Contact: John Tickle, tel: 01962 846000 email: [email protected]
Kevin Gardner, tel: 01962 847381 email: [email protected]

1. Summary

1.1 This report provides members of the Management Committee with more detailed information on the specific provisions of the River Hamble Harbour Revision Order and constitutional arrangements operating on the River. In that context it offers a way forward in relation to both the key issues arising from the recent governance report together with concerns expressed by the Members of the Committee at the last meeting.

2. Recommendations

2.1 It is recommended that Members of the River Hamble Management Committee:

a. Note the constitutional arrangements agreed by the County Council in May 2005 (as appended to this report) which, in tandem with the Harbour Revision Order, govern the operation of the Management Committee and Board.

b. With regard to the Planning and Scrutiny Protocol, consider how the Management Committee can most effectively discharge its role in contributing to the development and maintenance of a general policy framework for the River (the Strategic Plan), while subjecting individual matters to scrutiny.

c. Consider the extent to which the need for wider consultation arrangements identified in the Haskoning Report could be met through links with Hamble Estuary Partnership, and by adjusting the size and membership of the Management Committee, rather than by creating a new consultative committee.

d. Consider the frequency of meetings required both by the Management Committee and Board to minimise bureaucracy and ensure that business is conducted effectively and in accord with constitutional requirements.

e. Confirm that the discussion and final recommendation arising from this report form the basis of the Management Committee's response to the outlined proposals sets out by Hampshire County Council in its report to the last meeting on 2 November 2007

3. Background

3.1 At its meeting on the 2 November 2007 the Management Committee considered the report concerning the results of the Royal Haskoning Governance Review, together with that of the Trust Port Study Group.

3.2 The views of the Management Committee were sought on the County Council suggested response to the key issues emerging from those reports.

3.3 At that meeting Members of the Management Committee were concerned that there was a more thorough consideration of the provision of the existing Harbour Revision Order and constitutional arrangements prior to confirming their position on a number of the key recommendations.

3.4 In particular, concern was expressed over the possibility of creating a completely new consultative body on the River together with issues concerning the role of the Management Committee itself.

3.5 This report responds to that request and provides further information in an attempt to inform and support consideration by the Management Committee and to enable the appropriate response to be conveyed to the County Council.

3.6 Subsequent to the last meeting Officers of the County Council have met with the Chairman and Vice Chairman of the Management Committee to explore the key areas of concern prior to the meeting and compilation of the report.

4. Harbour Revision Order and Constitutional Provisions

4.1 There are two key elements to the current governance arrangements: firstly, the requirements of the Harbour Revision Order (Appendix 1) and secondly, the terms of reference for the Board and management Committee, together with the Planning and Scrutiny Protocol agreed by Hampshire County Council in May 2005, following full consultation (Appendix 2).

4.2 The River Hamble Harbour Revision Orders 1969 - 1989 ("the Revision Order") is an order made by statutory instrument under the Harbours Act 1964. Amendment of the Revision Order would require the undertaking of a statutory process requiring public notice. In the event of objections to any proposed amendment being lodged, it is likely that a public inquiry would be convened. This would have potential to take many months to resolve, and could give rise to considerable legal costs impacting on harbour authority resources. A challenge in recent years has been how to promote modern and efficient governance in harbour affairs, while honouring the requirements of a Revision Order that dates back nearly 40 years.

4.3 The Revision Order establishes the Management Committee as a sub-committee of the committee of the Council to whom the Council has delegated its powers, functions and obligations as harbour authority i.e. the Harbour Board. The Order quite clearly envisages there being two bodies: the decision making, or executive, body having the delegated powers of the harbour authority, and the Management Committee, acting in an advisory role as its sub-committee.

4.4 Article 12 of the Harbour Revision Order provides that "all matters relating to the discharge of the powers, functions and obligations [of the Board] shall stand referred to the Management Committee". Before exercising any such powers, functions and obligations, the Board is required, except in the case of an emergency, to consider a report of the Management Committee with respect to the matter.

