Issue - meetings

To consider the report of the Director Net Zero Exeter & City Management.

Agreed:

RESOLVED that the Executive undertake the role of the Duty Holder for the Port of Exeter in accordance with the Port Marine Safety Code and undertake the required training to fulfil the role.

Reason for Decision: As set out in the report.

The Executive received the report which sought to establish the role of the Duty Holder for the Port of Exeter. The Council as the statutory Harbour Authority was responsible for ensuring that the organisation complies Port Marine Safety Code (PMSC) and demonstrating best practice in harbour management.

Particular reference was made to:-

·         the PMSC introduced two main roles - the Duty Holder and the Designated Person;

·         the main responsibility of the Duty Holder was ensuring compliance with the PMSC and to act on recommendations made by the Designated Person; and

·         in municipal ports it was common practice for the Duty Holder post being held by a committee of elected Members, rather than an individual.

The Leader clarified that the Executive were being recommended to become the Councils’ Duty Holder and that Members would need to update their registerable interests accordingly.

Opposition group leaders spoke on the item and made the following points:-

·         Cllr Moore – noted the onerous responsibility of the role and enquired on how Members would be advised on enabling compliance, and what would the extent of the indemnity provided would be for this role?

·         Cllr Mitchell – sought further clarification on the Duty Holder's responsibility to ensure the Executive were compliant and if there was any legal responsibility to provide regular reports on the work undertaken?

During the discussion, the following points were made:

·         the Executive would receive reports from the Designated Person in their role as the Duty Holder; and

·         would the Duty Holder training be single or ongoing training?

The Portfolio Holder for City Management in commending the report, advised that establishing a Duty Holder was the next step in obtaining a Harbour Revision order.

The Leader advised on the points raised, that the Executive would be taking the role seriously and would undertake all required training to provide the strategic responsibilities entailed in the role. He also advised that the Executive would report back on work undertaken to a relevant committee to ensure full transparency.

The Service Lead Legal Services advised that that the Duty Holder would have a Designated Person providing advice and guidance to Members to ensure they complied with their obligations as the Duty Holder.

The Leader moved, and Councillor Wright seconded, the recommendations which were voted upon and CARRIED unanimously.

RESOLVED that the Executive undertake the role of the Duty Holder for the Port of Exeter in accordance with the Port Marine Safety Code and undertake the required training to fulfil the role.