Archived decisions

Contact: David Evans tel 01489 576387 email: [email protected]

1. Summary

1.1 In 2007 Hampshire County Council commissioned a review of the governance arrangements for the River Hamble in order to confirm that the revised governance arrangements introduced in 2005 were operating as intended and to identify opportunities to fine-tune the system. The review was carried out by consultants Royal Haskoning UK Ltd. This reports deals with the specific governance recommendations stemming from that review but also includes issues raised in a second, independently produced document - the Trust Port Study Group report (TPSG report), which concludes that the River Hamble would be better governed as a Trust Port, independent from Hampshire County Council. The views of both the River Hamble Management Committee and the Harbour Board have been sought and confirmed in advance of this report. The report has been considered by the Governance Committee which replaced the word `determine' with `recommend' in paragraph 2.2(2) below, line 6.

2. Recommendations

2.1 That the River Hamble continue to be governed as a Municipal Port under the control of Hampshire County Council, and;

2.2 That the County Council be asked to approve the following amendments to the governance arrangements for the River Hamble, and to authorise the Chief Executive to amend the terms of reference of the Management Committee accordingly:

(1) That a single additional Member should be appointed to the Management Committee to represent the interests of all mooring and berth holders on the River and that this be balanced by the appointment of an additional Hampshire County Council Member to the Committee. The Management Committee should be invited to recommend what criteria and selection process should be invoked in the event that more than one person applies to be the mooring and berth holders representative.

(2) That the Chairman and members of the Hamble Estuary Partnership (HEP) should be invited to provide an additional forum for consultation with River Hamble stakeholder groups.

(3) That the Chairman of the HEP should be allowed direct access to the Harbour Board so that the views and advice of the HEP can be taken into account before decisions are made.

3. Background

3.1 Following a major public consultation, new governance arrangements for the River Hamble were introduced in 2005. They have proved to be very successful and, although they pre-dated the Government's Municipal Ports Review, they are generally compliant with its recommendations, to the extent that the Harbour Authority has been awarded `Leading Lights' status by the Department for Transport for its achievements in complying with the Review. When the governance arrangements were changed, it was agreed that they would be reviewed after two years to ensure that they were fully fit for purpose and working as intended. This review has now been carried out by independent consultants Royal Haskoning UK Ltd. It was a `light touch' review, mainly aimed at ensuring compliance with the Municipal Ports Review.

3.2 In parallel to the Haskoning review, the independent `Trust Ports Study Group' (TPSG), Chaired by Mr Peter Nicholson, submitted a report based upon 18 months of research which concludes that, subject to satisfactory transition arrangements, the River Hamble should be converted to Trust Port status and governed independently from Hampshire County Council. This recommendation has been considered by the Harbour Board and the Management Committee and rejected on the grounds that the existing governance arrangements are in line with legislation and current government guidance, fit for purpose and in the best interests of river users and the wider population of Hampshire. Thus, the recommendation in this report is that Municipal Port status should be retained.

3.3 In broad terms, the Haskoning review finds that most of the objectives set out when the governance arrangements were revised have been achieved and that the Harbour Authority is generally compliant with the Municipal Ports Review. However, some adjustments are required and those which have a direct impact on the governance arrangements are covered in this report. Other constructive adjustments and improvements that do not require formal amendments to the constitution have been agreed by the River Hamble Harbour Board (23 November 2007 and 1 February 2008) and the Management Committee (2 November 2007 and 4 January 2008).

3.4 The recommendations in the Haskoning report have been subject

to full consideration by the members of the River Hamble Management Committee and Harbour Board. Some (such as the establishment of a Consultative Committee) were unpopular because they would increase bureaucracy and add little value. Others were modified to include, for example, a greater role for the Hamble Estuary Partnership and an increase in the size of the Management Committee.

3.5 The basis for the recommendations above is as follows:

Municipal Port Status

a. The River Hamble should continue to be governed as a Municipal Port under the control of Hampshire County Council. The River Hamble is a major recreational and environmental asset at the heart of a heavily populated area of Hampshire. It has been governed as a Municipal Port by Hampshire County Council since 1970 (transferred from the Southampton Docks Board by a Harbour Revision Order dated 1969). The Harbour Authority seeks to manage the river for the benefit of all users and to balance interests in an open and accountable manner. The Trust Port Study Group report challenges this, although it does not put forward a strong business case. Officers are of the view that there is not a significant financial case for such a move nor it is easy to see how it would improve the breadth of representation and accountability currently delivered.

Improved Consultation

Both reports highlighted the issue of consultation and members of both the Harbour Board and the Management Committee carefully considered current arrangements before confirming their recommendations

b. That a single additional Member should be appointed to the Management Committee to represent the interests of all mooring and berth holders on the River and that this be balanced by the appointment of an additional Hampshire County Council Member to the Committee. The Harbour Revision Order (HRO) established a Management Committee to which a number of relevant bodies are permitted to appoint members. However, the HRO specifically provides that there must always be a majority of HCC members on the Committee - thus the current Committee consists of 8 appointed members and 9 County Councillors. The recommended additional member, representing the boat owners who use the River, will give an additional means by which boat owners can seek to influence the management of the River. The Governance Committee took the view that the Management Committee should be invited to recommend what criteria and selection process should be invoked in the event that more than one person applies to be the mooring and berth holders representative. To maintain compliance with the legal requirements of the HRO, this will need to be balanced by an additional County Council Member.

c. That the Chairman and members of the Hamble Estuary Partnership (HEP) should be invited to provide an additional conduit for consultation with River Hamble stakeholder groups. The Hamble Estuary Partnership is a locally focused voluntary coastal partnership developed in response to a Government initiative supporting the need for an integrated approach to coastal management. It consists of representatives of a wide variety of stakeholder groups and meets twice a year to discuss matters affecting the management of the Hamble estuary and monitor the Estuary Management Plan (which was drawn up by the Partnership in 2003). In addition it supports student research on topics relevant to the River. It is Chaired independently. This partnership is able to offer a wealth of experience and advice to those charged with the management of the River and it is recommended that this valuable resource should be exploited by formally seeking its views on appropriate topics before decisions are made by the Harbour Board.

d. That the Chairman of the HEP should be allowed direct access to the Harbour Board so that the views and advice of the HEP can be taken into account before decisions are made. At present, the Harbour Board is able to receive advice from a variety of sources: the Management Committee, the Harbour Master, the Designated Person (an independent consultant charged with overseeing the safety management system for the River), and a range of HCC officers. It is recommended that the Chairman of the HEP should be added to this list and granted unfettered access to the Board, so that the views of the HEP can be taken fully into account.

4. Impact Assessments

4.1 The services provided by the River Hamble Harbour Authority have been subject to a comprehensive equalities impact assessment and nothing in this report changes the way in which these services are provided.

4.2 The report seeks to improve consultation with stakeholders and consideration of external advice in support of effective decision making.

5. Conclusion

5.1 The governance arrangements for the River Hamble have been independently reviewed. This report focuses on the recommendations contained in this review which might require changes to the constitution.