Port of Southampton

Thérèse Coffey Excerpts

Wednesday 18th January 2012 Westminster Hall

[Mr Denham]

The hon. Gentleman is absolutely right, and I will explain the reason why that September to March period is so critical. For entirely legitimate environmental reasons, that activity cannot take place all year round, so we could miss that deadline. As I will say in a moment, contracts need to be let ahead of September if work is going to be started in September—that is critical. If it is not done by next year, the port clearly will be unable to offer the capacity it would like to for the latter part of 2012 and, in particular, 2013.

This debate should not be necessary. The need for investment was identified in a scoping study submitted by ABP to the Marine and Fisheries Agency, the predecessor of today’s Marine Management Organisation, in 2007—in what most people regard as perfectly good time to get the necessary approvals and to get the work under way. In January 2008, following consultation with various bodies, the MMO issued a formal scoping opinion that advised ABP of the scope and content of the required environmental impact assessment. That point is crucial, because not for the last time in this process, ABP was advised and directed to take a particular course of action, and it complied fully. ABP submitted its application on 15 December 2008. The applications were advertised using a form of words directed by the MMO. In February 2009, issues were raised in consultation by Natural England, the Environment Agency and the Royal Society for the Protection of Birds and, I understand, successfully resolved. However, in December 2009, nearly two years after the MMO’s original scoping opinion, the MMO then decided that the public notice it had supplied was incorrectly worded. ABP was asked to place further public notices, using replacement wording supplied by the MMO. That mistake delayed the process by a full 10 months. It is worth noting that Hutchison Ports, the operators of Felixstowe, did not raise any objections during the original consultation. However, following the re-advertisement and during the second consultation, it then did, arguing that the original environmental impact assessment, which was drawn up to the MMO’s specification, had not considered operational impact issues.

[Dr Thérèse Coffey (Suffolk Coastal) (Con)]

Will the right hon. Gentleman explain why Network Rail and the Highways Agency were not included in the original consultation?

[Mr Denham]

The point about this procedure is twofold. Throughout this process, ABP took guidance from the MMO as to what requirements it needed to fulfil. It was reasonable for ABP to do that. It is because it was not well advised—indeed, it was advised to do other things—that we have ended up in this position.

In April 2010, following the re-advertisement and the intervention from Hutchison, which has no local interest at all in this matter—it is purely a commercial rival issue—and having raised those issues, the chief executive of the MMO wrote to ABP, stating:

“Please be assured that the MMO is working pro-actively with ABP to resolve these cases swiftly.”

However, it was not until February 2011, more than three years after the original application, that the MMO finally issued consent, in good time to get this work under way.

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[Dr Alan Whitehead (Southampton, Test) (Lab)]

It is appropriate that we are discussing Southampton port this morning, one day before the House discusses the national ports infrastructure planning document. That document looks, among other things, at the whole question of the strategic role of ports in the UK and at the requirements for ensuring that our ports continue to play such a strategic role in the best way that we can arrange. That is vital.

UK ports provide 95% of our capacity for importing and exporting goods; 95% of imports and exports go through UK ports. So the best possible deployment of UK ports is essential. Historically, Southampton, with Felixstowe and many other UK ports, has always played a major role in providing that national infrastructure, which, as hon. Members have said, is being maintained and improved predominantly on the basis of investment by the companies that run the ports.

Southampton and Felixstowe are particularly important in terms of national strategic planning inasmuch as they are two of the country’s leading container ports with a large throughput of containers. They are either side of London, in close proximity to major international shipping routes, and are vitally placed for receipt of containers, which then go to the rest of the UK. Indeed, the Government have recognised the importance of those strategic ports in terms of what has happened with assistance not to the ports, but to the infrastructure in the recent upgrade of the rail line from Southampton to the midlands, and the proposed upgrade in road access to Felixstowe port.

