Agenda item - Harbour Management Advisory Committee

To consider this report.

NON-KEY DECISION

Following consideration of the officer report, appendices and discussion, the Executive agreed:

a. That the Harbour Management Advisory Sub-Committee is disbanded with immediate effect.

b. The terms of the Memorandum of Understanding between the Executive and the Harbour Management Advisory Committee attached as Appendix 2 of the report.

c. To recommend to Full Council on 20 December 2023:

i. That a Harbour Management Advisory Committee is established as an advisory committee to the Executive under s102(4) of the Local Government Act 1972.

ii. Approval of the Terms of Reference of the Harbour Management Advisory Committee attached at Appendix 1.

iii. Approval of the terms of the Memorandum of Understanding between the Executive and the Harbour Management Advisory Committee attached as Appendix 2.

iv. The appointment of 6 elected members, as nominated by relevant political group leaders, to the Harbour Management Advisory Committee in accordance with the political balance requirements in section 15 of the Local Government and Housing Act 1989.

v. Delegated authority be granted to the Service Director Regulatory and Operational in consultation with the Service Director Governance, Democratic & Legal Services to conduct a skills audit for the Harbour Management Advisory Committee and to conduct the process for the recruitment of appropriately skilled co-opted members to the Committee and make recommendations to Full Council for appointment of the co-opted member.

ALTERNATIVE OPTIONS CONSIDERED: As set out in the officer report

REASON FOR DECISION: As set out in the officer report

The Leader of the Council and Lead Member for Governance and Communications, Cllr Bill Revans, introduced the report, highlighting: that Somerset Council has Ports and Harbours within its areas of responsibility; that the Council is the Statutory Harbour Authority and Competent Harbour Authority for the Port of Bridgwater, the Statutory Harbour Authority for Minehead and Watchet Harbours, and has statutory responsibility for Bridgwater Docks; that Full Council previously agreed that the responsibility for the Council’s functions as Statutory Harbour Authority and the role of Duty Holder should sit with the Executive; that as the Duty Holder, the Executive is responsible for ensuring that Somerset Council complies with the Port Marine Safety Code; that many Council’s with harbours and ports (such as Cornwall and Dorset Councils) have established Harbour Management Committees; that on 15th March 2023 the Executive resolved to establish a Harbour Management Advisory Committee as an Executive Sub-Committee from 1st April 2023; that in order to widen the membership, experience and expertise of the Harbour Management Advisory Committee, this report seeks support from the Executive to disband the current sub-committee and in its place recommend to Full Council that it agrees to establish a Harbour Management Advisory Committee as a Council committee, and the advantage of this approach will be that the Council can appoint members that represent those coastal communities and other members with relevant expertise to work with external co-opted members on that Committee.

The Leader of the Council and Lead Member for Governance and Communications, Cllr Bill Revans, advised the Executive of correspondence from the Chair of the Watchet Harbour advisory Committee, Cllr Loretta Whetlor, regarding consultation on the makeup of the committee before it is ratified by Full Council. The Leader of the Council further advised the Executive of the legal response from Somerset Council and that it would not be appropriate for the Watchet Harbour Advisory Committee to appoint one of its members onto the Council's Harbour Management Advisory Committee, and that the Council will continue to consult with it on all matters substantially affecting the Conservation protection, regulation, management, maintenance and improvement of Watchet Harbour and its navigation and in relation to any specific proposals set out in the Watchet harbour revision order.

The Leader of the Council and Lead Member for Governance and Communications, Cllr Bill Revans, invited comments from other Members present, questions and points raised included: the recruitment process of coopted members; the role of the advisory committee and Executive decision making responsibility; the designated person employed by the by the harbour of Bristol authority; the publication of marine safety plan and reporting of performance against objectives and targets, the process to bring the governance of all relevant ports together.

The Executive proceeded to vote on the recommendations, which were agreed unanimously.??