Gateways - sea ports

Topics:

Ports,
Sea ports

An overview on the role the Gateways Unit has in relation to Northern Ireland sea ports and policy development.

Northern Ireland's ports

As an island nation, and an open trading economy, Northern Ireland has always been dependent on the sea for trade and the sea ports as gateways to that trade.

There are five commercial ports in Northern Ireland (Belfast, Larne, Londonderry, Warrenpoint and Coleraine). With the exception of Larne (which is privately owned by P&O) they are all public trust ports.

Creation of public trust ports

Public trust ports are created by statute - dating back in some instances to the mid 19th century - with responsibility to provide, maintain and develop harbour facilities. They are required to make a commercially acceptable rate of return, with profits re-invested in the provision of harbour facilities.

The commercial ports play a crucial role in terms of the economy, handling the vast majority of external trade for Northern Ireland. They serve as vital gateways, not only for trade between Ireland and Britain, mainland Europe and elsewhere but for passenger and tourist traffic as well. The geographic spread of our main ports enhances their role of extending economic activity across Northern Ireland, acting as catalysts to improve our wider infrastructure and services.

Policy development

The Gateways Unit is responsible for supporting DfI in the discharge of statutory and other duties in respect of sea ports and harbours in Northern Ireland.

The Unit contributes to the development of policy in the ports and harbours sector at national level and ensures that the regulatory framework in which the local commercial ports and harbours operate is kept under review.

Responsibility for shipping services, navigation and marine safety matters remain reserved functions for the Department for Transport (London) and the Maritime and Coastguard Agency.

Stewardship of trust ports

The Gateways Unit also supports DfI in exercising a stewardship role over the trust ports to ensure that, in undertaking their fiduciary duties, they adhere to good practice and probity in accordance with statutory public accountability measures.

The DfI Minister appoints members to the Boards of the three main Trust Ports of Belfast, Londonderry and Warrenpoint. The Commissioners or Authority members are appointed following a public competition and serve for a defined period, normally up to four years.

Harbour Orders

Procedure for initiating a Harbour Order

A harbour is defined by the Harbours Act (Northern Ireland) 1970 (1970 Act) as any harbour, whether natural or artificial, and any port, haven, estuary, tidal or other river or inland waterway navigated by sea-going ships, and includes any dolphins, a dock, a wharf and a hoverport.

Statutory Harbour Authorities (SHA) are Statutory bodies responsible for the management and running of a harbour. The powers and duties in relation to a harbour are set out in their Harbours enabling legislation or a Harbour Order under the 1970 Act.

Harbour Orders are a form of secondary legislation which either amends existing legislation or introduces new harbour legislation. Harbour Orders are a Statutory Rule made under the 1970 Act and confers powers on the SHA for the purpose of improving, maintaining and managing a harbour.

Responsibility for making Harbour Orders rests with the Department for Infrastructure. The purposes for which a Harbour Order may be required are set out in Schedule 1 of the 1970 Act and Schedule 2 of the Act sets out further provisions in respect of Harbour Orders.

Harbour Authorities are encouraged to keep their powers under review and to take the necessary action to ensure they remain fit for purpose. As Harbour Orders are a form of legislation, subject to affirmative resolution, it is imperative that those seeking to submit a request to the initiation of the Harbour Order process obtain their own appropriate legal advice as to whether a Harbour Order is required and any other necessary considerations, specifically to their request.

The guidance here sets out the requirements for making a request to the Department to initiate the process for a Harbour Order.

The table below sets out the various steps involved if a SHA wishes to make a request to the Department to initiate the Harbour Order process. SHAs should note that the timeframe from the initiation of a request to the introduction of a Harbour Order can take a number of years. The time can also vary depending on the complexity and depth of scrutiny required for each respective Harbour Order.

If a SHA is considering the necessity of a Harbour Order then they should contact the Departments Gateways branch at the following email address to discuss the matter and process required:

Gateways@infrastructure-ni.gov.uk
DfI Gateways Branch
Transport Planning and Policy
Department for Infrastructure
James House, Gasworks Site
2-4 Cromac Avenue
Belfast
BT7 2JA

A harbour order is subject to affirmative resolution in the Assembly, to initiate the process, the relevant SHA must contact the Department’s Gateways branch to discuss the intention and request. The following stages set out the broad initial process and considerations. Further stages and steps may also be necessary to ensure the affirmative resolution process has taken place before full introduction of a new Harbour Order is made:

Step 1	Make a formal request to the department in writing for the Ministers attention (at addresses provided above) asking if a Harbour Order can be initiated. The initial request should be submitted along with the request form to initiate the Harbour Order process which should clearly set out the rationale and background for requesting a Harbour Order. This should also contain confirmation that the applicant has sought the relevant legal advice and provide a draft of the Harbour Order and advice sought.
Step 2	The Department considers the request and supporting documentation to initiate the Harbour Order process as requested. A decision to proceed or not to proceed will be made and the applicant informed.
Step 3	If proceeding, the Department will consider the request further including the range of necessary impact assessments and initiate Harbour Order Process in consultation with NI Assembly / relevant Committee.
Step 4	Department to consider and draft Public Consultation and engage with DfI Assembly Committee on consultation.
Step 5	Public Consultation published – 12 weeks.
Step 6	Consideration of Public Consultation / Impact Assessments reviewed.
Step 7	Department drafts and considers report on Public Consultation and decision on whether to proceed further with the requested Harbour Order.
Step 8	If proceeding the Harbour Order will be fully referred to the Assembly for the complete Statutory Rule process (including scrutiny and further consultation by relevant Committee(s).

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