I was not present during the discussions, but those who were have told me that there has not been movement. If the Minister is able to confirm that there has been, and that he can agree to the code of conduct that is being proposed, his throat can then dry up and we can all move on, quite satisfactorily.
It has been suggested to the RYA that a non-statutory process should be established to ensure that the powers to make harbour directions under clause 5 are used appropriately. That might include a code of conduct setting out how harbour authorities would use their powers to make harbour directions and providing for levels of consultation, a dispute resolution process if objections cannot be resolved, and an arbitration process if the code of conduct has not been adhered to. Model harbour directions would also be developed.
While, from the Department’s point of view, such a non-statutory process no doubt has the advantage of enabling the Department to avoid taking any responsibility for the matter or expending any resources, it would offer no real safeguards against the misuse of the proposed new powers unless all harbour authorities were required by the Secretary of State to commit themselves to the code of conduct as a prerequisite to being designated under clause 5. Given that elected local authorities are subject to such a requirement, why should it not apply to unelected harbour authorities?