The Government have recognised the infrastructure considerations for the same reason that ports recognise what they need to do to maintain their competitiveness, not with one another, but as part of the national ports infrastructure. The Southampton rail upgrade is a good example. The international standard now is high-box containers with a height of 9 feet. They cannot be transported efficiently on traditional rail-based container transport, not least because they tend to collide with bridges. To upgrade to international standards and to maintain competitiveness, it is necessary to prevent containers from colliding with bridges on the way north, which is an upgrade to stay in the same place.

It is interesting to reflect on a debate that I obtained 11 or 12 years ago on the future of Southampton port. I speculated about the level of container traffic that would be required in future for UK ports, and the size of container vessels that would come to the port. I talked then about the prospect of vessels of perhaps 8,000 to 10,000 containers coming into the port, and the necessity of considering how we would deal with larger vessels coming in. Now, Southampton’s main customers are talking about shortly bringing in not 8,000-container vessels, not 4,000-container vessels, which my right hon. Friend the Member for Southampton, Itchen (Mr Denham) mentioned and which was the standard a few years ago, but 13,000-container vessels. If our ports in general cannot take those vessels, that will be detrimental to Britain’s national strategic port planning, not just to Southampton or any other specific port.

As my right hon. Friend said, the issue is not just that container-vessel traffic is distributed around the UK; ports across the channel are able and waiting to take traffic that comes up through the channel to container ports. If those vessels turn right because they cannot turn left to the UK because of their size, containers will be trans-shipped from the continent to the UK at a cost of £100 per container over and above what happens at present when they arrive in the UK. Yes, we would receive our containers, and yes, business might proceed as usual, but at a considerable cost to the UK economy and considerable detriment to our strategic port planning.

It is essential that ports such as Southampton address the issues, and Southampton has done precisely that in its proposed £150 million investment in its container terminal, not a new container terminal, but an upgraded one. Ships already come into the port, and the £150 million is for dredging and upgrading the facilities to ensure that new, larger vessels can come into Southampton and be dealt with.

As my right hon. Friend said, not only has Southampton addressed the issue, but it thought that it had introduced its proposals in good time a few years ago. It is a sad record that the Marine Management Organisation has been less than fully adequate in dealing with the challenge of that proposal. It had to re-issue the consultation; it apparently retreated in the face of judicial review when permission had been given; and more recently it has cast around to see whether it has the power to resist further judicial review and challenge of its inherited powers from the Board of Trade in terms of permissions. Southampton made its proposals not just in good time, but in very good time. However, it is faced with the prospect that, if matters do not now go absolutely right—among other things, the salmon run up the River Test is an issue—it will lose its very last window to put that vital upgrade in place to cope with future business at the port.

Why has that judicial review come forward, and why has the Marine Management Organisation, apparently petrified about the possibility of further judicial review, reviewed its powers accordingly? Is it because local amenity groups in Southampton are up in arms? Is it because the Royal Society for the Protection of Birds is worried about the effect on birds? Is it because English Heritage is worried about the effect on the Solent? Is it because Natural England is worried about the natural environment around Southampton? No. None of those organisations has ever objected to the proposal, and none has ever tried to stop it. All agree that the arrangements are satisfactory. Indeed, I understand that no one in the Southampton area has ever objected to the proposal. Nor should they, because the proposal is to upgrade an existing container terminal to bring it up to date with what is required for the port. That is all.

It is astonishing to hear that an organisation from its vantage point 200 miles away has introduced judicial review of the upgrade’s details into the proceedings. It might be said that that organisation wants a level playing field. That appears to be more of a cover than an up-front argument, and it does not require an enormous amount of brainpower to consider what might happen if the port of Southampton were made to go backwards rather than forwards. That is what happens with port management; ports either lose trade or they gain it.

UK trade can be obtained for everyone; it is not a zero-sum game. It is not, however, difficult to conclude that Hutchison Ports believes that delaying or scuppering Southampton’s plans to upgrade its facilities, thereby making it unable to accept larger ships, would directly benefit Felixstowe. A judicial review is a fairly small investment—perhaps £100,000—for what is potentially a large gain. I caution, however, that such a move does not necessarily mean that more traffic will go to Felixstowe. It may not end up in the UK at all, and even if some of it did, in terms of UK plc it is equivalent to one car manufacturer seeking to sabotage another’s production line in the hope that the public will buy its cars, even if some members of the public then buy imported cars. That is the sort of action we are contemplating, and if that is the motivation behind the judicial review, I deplore the fact that it has been requested.

