Policy Stock-take

Back in 1999, the BPA set out 7 “guiding principles” for ports policy. These are still important today – the principles are:*

  1. “Public policy should be clearly directed towards establishing an efficient, undistorted, unsubsidised, independent and environmentally sustainable transport sector”
  2. “All ports must be able to determine their own organisational structures and commercial policies”
  3. “National transport policies must include the ports industry which expects to be consulted in a substantive way on its role”
  4. “Whatever their ownership status, ports must be subject to equal trading conditions facilitating fair competition between them”
  5. “Port charges should be a matter of commercial negotiation between ports and port users”
  6. “Ports acknowledge their duty to act in an environmentally responsible way; at the same time planning policy must recognise the need for new port development”
  7. “Notwithstanding our support for port independence, there is a need for responsibly targeted regional assistance, for example in the case of peripheral areas and their island connections”

Busy times

In the face of a number of recent policy challenges it is important for the BPA to ensure that its policies continue to match the needs of the times.

The Planning Bill, introduced in the 2007/08 Parliamentary session, will have a number of implications on the ports sector. If passed the Bill will require the government to issue a National Ports Policy Statement and this will mean that the DfT will have to produce market forecasts for the industry. Following this the 2008/09 session will be an extremely important one for the ports industry with two pieces of substantial legislation, the Marine Bill and the Marine Navigation Bill, expected to be introduced.

The BPA has been vigorous in its defence of a market-led ports industry, free from distorting subsidy and the undue influence of government. The Association has also remained true to the principle that “All ports must be able to determine their own organisational structures and commercial policies”.

In terms of ports’ environmental responsibilities, BPA members remain heavily involved in the implementation of the Water Framework Directive and the development of the forthcoming Marine Bill. The thrust of our argument on the Marine Bill has been for a more proportionate, risk-based approach to conservation, using more extensive data.

Next Steps

The BPA has maintained a consistent approach to ports policy since the establishment of its seven principles in 1999. There are, however, areas of disconnect where the principles have become less relevant during the passage of time. Equally, new circumstances, policies and regulations may necessitate additional ‘guiding principles’.

Devolution has come to maturity since the early 2000s. The Scottish Executive has signalled its intention to produce a specifically Scottish ports policy, in support of a Scottish national transport strategy. The Welsh Assembly Government is engaged in producing a similar strategy. These are new challenges for the BPA and new challenges to the achievement of a common policy.

Environmental policy is becoming an ever more important aspect of running a port. Whilst the UK ports policy review examines regional funding and infrastructure issues, the forthcoming Marine Bill will fundamentally alter the management of marine planning and the regulatory regime. An environmental bill may well have a greater impact on the running of ports than Government ports policy.

The BPA’s seven principles have proved remarkably robust. They have allowed the Association and its members to look ahead and approach new challenges without being daunted.

In many ways they remain the right principles and are generally at the heart of what we, as an Association, say. They are living principles, adapting to changing times. This gives them their greatest value.