Caroline Wall Maritime Security Compliance and Ports Policy Maritime Security & Resilience Division Department for Transport Zone 2/32 Great Minster House 33 Horseferry Road London SW1P 4DR Mr D Llewelyn Tel: 020 7944 6252 E-Mail: [email protected] e-mail: Web site: www.gov.uk/dft [email protected] Our Ref : P0015467 15 December 2017 Dear Mr Llewelyn FREEDOM OF INFORMATION REQUEST REGARDING PORT POLICE FORCES’ USE OF SECTION 7 OF THE MARINE NAVIGATION ACT Thank you for your information request of 20 November. You requested the following information: “On the 3rd July 2014 a written question was asked of the Secretary of State for Transport in relation to Ports Police and section 7 of the Marine Navigation Act 2013. The reply was made by the Parliamentary Under-Secretary on 9th July. I have copied the relevant extract from Hansard below: "Police: Ports:Written question - 203891 Q Asked by Tom Blenkinsop (Middlesbrough South and East Cleveland) Asked on: 03 July 2014 Department for Transport Police: Ports 203891 To ask the Secretary of State for Transport, what assessment he has made of the extent to which chief officers of territorial police forces have used the Marine Navigation Act 2013 to permit port constables to act outside their port area for policing purposes connected with the port constable's police area. A Answered by: Stephen Hammond Answered on: 09 July 2014 Of the six English port police forces, able to use the Marine Navigation Act, the port police forces for Bristol, Dover and Teesport have sought and received the consent of the Chief Constable of the relevant territorial police force to exercise certain powers outside their port area, while a fourth, Liverpool Port Police, is currently seeking it." Please provide any relevant correspondence/information/documents that were used to assist the Parliamentary Under-Secretary in giving this answer. I am particularly interested in the details of the consent given by the Chief Constable of the relevant territorial force as the legislation itself gives some discretion to the Chief Officer as to the level, conditions and scope of the consent for the extended jurisidiction of Ports Police constables.” Your request has been considered under the Freedom of Information Act 2000 (FOI 2000). I am writing to confirm that the Department has now completed its search for the information. A copy of the information is enclosed. Personal information has been redacted from the e- mails in accordance with section 40 of the FOI 2000. In keeping with the spirit and effect of the Freedom of Information Act, all information is assumed to be releasable to the public unless exempt. A copy of this response and the information provided may now be published on the www.gov.uk web-site. If you are unhappy with the way the Department has handled your request or with the decisions made in relation to your request you may complain within two calendar months of the date of this letter by writing to the Department’s FOI Advice Team at: Zone D/04 Ashdown House Sedlescombe Road North Hastings East Sussex TN37 7GA E-mail: [email protected] Please send or copy any follow-up correspondence relating to this request to the FOI Advice Team to help ensure that it receives prompt attention. Please also remember to quote the reference number above in any future communications. Please see attached details of DfT’s complaints procedure and your right to complain to the Information Commissioner. Yours sincerely Caroline Wall CAROLINE WALL (MISS) Port Security/Port Governance Department for Transport Zone 2/32 Great Minster House 33 Horseferry Road LONDON SW1P 4DR [email protected] 020 7944 6251 Your right to complain to DfT and the Information Commissioner You have the right to complain within two calendar months of the date of this letter about the way in which your request for information was handled and/or about the decision not to disclose all or part of the information requested. In addition a complaint can be made that DfT has not complied with its FOI publication scheme. Your complaint will be acknowledged and you will be advised of a target date by which to expect a response. Initially your complaint will be re-considered by the official who dealt with your request for information. If, after careful consideration, that official decides that his/her decision was correct, your complaint will automatically be referred to a senior independent official who will conduct a further review. You will be advised of the outcome of your complaint and if a decision is taken to disclose information originally withheld this will be done as soon as possible. If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at: Information Commissioner’s Office Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF RELEVANT EXTRACT FROM PORT OF BRISTOL POLICE AND AVON AND SOMERSET CONSTABULARY MEMORANDUM OF UNDERSTANDING DATED 21 JUNE 2013 “JURISDICTION The Port of Bristol Police was established under the Harbours, Docks and Piers Clauses Act 1847 with a Jurisdiction of one mile beyond the Port’s limits. The Marine Navigation Act 2013 (section 7) extends that jurisdiction throughout England and Wales, “for policing purposes connected with the port constable’s police area”, with the consent of the relevant chief officer of police. The Chief Constable of Avon and Somerset gives that consent.” From: Police Chief [mailto:[email protected]] Sent: 04 July 2014 15:08 To: Ellen Duffy <[email protected]> Subject: RE: Marine Navigation Act 2013 - extension of jurisdiction of port constables Dear Ellen The Chief Constable of Avon & Somerset was kind enough to amend the wording of the MOU between ourselves to allow my officers to operation within his force area. I have 15 constables to whom this consent would apply. The consent is limited to the wording of the Act. For the sake of clarity I have copied the relevant paragraph below and I have also attached a copy of the MOU. Regards Keith K. Wood Chief Police Officer Port of Bristol Police Royal Portbury Dock Bristol BS20 7XQ Telephone: 01275 375787 JURISDICTION The Port of Bristol Police was established under the Harbours, Docks and Piers Clauses Act 1847 with a Jurisdiction of one mile beyond the Port’s limits. The Marine Navigation Act 2013 (section 7) extends that jurisdiction throughout England and Wales, “for policing purposes connected with the port constable’s police area”, with the consent of the relevant chief officer of police. The Chief Constable of Avon and Somerset gives that consent. From: Ellen Duffy [mailto:[email protected]] Sent: 04 July 2014 14:50 To: '[email protected]'; Police Chief; '[email protected]'; 'Joe.mulgrew@ap- falmouth.co.uk'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]' Cc: Caroline Wall; Michael Read-Leah Subject: Marine Navigation Act 2013 - extension of jurisdiction of port constables Dear All I have been allocated a Parliamentary Question asking to what extent port police forces have sought consent of the Chief Constable of their territorial police force to act outside their area, as provided in s7 of the Marine Navigation Act 2013. I would be grateful, if you could let me know on Monday 7th, whether you have sought this consent and if so, whether it is for limited functions or for all policing purposes. It would also be helpful to know how many constables the consent applies to within your force. I apologise for the short notice, but we are not required to respond to PQs within a day. If you’re unable to provide this information for Monday, please could you let me know by return, when you might be able to respond. Ellen Ellen Duffy Head of Ports Governance | Maritime Commerce & Infrastructure | Department for Transport | Zone 2/29-2/33 | Great Minster House | 33 Horseferry Road | London | SW1P 4DR | 020 7944 2529 Travelling to GMH? Why not make use of our Directions tool. The information in this email may be confidential or otherwise protected by law. If you received it in error, please let us know by return e-mail and then delete it immediately, without printing or passing it on to anybody else. Incoming and outgoing e-mail messages are routinely monitored for compliance with our policy on the use of electronic communications and for other lawful purposes. 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From: Neil Care [mailto:[email protected]] Sent: 06 July 2014 20:54 To: Ellen Duffy <[email protected]> Cc: Paul Wilczek <[email protected]>; Cliff Libby <[email protected]> Subject: FW: URGENT: Marine Navigation Act 2013 - extension of jurisdiction of port constables - Reply 7th July Importance: High Dear Ellen, Your request for information in respect of the Marine Navigation Act 2013 and the extension of jurisdiction applicable to the Port of Dover Police has been passed to me in Supt.