I have reflected on the importance of the port of Southampton to UK plc, and feel that any attempt to obtain such a review should be resisted. We need the ports of Southampton, Felixstowe, Liverpool, Hull, Portishead, Thamesport and others because, as we will discuss tomorrow, they will play a vital role in planning the UK’s future port capacity. The development of the port of Southampton is not only about Southampton but about UK plc making its way and dealing with imports and exports from and to the world. If Southampton fails to get its upgrade as a result of backstairs dealing and, quite frankly, poor service by the body that is required to decide on such applications, that will be of detriment not only to Southampton but to the UK as a whole.

[Dr Thérèse Coffey]

The hon. Gentleman makes the case proudly for Southampton port, as did his right hon. Friend the Member for Southampton, Itchen (Mr Denham). It is a bit of a shame, however, to start impugning commercial decisions. We as parliamentarians want companies to be treated consistently by Government agencies, and in the example we are discussing consistency was not applied. The MMO has ended up paying the costs of the judicial review because it failed to apply the law as it should have done.

[Dr Whitehead]

There is some force in what hon. Lady says. It is a shame, however, that we have to think about the possible motivations behind those who apply for a judicial review. From my vantage point, the conclusion that the prime motivation behind this judicial review did not involve a concern for level playing fields is almost inescapable. Level playing fields should exist for everybody, but someone feeling that they were not applied in their particular circumstances does not warrant an attempt to upset the playing fields for everybody in the country. I hope that we will hear no more about the judicial review, and that mature consideration of what is best for all, including the ports of Felixstowe, Southampton and the others that I mentioned, will prevail.

I hope that this debate, and the efforts made by many of my colleagues from across the south to assist Southampton’s progress with its application, will mean that at this final stage, the MMO ensures that the process proceeds as quickly as possible, and that those involved with UK ports consider what is best for all our ports, rather than individual interests. If that is a result of today’s debate, which I congratulate my right hon. Friend the Member for Southampton, Itchen on obtaining, it will have been a prize worth fighting for.

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[Dr Lewis]

That is a neat argument, but it would have a little more force if the port of Liverpool were not owned privately by Peel Ports. One should not compare what happened to Southampton before it was privately owned with what is happening to Liverpool when it is privately owned. It was a nice try, however, and I give the hon. Gentleman full credit for it.

In the spirit of consensus we have in the debate, I must acknowledge—I think ABP acknowledges this as well—that Hutchison Ports has had a bad deal. More than one local Member has ably made the point that Hutchison Ports feels that it was treated unfairly in comparison with other ports, so it has been making a point of saying that if it does not get fair treatment, it will put a spanner in the works so that other people do not get fair treatment either. I had some friendly and helpful interactions with Hutchison Ports at the time of the Dibden bay dispute, and I say to the company that it has made its point effectively, but it would be carrying things too far to try to make it again.

Time is of the essence, not only in this debate but in terms of the need to make a decision. I conclude by saying that if the debate has focused Ministers’ attention—and, through Ministers, the attention of the Marine Management Organisation—on the need to conclude this over-long process as soon as possible, it will have achieved its objective.

[Dr Thérèse Coffey]

rose—

[Mr James Gray (in the Chair)]

Order. Before I call the hon. Member for Suffolk Coastal (Dr Coffey), whom I know represents the port of Felixstowe, I remind her that the debate is about the future of the port of Southampton, to which she must confine her remarks.

[Dr Thérèse Coffey (Suffolk Coastal) (Con)]

It is a pleasure to serve under your chairmanship, Mr Gray. I intend to refer to many of the comments that have been made about the actions of Hutchison Ports, rather than to proselytise about the benefits of Felixstowe, which are already well known in the House.

