by consulting purely on modernising the current arrangements as a Municipal Port. Alternatively, the County Council could review whether a Municipal Port is the most effective way of delivering the services of the Harbour Authority.

4.2 Informal consultations to date have identified two options: either modernising the existing arrangements as a Municipal Port or transferring all the functions to an independent Trust Port set up for the purpose. The informal consultations to date have also identified a widespread lack of understanding of the difference between the two options. Clearly it is important that those being consulted fully understand the options available and what the differences are between the two options before any conclusion can be drawn about the respective advantages and disadvantages.

4.3 Although no two harbours are the same, it may also be worth comparing the governance arrangements for other ports and harbours that are similar to the River Hamble. To this end the Harbour Authority has commissioned Marine Enforcements Limited to prepare a baseline document that is designed to establish the facts surrounding the two options and to give comparisons with other Ports and Harbours of similar characteristics. This report is nearing completion and it is intended for the report to be the subject of a formal consultation process with stakeholders and Government departments prior to recommendations coming back to the County Council, as Harbour Authority, for a final decision on the direction to be taken.

Recommendation

That the Cabinet approves the commencement of the process to seek to change the governance of the River Hamble Harbour Authority and as a consequence amend the County Council's Constitution.

8805/MD-T