Comhairle Nan Eilean Siar: Harbour Review Comhairle Nan Eilean Siar November 2016 Page intentionally left blank Comhairle Nan Eilean Siar: Harbour Review November 2016 Comhairle Nan Eilean Siar: Harbour Review Comhairle Nan Eilean Siar Document Information Document History and Authorisation Title Comhairle Nan Eilean Siar: Harbour Review Commissioned by Comhairle Nan Eilean Siar Issue date November 2016 Document ref R,2418 Project no R/4453/1 Date Version Revision Details 17 October 2016 1 Issued for Client Review 21 November 2016 2 Issued for Client Review 25 November 2016 3 Issued for Client Review 28 November 2016 4 Issued for Client Review Prepared (PM) Approved (QM) Authorised (PD) M J Smedley T Auld N J Kitson Suggested Citation ABPmer, (2016). Comhairle Nan Eilean Siar:, Harbour Review, ABPmer Report No. R,2418. A report produced by ABPmer for Comhairle Nan Eilean Siar, November 2016. Contributing Authors Monty Smedley, Capt. Trevor Auld, Nick Kitson Notice ABP Marine Environmental Research Ltd (‘ABPmer’) has prepared this document in accordance with the client’s instructions, for the client’s sole purpose and use. No third party may rely upon this document without the prior and express written agreement of ABPmer. ABPmer does not accept liability to any person other than the client. If the client discloses this document to a third party, it shall make them aware that ABPmer shall not be liable to them in relation to this document. The client shall indemnify ABPmer in the event that ABPmer suffers any loss or damage as a result of the client’s failure to comply with this requirement. Sections of this document may rely on information supplied by or drawn from third party sources. Unless otherwise expressly stated in this document, ABPmer has not independently checked or verified such information. ABPmer does not accept liability for any loss or damage suffered by any person, including the client, as a result of any error or inaccuracy in any third party information or for any conclusions drawn by ABPmer which are based on such information. All content in this document should be considered provisional and should not be relied upon until a final version marked ‘issued for client use’ is issued. All images copyright ABPmer apart from front cover (wave, anemone, bird: www.oceansedgephotography). ABP Marine Environmental Research Ltd Quayside Suite, Medina Chambers, Town Quay, Southampton, Hampshire SO14 2AQ T: +44 (0) 2380 711844 W: http://www.abpmer.co.uk/ ABPmer, November 2016, R,2418 | i Comhairle Nan Eilean Siar: Harbour Review Comhairle Nan Eilean Siar Executive Summary Comhairle nan Eilean Siar (CnES) is the local government council for Na h-Eileanan Siar council area of Scotland, which comprises the Outer Hebrides. The Comhairle is the Statutory Harbour Authority for 32 harbours and the owner and operator for 51 pier, jetty and slipway facilities. The Comhairle’s port and harbour facilities are spread throughout the Outer Hebrides, many of which are located in areas with sparse populations, resulting in low numbers of harbour users. The Comhairle’s ports and harbours are generally unmanned during normal operations and are attended by Comhairle marine staff on a scheduled basis, and in response to specific harbour user information and requests. The Comhairle commissioned ABPmer to carry out a study to review the current arrangements for discharging the duties of the Statutory Harbour Authority under the requirements of the Department for Transport ‘Port Marine Safety Code’ (the Code), and the Health and Safety Executive (HSE) ‘Safety in Docks’ Approved Code of Practice (ACOP). The study team from ABPmer conducted a site visit, from the 5 to 8 September 2016, and conducted a series of interviews and meetings with members of the Comhairle’s marine team, port management and an elected Council Member. The output of this review has been split into three sections covering the topics of: Governance, Marine Services and Marine Safety. In summary, this report has documented the observations and recommendations from the review of the Comhairle nan Eilean Siar Harbour Authority. In total, 28 recommendations have been made, which are summarised below. Governance: Recommendations Recommendation 1 CnES should rename the ‘Piers and Harbours’ heading to ‘Harbour Board’ with a leading statement added to the effect that ‘this Committee is now sitting as the Harbour Board and is the acknowledged Duty Holder as identified within the Port Marine Safety Code’. Recommendation 2 CnES should complete the actions required of the Duty Holder, these are namely: the update and review of its Marine Safety Management System (MSMS), auditing of the MSMS’s effectiveness and reporting to the Harbour Board, the publication of a ‘marine safety