4.5 In devising the current governance arrangements, thought was given to how this provision may operate in the context of the workings of the Board, and this is set out in the Planning and Scrutiny Protocol. The role of the Management Committee is to consider and advise upon a general policy framework, within the context of which actual decisions are then made by the Board. This general policy framework is referred to as the Strategic Plan. This sets out those areas of policy and decision making where the Management Committee is content for the Board to "get on" with making decisions, without every individual matter requiring prior referral to the Management Committee for consideration. This is in the overall interests of ensuring efficient decision making on Harbour affairs. In such cases, the input of the Management Committee to the relevant provisions of the Strategic Plan would form the report with respect to that matter, in compliance with the requirement of the Revision Order. The Strategic Plan would also then identify those particular areas where (subject to emergency situations arising where a prompt decision was required) the Management Committee did wish to apply a greater degree of scrutiny before the Board determined the matter.

4.6 This approach represents a more modern and efficient style of decision making, avoiding every single decision having to be considered by both executive and advisory bodies. It also enables the Management Committee to concentrate its advice on the development of strategic policy and planning, while focusing its scrutiny on those matters which are not "normal" business but which are particularly sensitive.

4.7 The Governance Review offers the opportunity to refresh understanding of the current governance arrangements and ensure that these operate effectively in practice. The Management Committee may wish to consider how it can most effectively discharge its role within this governance framework.

4.8 In particular there is an opportunity to quantify areas of activity that can be supported in the process of developing and agreeing a robust Strategic Plan and business plan for the River , so enabling the Board to get on and take operational decisions speedily and effectively.

4.9 By the same token there is a clear need to clarify areas of business for which the Management Committee would wish to see detailed pre-consideration of reports in accordance with its ongoing strategic advisory and scrutiny role.

5. Consultation Issues:

5.1 Both the Royal Haskoning Report and the Trust Port Study report clearly highlighted the issues of consultation on the River and this features prominently in the County Council's outline response.

5.2 The Management Committee has raised concerns over any proposal to create a completely new consultative body and wishes to thoroughly consider, before any such action is taken, opportunities to utilise or develop current arrangements.

5.3 On the basis of the information set out in this report, there is capacity for the membership of the Management Committee to be adjusted. The Revision Order provides that certain prescribed bodies are entitled to appoint one person as a member of the Management Committee. These bodies are: The Docks Board, the RYA, the Association of Hamble River Yacht Clubs, the Ship and Boat Builders National Federation, River Hamble Boatyard and Marina Operators' Association, Eastleigh Borough Council, Fareham Borough Council and Winchester City Council. Any such body can appoint a deputy member who can attend and vote in the place of the first-appointed person. It would also be open to the County Council to agree that further bodies should be invited to appoint members. However, it is a specific requirement of the Revision Order that at least a majority of the members of the Management Committee are members of the County Council. Care therefore needs to be taken that any expansion of membership does not result in the Management Committee becoming unwieldy in size. However, a focused and minimal expansion, to accommodate wider representation of relevant stakeholders, may be feasible with the co-operation of members of the Committee and the appointing bodies prescribed.

5.4 There is also an existing body set up involving key groups on the River (with no political Membership) which could potentially be used more fully to assist with consultation and advisory roles on the River. This body is known as the Hamble Estuary Partnership and it may well be feasible to utilise this body. It is suggested that the feasibility of such action is investigated and developed as appropriate. Membership of this partnership is shown in Appendix 3.

6. Conclusions

6.1 This report sets out the background documentation and context concerning the specific queries raised by Members of the Management Committee following presentation of the Governance report to their meeting on 2 November 2007.

6.2 The report puts forward recommendations which recognise the opportunity to further improve governance on the river within the framework of existing arrangements and provisions.

6.3 If adopted by the Management Committee these recommendations, together with any other key points emerging from discussion of the report, will comprise the formal feedback to Hampshire County Council concerning the Governance Report presented to the last meeting.

6.4 The County Council will consider the views of both the Management Committee and the Harbour Board in advance of any final decision. The final decision process will be determined by any need to formally change the existing constitution.

6.5 If a change is required this will require submission, via the Governance Committee and Cabinet, to Full Council on 8 May 2008. If no change is required there will be a report to the Governance Committee only (probably 27 March 2008) indicating how it is proposed to respond to the Haskoning Review but noting that no constitutional changes are advised.