NORTHERN LIGHTHOUSE BOARD BOARD MEETING. MINUTES 24 October 2013

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1 NORTHERN LIGHTHOUSE BOARD BOARD MEETING MINUTES 24 October 2013 PRESENT: Captain Mike Close Chairman Alistair Mackenzie Vice Chairman Alastair Beveridge Captain Michael Brew Graham Crerar Sheriff Principal Alastair Dunlop QC Sheriff Principal Bruce Kerr QC Sheriff Principal Brian Lockhart John Ross CBE FRAgS Sheriff Principal Craig Scott QC Sheriff Principal Mhairi Stephen Councillor Isobel Strong In Attendance: Roger Lockwood CB Chief Executive Captain Phillip Day Director of Marine Operations Douglas Gorman Director of Finance & Administration Moray Waddell Director of Engineering Jill Bennett Secretary to the Board 1. APOLOGIES FOR ABSENCE Apologies for absence were noted from s Adam, Gray, Mulholland, Pyle, Thomson and Wilson. The Chairman welcomed Brew to his first formal full meeting of the Board of s. 2. MINUTES OF PREVIOUS MEETING The minutes of the Board meeting held on 16 May 2013 and the Extra-Ordinary meeting held on 23 July 2013 were agreed as a correct record and the Board agreed that the minutes could be published on the website. Action: Secretary to the Board 1

2 3. MATTERS ARISING There were no matters arising that were not dealt with later in the agenda. 4. MAJOR MATTERS 4a Corporate Plan Corporate Plan The Board noted that the Managing Board had been briefed on the Corporate Plan at their meeting on 4 October 2013 and approved the Corporate Plan for submission to the Department for Transport. 4b Joint Strategic Board (JSB) The Board noted that the JSB meeting held in early June had been a positive meeting with the GLAs working well together. It was noted that the Framework Document had been updated in order to clarify the new relationship between the GLAs and DfT following delegation and had been signed by the GLAs and DfT on 30 July The Board noted that the next meeting was to be held on 19/20 November 2013 and that the main agenda items were scrutiny of the Corporate Plans, triennial review arising from ONS Classification, pensions, ROI light dues and the way forward for CIL following The Board noted that designation had lead to numerous requests from the DfT for information that were not always relevant and noted the time involved in dealing with these requests. The Board noted that two sets of accounts were required to be prepared as a set of GLF accounts was required under the Merchant Shipping Act, and following delegation, another set of accounts required for the DfT. 4c Pensions The Board noted the paper setting out the arrangements for the merger of the Northern Lighthouse Pension Scheme with the Principal Civil Service Pension Scheme and that to effect membership of the PCSPS the Board will need to enter into a Participation Agreement with the Cabinet Office. As the Participation Agreement requires approval from the Board of s and that it is unlikely that everything will be in place at the same time as a scheduled Board of s meeting it was agreed that responsibility should be delegated to the Chairman and Vice Chairman to approve the merger and the date of merger on behalf of the Board of s. Graham Crerar reported that the JSB Pension Committee continued with their watching brief on behalf of the GLAs over the work of the Pensions Working Group. The Board of s approved the following Resolution: 2

3 RESOLUTION It is RESOLVED that that the Northern Lighthouse Pension Scheme should be merged with the Principal Civil Service Pension Scheme and the membership be transferred by a bulk transfer without members consent subject to: Department for Transport Statutory powers The approval of Secretary of State for Transport under S.214 (1) of the Merchant Shipping Act 1995, as amended. The Commencement Order to bring into force S.214 (2) of the Merchant Shipping Act1995 having been laid before Parliament. Assurances Receiving a satisfactory assurance from the Department for Transport that the Northern Lighthouse Board can meet and continue to meet its financial obligations as a member of the Principal Civil Service Pension Scheme. Receiving confirmation from the Department for Transport that the various assurances, including the Letter of Comfort, will remain in place. Business case Confirmation from the Department for Transport that agreed arrangements are in place with the Cabinet Office to pay the bulk transfer payment. Actuaries Statutory requirements Receiving a certificate from actuaries in the form required by The Occupational Pension Schemes (Preservation of Benefit) Regulations 1991 as amended. The certificate is to provide a professional assurance to the Board that: No member, beneficiary or contingent beneficiary is to be given materially inferior benefits in the new scheme to those in the old scheme. The value of the equivalent past service rights granted to each member in the PCSPS is not less than the value of the member s rights in the NLPS including the value of discretionary benefits. The Executive Statutory requirements Receiving a satisfactory assurance from the executive that there are no administrative barriers to signing the Participation Agreement with the Cabinet Office that will adversely affect the merger. Receiving a satisfactory assurance from the executive that appropriate staff engagement has been completed and no significant issues have emerged. Receiving a satisfactory assurance from the executive that professional advice has been taken to ensure the merger has complied with all statutory requirements. Joint Strategic Board General Lighthouse Authorities pension strategy Receiving confirmation from the Chair of the Joint Strategic Board Pensions Committee that there are no issues that would prevent the merger taking place. It is also RESOLVED that responsibility is delegated to the Chairman and Vice Chairman to: Consider and decide when the terms of the resolution have been met. If so, to approve that the Northern Lighthouse Pension Scheme should be merged with the Principal Civil Service Pension Scheme membership be transferred by a bulk transfer without members consent. Agree the effective date. Authorise the Executive to enter into a Participation Agreement with the Cabinet Office. It was NOTED that the Chairman and Vice Chairman may convene an extraordinary Board meeting under Standing Order 1(b) if they deem it necessary to further consider the merger of the Northern Lighthouse Pension Scheme with the Principal Civil Service Pension Scheme and the transfer of the membership by a bulk transfer without members consent. 3