Associated British Ports is an investor in the Suffolk ports of Ipswich and Lowestoft, as well as in Southampton. I want to reinforce the point that my hon. Friend the Member for Harwich and North Essex (Mr Jenkin) made about consistency and a level playing field. I commend the right hon. Member for Southampton, Itchen (Mr Denham) on his advocacy of the port of Southampton. As I mentioned in my intervention, companies that we represent are entitled to expect that Government agencies act within the law, and when they do not, it is reasonable to challenge them. The MMO suffers from the sins of its predecessor, but that happens with Governments, agencies and companies, which have to deal with the hand they are given. The MMO fell down initially in accepting the decision and subsequently admitted that it had acted unlawfully, so the order was granted.

The hon. Member for Southampton, Test (Dr Whitehead) pointed out some of the challenges of onshore distribution using the rail and road networks, which have received a lot of investment, as my hon. Friend the Member for Romsey and Southampton North (Caroline Nokes) alluded to. The right hon. Member for Southampton, Itchen was not able to answer for the fact that ABP did not consult organisations such as Network Rail, the Department for Transport rail department or the Highways Agency when considering the land-side environmental impact assessment of its application. I am sympathetic to ABP’s point that it relied on the advice of the Marine and Fisheries Agency at the time, and hindsight is a great teacher. I am surprised that ABP relied on a fisheries agency to provide full planning advice and did not use its own advice to ensure that it had covered every aspect of the planning application, because it is experienced in doing such things.

My hon. Friend the Member for Gosport (Caroline Dinenage) mentioned meddling by a commercial rival. Let me provide a parallel example of what might happen if the law on regulation was not applied consistently. If the Football League brought in transfer conditions that Southampton football club had to apply, but Portsmouth was allowed not to follow the regulations, I can imagine the rows between Southampton and Portsmouth supporters. Members of Parliament would be equally frustrated about the lack of even-handedness. Although I appreciate that the emotions involved in football do not stretch to the technicalities of a planning application, the same issues are involved. Commercially, we want a consistent response from Government agencies.

[Caroline Dinenage]

I am in favour of any positive discrimination that involves Portsmouth football club. We are talking about the economic benefit to the whole of the UK. Leaving aside any commercial rivalries or geographical disputes, we have to look at jobs, economic prosperity and income, which are important for the future of UK plc.

[Dr Coffey]

I understand that perspective entirely, and I will address it briefly.

My hon. Friend the Member for New Forest East (Dr Lewis) has been inconsistent in his argument. He was very generous to Hutchison, especially regarding its advice on Dibden bay, which I remember well because I lived in Hampshire at the time. Again, the argument is about consistency, and ABP and Hutchison are united in saying that nobody objects to Liverpool’s having a cruise terminal, but it should be on equal terms. Both port operators share that position. I do not, therefore, accept that we are talking about different things, although the joy of being a politician is that our greatest competence has to be dealing with paradox.

[Mr Denham]

I realise that time is short, but the point about the legal challenge is that no one is suggesting that Hutchison has suffered massive commercial damage because the MMO got its procedures wrong. If the port of Felixstowe faced closure because of bungling by the MMO, I would understand the hon. Lady’s point. However, she is justifying doing enormous commercial damage to the port of Southampton and the United Kingdom because something has been found not to have been done properly, and the action is totally out of proportion to any damage that Felixstowe has suffered. That is really the objection of Members from Hampshire on both sides of the Chamber.

[Dr Coffey]

I understand that perspective entirely. I am not suggesting that I would encourage Hutchison to continue to apply for judicial review after judicial review.

I have no objection to Southampton being able to accommodate the largest boats, just as Felixstowe can now, but it is critical to encourage the MMO to act swiftly and properly. At the end of the day, it is about ensuring that our civil service agencies can tackle things, and as was said earlier there is the question of making sure that there are resources. It is about focusing on what matters for the UK economy. If the agency had pulled its finger out and made sure that ABP had done its assessment properly in the first place, we might not be in this mess. I would encourage the agency to devote its resources to the issue in question, rather than devoting any further resources to marine conservation zones; that would have an impact on ports around the country, including Southampton and Felixstowe. It should make sure it is business-friendly, pull its finger out and ensure that the law is applied consistently.