New Harbours Bill for Northern Ireland: overview of proposed reforms to trust ports

Background: review of trust ports and key issues identified

In recent years, the Department for Infrastructure has conducted a review of trust ports, noting that approximately 80% of Northern Ireland’s commercial ports operate as ‘trust ports’, and that a number of challenges have emerged between the Department for Infrastructure and the ports, including increasing supply chain costs and the need to decarbonise operations.

‘Trust ports’ are independent statutory bodies, each governed by their own, unique, statutes and controlled by a local independent board. Unlike private ports, they have no shareholders and any surplus is reinvested into the port for the benefit of its stakeholders. There are over 100 trust ports in the UK, including four commercial ports in Northern Ireland: Belfast, Londonderry, Warrenpoint and Coleraine.

The Department for Infrastructure’s review identified the following themes:

• ONS classification

• Commercial powers available to the trust ports

• New and amending harbour orders

• Marine Safety Legislation

The new Harbours Bill forms part of the wider changes arising from this review.

Why is this important?

Legislation governing trust ports often dates back several centuries - and in some cases as early as 1500s. As a result, current frameworks are often outdated and/or limit the ability of a port to operate efficiently, remain competitive with other UK ports or pursue more modern commercial opportunities. Further, the maritime industry is particularly relevant in supporting decarbonisation, clean energy and green growth, as the UK works towards its target of net zero emissions by 2050.

Next steps

From the 15 June, the Harbour Bill will proceed through the Northern Ireland Assembly’s legislative stages for consideration. At the same time, the Department for Infrastructure also plans to introduce new harbour orders for each of the following trust ports:

• Belfast Harbour Commissioners

• Coleraine Harbour Commissioners

• Londonderry Port and Harbour Commissioners

• Warrenpoint Harbour Authority

This will allow each trust port to amend/remove existing powers and introduce new ones, if appropriate; enabling them to operate more effectively. The Department for Infrastructure’s bulletin can be accessed here.

We are nationally recognised for our expertise and advise in respect of harbour orders, compliance with statutory harbour powers and marine regulation more broadly. Please contact Lara Moore for more information.