4 5. CHIEF EXECUTIVE S OVERVIEW The Board noted the Chief Executive s summary of the work of the Executive since the last meeting. Annual Report and Accounts The Board noted that following the Extraordinary Board meeting on 23 July 2013 to finalise the Annual Report and Accounts, final approval was put on hold until the National Audit Office was satisfied by an explanation as to why NLB s (and CIL s) valuation of a rock lighthouse was significantly lower than TH s. The Board noted the Chairman and Chief Executive finally signed the accounts on 18 September Chief Executive s Retirement The Board noted that the Chief Executive s decision to retire in May 2014 and, on behalf of the Board of s, the Chairman thanked Roger Lockwood for his work with Westminster and Holyrood to ensure NLB s high standing within governmental circles and within the wider marine community. 6. OPERATIONAL ISSUES 6a Health and Safety The new QHSE Manager, Billy Byrne, joined the meeting for this item and gave a background to his career in Health and Safety. The Board noted his first impressions during his first five weeks in post and future plans including issuing an Evidence of Change brief following incidents in order to learn from events. The Board noted that the newly set up Health and Safety Committee would report to the Managing Board and as such the reports to the Board of s would be less every day detail, rather reporting by exception. The Chairman pledged the full support of the Board of s to assist the QHSE manager and that the new Health and Safety Committee would give the QHSE executive access to Board members. 6b Marine Operations Report The Board noted the report from the Director of Marine Operations. The Board noted that fuel continued to be supplied to the ships under a Scottish Government agreement, during the shutdown of the Grangemouth refinery. The Board noted that work continued on a tri GLA basis on preparations for a combined single aircraft or equivalent contract for 2015 and beyond and that a briefing paper on the process was to be submitted to the next Managing Board to allow the project to be scrutinised before the tender was issued. 4

5 6c Engineering Report The Board noted the report submitted by the Director of Engineering. Bell Rock It was noted that works to refurbish the helipad were now complete. Copinsay The Board noted the latest report from the specialist consultant on the Copinsay cliff issues was to be issued to the Navigation Committee for review in October 2013 and then recommendations submitted to the Managing Board. Availability The Board noted the improvement in the Cat 1 availability statistics. s Inspections Action Progress Summaries The updated action summaries for 2012 and 2013 were noted. 6d Finance and Administration Report The Board noted the report on the financial performance in Financial Year 2013/14 up to 30 September e HR Report The Board noted the report from the Human Resources Manager. 7. COMMITTEE REPORTS 7a Managing Board The minutes of the Managing Board meetings held on 27 June and 3 October 2013 were noted. The Chairman advised that he planned to give a regular update on his calendar relating to business associated with the Board s activities within the Managing Board AOB. 7b Audit and Risk Committee The Board noted the minutes of the meeting held on 23 July

6 8. COMMISSIONERS BUSINESS 8a Corporate Calendar The Board noted the Corporate Calendar for the remainder of The draft Calendar for 2014 was noted. It was agreed to follow the Board of s meeting to be held on 24 July 2014 with a s Dinner. It was agreed that the final Calendar would be circulated electronically with the minutes. Action: Secretary to the Board 8b s Handbook The Chairman reported that he and the Vice-Chairman were reworking the s Handbook in the format of a Quality Controlled document with the Vice Chairman as the owner of the document. Once complete, the draft revisions would be circulated to the Board for comments. Action: Chairman/Vice Chairman/Secretary to the Board 8c s Contact Book The Board noted the latest version of the Contact Book circulated with the agenda papers. 8d Committee Structure Health and Safety Committee The Board noted the arrangements for the creation of the Health and Safety Committee. It was noted that the Nomination Committee had agreed that the Committee should be chaired by the Vice Chairman and that for ease during the instigation period, the H&S Committee membership would be drawn from the Navigation Committee (apart from the Chairman). This would allow for ease of initial meetings to be held on the same day as the Navigation Committee. Dates for the meetings were provisionally agreed as 2pm 14 November 2013 (an initial scoping meeting); 2pm 16 January 2014; 10am 28 April 2014; 2pm 17 September 2014 at Oban; 2pm 11 November Managing Board The Board agreed that Brew should fill the vacancy on the Managing Board. 8e s Passes The Board noted the new NLB passes incorporating photographs. 9. ANY OTHER BUSINESS 9a Chamber of Shipping Seminar on Scottish Independence The Board noted that feedback from the questions raised at the seminar and forwarded to the Scottish Government was still awaited. 6

7 9b Director General, Chamber of Shipping The Board noted Guy Platten s appointment from January 2014 as the next Director General and that he was a former NLB Director of Marine Operations. The Chief Executive intends to update Mr Platten on tri-gla issues before he assumes his new post. 9c Strong The Board noted that Strong would be standing down as Provost of Argyle and Bute Council on 31 October 2013, and that this was therefore her last meeting as an NLB. The Chairman thanked Strong for her input during her brief spell as a. 9d IALA The Board noted that the International Association of Marine Aids to Navigation and Lighthouse Authorities (IALA) was planning to change its constitutional arrangements from a non-governmental organisation to an inter-governmental organisation following a diplomatic conference in late 2014 or early It was noted that this change would mean that IALA recommendations would have more weight and that it would be able to draft and publish its own conventions rather than relying on the International Maritime Organisation. It was noted that the status of the current membership would change and that states would have to nominate a representative organisation and could also have an alternate named. It was agreed that this should be raised at the JSB in November Action: Chairman 10 PRIVATE BUSINESS The s then held a short private session. 7