Lord Hendy of Richmond Hill (Lab)

My Lords, government Amendments 56 and 359 relate to Clause 46. Harbour revision and empowerment orders under the Harbours Act 1964 extend or modify ports’ statutory powers. The Marine Management Organisation currently charges fees for harbour orders in England and for the reserved trust port of Milford Haven. Elsewhere in Wales and in Scotland, fees are the responsibility of the devolved Ministers. These fees are currently charged at flat rates in advance, an approach that does not align with marine licence applications. The current system does not accurately reflect the complexity or time required for each application, especially for works applications, and does not allow enough flexibility in charging, which currently leads to inefficiencies and inaccurate cost recovery and slows down application processing. Clause 46 offers great flexibility in setting fees in relation to case work on these orders—for example, charging on the basis of actual hourly costs. The actual fee level will be subject to consultation with ports and relevant stakeholders. In line with the devolution settlement, this new, more flexible regime will be commenced by the Scottish and Welsh Governments at a time of their choosing.