§ Mr. Andrew TurnerTo ask the Secretary of State for Transport, Local Government and the Regions what measures are in place to ensure that a harbour authority's powers and duties are not exercised to the detriment of other users or otherwise unfairly, where that harbour authority is also the dominant user of a harbour. [7192]
§ Mr. JamiesonHarbour authorities derive their duties and powers from local and national legislation. Parliament has conferred those duties and powers in a way that strikes a balance between the two and it is incumbent upon harbour authorities to exercise them reasonably. There is no special provision for ports where the harbour authority is also a shipping operator. Parliament has not given my Department any general powers of oversight in respect of harbour authorities' functions.
One important duty, almost invariably incorporated in local legislation, is commonly called the "the open port duty". This provides that upon payment of ship, passenger and goods dues the harbour shall be open to all persons for the shipping and unshipping of goods, and the embarking and landing of passengers. Although these dues may be set as the authority sees fit, they are subject to a statutory right of objection under section 31 of the 894W Harbours Act 1964 which gives the Secretary of State the power to direct an authority to review dues if, after proper consideration, he considers that they are unreasonable.