MEMBERS OFFICERS

T. R. Glover (Chairman) S. M. Atkins

S. J. Lockwood (Vice-Chairman, Wales) I. V. Andrews

D. T. Knowles (Co-opted) M. R. Boyce

O. J. Roberts (Co-opted)

The Chief Executive presented the report on the renewal of leases under the Menai Strait Oyster and Mussel Fishery Order 1962. In the past renewal of the leases had been carried out by Officers but in view of the proposed Gallows Point legal action officers felt that the Chairman’s Working Party Sub-Committee should be asked to approve renewal of the leases in 2009.

Member Councillor Owen of Anglesey County Council had expressed concern that the mussel industry in the Menai Strait was operated by few people and that wider opportunities to hold leases should be offered. He suggested that the leases should initially be extended for a short period rather than for the usual seven years. This matter was discussed at some length and the Chairman’s Working Party felt that such a proposal would likely be challenged by the lessees and was not appropriate at this time.

Dr. Lockwood suggested that the Fishery Order should be considered in its historical context. The current lessees had established the high productivity of the Fishery Order and he felt that as long as the lays were operated to the satisfaction of the Committee and did not breach the conditions of the lease they should be allowed to continue. The expiry of the Order in 2022 would provide an opportunity to review the area of the lays and the holders of leases.

With respect to the content of the lease, the Chief Executive informed Members that this had been reviewed by the Committee’s solicitors. Dr. Lockwood raised a query on one detail in the lease concerning the referral of any dispute over rent to the arbitration of the Director of the SAGB. Dr. Atkins said this was a standard clause that there should be an independent arbitrator in the event of a dispute but agreed to raise this point with the solicitors. It was also pointed out that the Committee’s address would need to be changed in paragraph 1 of the lease. Members were reminded that the current leases would expire in March 2009 and it was agreed that these should be renewed and issued to the current operators.

21 MARINE BILL: STAFF CONCERNS REGARDING THE REORGANISATION OF SFCs

The Chief Executive reported on concerns expressed by enforcement staff in Wales over the impending reorganisation of the Committee. A number of questions had been raised which could not be answered at this time but officers needed reassurance that their concerns had been noted.

The Principal Fishery Officer advised that Mr. Graham Rees (Head of Fisheries Policy, WAG) had stated in a meeting with NWNWSFC Welsh officers on 1^st October that all relevant staff would be transferred to WAG with their terms and conditions of employment protected under TUPE regulations. It is clear that shore based staff will be required to continue fisheries enforcement activities on the Welsh coast in the new regime. However it is not clear how the crew of ‘Aegis’ or promoted staff in Wales will be provided with ongoing equivalent employment since the future of the patrol vessel and the future management structure of enforcement has not yet been considered. Staff based in Wales were seeking an assurance that the Committee would negotiate fair and equitable terms that were no less beneficial than those offered to their colleagues based in England. Dr. Lockwood suggested that a letter be addressed to WAG seeking assurances on the transfer of staff to the new organisation and highlighting the different sets of circumstances between shore-based, patrol vessel crew and promoted officers. Clarification was needed from WAG at the earliest opportunity as to its intentions in order to ensure future employment of Committee staff.

The Chairman stated that the patrol boat crew could be assured that the Committee would maintain the boat for as long as it remained within its powers and jurisdiction.

Following further discussion it was agreed that the Chief Executive would prepare a draft letter seeking assurances from the WAG for all staff and specifically pointing out the different types of staff that would need to be incorporated in any new structure. The draft letter would be sent to Chairman’s Working Party Members for their approval before being submitted to WAG.

The Chief Executive reported on an initial meeting with WAG to review the issues to be resolved in transferring staff to WAG as proposed by the recent WAG consultation. WAG, MFA and SFC existing terms and conditions were mainly similar but a serious discrepancy had been noted in the holiday entitlement of NWNWSFC Officers compared with Defra, WAG and MFA. Civil Service (Defra, WAG, MFA) holiday entitlement for all staff was 30 days compared to the 20 days currently provided by the Joint Committee, rising to 25 days on 5 years’ service. The Chief Executive proposed that prior to the reorganisation of SFC and the transfer of Staff to WAG, the discrepancy in holiday entitlement should be removed or reduced.

Members raised concerns at the possible resource and pay implications of this action and asked whether any comparison on holiday entitlement was available from other SFCs around the coast. Dr. Atkins said that such information was not available at present and it was suggested that Officers should make further investigations into this. It was agreed that a report including comparisons with other SFCs and similar organisations should be submitted to the next meeting of the Joint Committee in December for Members’ consideration.

The Chief Executive took members through the draft Agenda for the Joint Committee meeting on 5^th December 2008.

Following further discussion it was

There being no further business the Chairman thanked Members for attending and declared the meeting closed at 1230 hours.