plan’ followed by performance reporting, and the completion of the compliance exercise to the MCA due in March 2018. Recommendation 3 The Designated Person’s report should be submitted directly to the Harbour Board. Recommendation 4 The Designated Person’s reports should contain a clear statement regarding the effectiveness of the Marine Safety Management System in complying with the Port Marine Safety Code. ABPmer, November 2016, R,2418 | ii Comhairle Nan Eilean Siar: Harbour Review Comhairle Nan Eilean Siar Recommendation 5 The Comhairle should consider producing a vision, strategy and business plan that looks at the future prospects of its port and harbour portfolio and how it will meet the requirements of the stakeholders, who should be involved in its development. Recommendation 6 There is no change of Governance model; however, the Comhairle could make better use of the current Governance arrangements. Specifically, consideration could be given to creating a sub- committee of Councillors to form the Harbour Board, allowing for more committee time and focus for port and harbour governance issues. Marine Service Review: Recommendations Recommendation 7 CnES should reinstate the piers and harbours routine inspection check list after due review of its content against the latest HSE ‘Safety in Docks’ ACOP. A procedure for completion of the check lists should be included in the Marine Safety Management System, with details of the manner in which copies should be promulgated and filed. Recommendation 8 CnES should review the current method of managing housekeeping at their piers and harbours. Consideration should be given to using CnES’s powers under Section 30 of the Comhairle nan Eilean Siar (Various Harbours) Harbour Revision Order 2002 to make byelaws to regulate such activities and enforce compliance. Recommendation 9 CalMac’s shore operations at Leverburgh, Berneray, Otternish, Aird Mhor, Ceann a Gharraidh Slip overnight berth should be documented and agreed formally by CnES in a memorandum of understanding and thereafter audited annually and after every reported incident. Recommendation 10 CnES’s Marine Safety Management System should include an organisational diagram (and associated procedures), showing how the Marine Operations Team, Designated Person, Health and Safety department professionals and, where relevant, other departments with links to marine safety consult with one another on issues relating to the Port Marine Safety Code and Health and Safety law, particularly the ‘Safety in Docks’ ACOP. Recommendation 11 Interchangeable job roles and profiles for the Harbour Master and Deputy Harbour Master will provide resilience for their marine safety and management functions. Job roles should be reworded to cover all Port and Harbour locations. ABPmer, November 2016, R,2418 | iii Comhairle Nan Eilean Siar: Harbour Review Comhairle Nan Eilean Siar Recommendation 12 Lochmaddy Marine Assistant duties in respect of managing ferry berthing should be reviewed in order to release the Marine Assistant to carry out duties at other CnES port and harbour facilities. Recommendation 13 Change the employment status of the part-time Marine Assistant based in Barra should be changed to a full time position. This will provide additional capacity to carry out duties at other CnES port and harbour facilities. Recommendation 14 Interchangeable job role and profiles for the two Marine Assistants. Job roles should be reworded to cover all Port and Harbour locations. Recommendation 15 Assistant Harbour Master role should be created as a new post, providing resilience to cover the duties of Marine Office Administrator, Marine Assistants and some functions of the Deputy and/or Harbour Master. Recommendation 16 Marine Office Administrator role created and/or existing administrative role expanded to include the Core Duties (shown in this Report, Section 3.8.5) plus Additional Duties as required. Recommendation 17 The restructured Marine Operations Team should dispense with the idea of home ports or offices. Job roles reworded to cover all Port and Harbour locations. Recommendation 18 All Marine Operations Team members should be issued with a laptop or tablet, and a smart phone to allow them to operate efficiency from any location. Offices and land lines should only be used in areas where mobile signals are poor. Marine Safety Review: Recommendations Recommendation 19 CnES should consider if their approach to appointing a Designated Person provides sufficient support to the decision making of the Duty Holder. ABPmer, November 2016, R,2418 | iv Comhairle Nan Eilean Siar: Harbour Review Comhairle Nan Eilean Siar Recommendation 20 CnES should establish a process for reviewing its Ports and Harbour policies, duties and responsibilities.