Minutes of Meeting 16th May 2007

Wednesday 16th May 2007

Boardroom 10 Cromac Place

The Gasworks

Present:  

  •   Mr Sid McDowell (Chairman)
  •   Professor Bernard Cullen
  •   Mr Brian Hanna
  •   Mr Jim McCusker
  •   Mrs Brenda McLaughlin
  •   Mr Desmond Mitchell
  •   Dr Collim Patton

In Attendance:  

  •   Mr Brian Martin
  •   Mrs Iris Lovell
  •   Miss Susan Dornan
The Commission meeting opened at 10.15am.

1. Apologies

The Chairman advised that Professor Cullen would be late arriving.

2. Minutes of the meeting of 16th May 2007

The minutes of the 16th May meeting were agreed.

3. Matters Arising

3.1

Parallel approach to trawling posts in Health

The Chairman advised Commissioners that no clarification has been received on the process as outlined in Government’s letter of 13 March.

3.2

Enterprise Ulster

Commissioners were advised that a formal response was awaited from Government.

3.3

Cross Sector HR Forum

Commissioners briefly discussed the Government response which had indicated that the local government and education sector representatives were Ian Maye and Mark Browne respectively.
Agreed: Chairman to write to Government.

3.4 4th Sector Events

The Chairman advised Commissioners that Government had agreed to keep a communication event under review in light of political developments.

3.5 Powers of Direction

The Chairman updated Commissioners on the meeting with Government on 27 April at which he had highlighted to officials the Local Government Act 2003 (applicable in Great Britain).  Commissioners considered that the legislation being drafted by DOE should reflect the commitment given by the Secretary of State.
Agreed:  Chief Executive to write to Government seeking clarification of how this is being covered in the draft legislation.

3.6 Staff Transfers Code of Practice/Addendum to Third Guiding Principle – Selection of Staff

Commissioners were informed of the discussion between the Secretariat and Government on 23 April which included the third party dispute resolution process; the role of the Government Actuary and the LRA, and the time period during which appeals could be made using the third party process.
The Chief Executive had advised Government that the Commission did not have an approval role in relation to the Code of Practice, but would want sight of the Code before it issued.  Government has stated that it will respond formally to the Commission after Ministers have been consulted.

3.7 Update on draft Guiding Principles

3.7.1 Draft fifth Guiding Principle -Voluntary Severance Arrangements

Commissioners briefly discussed the draft.  Government has advised that it will respond formally to the Commission after Ministers have been consulted.
Agreed:  Chief Executive to invite Government to the next Commission meeting if no response is received.

3.7.2 draft seventh Guiding Principle - Location

The Chairman advised Commissioners that Government will respond formally to the Commission after Ministers have been consulted.

3.7.3 draft eighth Guiding Principle - Equality

Commissioners agreed amendments to the draft.
Agreed: Secretariat to issue revised draft to Government.

3.7.4 draft ninth Guiding Principle - Capacity Building

Commissioners agreed amendments to the draft.
Agreed: Secretariat to issue revised draft to Government.

3.7.5 Sixth Guiding Principle on Employer Statutory Obligations.

The Chairman informed Commissioners that the Guiding Principle and the associated Code of Practice had been issued by Government on 26 April.

3.8 Update on Future Guiding Principles

3.8.1 draft tenth Guiding Principle on Employment Relations

Commissioners discussed the draft and agreed amendments.
Agreed: Secretariat to amend draft and issue to Government, the sectoral staff Commissions, NIC/ICTU and the LRA for comment.

3.8.2 draft eleventh Guiding Principle - Reorganisation and the Implementation of Change

Commissioners discussed the draft and agreed amendments.
Agreed: Legal opinion to be sought on amendments.  Secretariat to amend draft and issue to Government, the sectoral staff Commissions, NIC/ICTU and employers for comment.

3.9 DHSS&PS Framework Document Parallel obligation

Commissioners were informed that no formal response had been received from Government.

3.10 Detail on interim measures in DHSS&PS

The Chairman advised Commissioners that information on the interim measures proposed by DHSS&PS had not yet been received from Government.

3.11 In-house workshop refining Guiding Principles

Commissioners discussed and agreed amendments to the summary document arising out of the Commissioners’ workshop held on 15 May.  The Chairman advised that the issues would be discussed at the workshop organized by Government on 5 June.

3.12 Government Workshop

The Chairman indicated to Commissioners that the Government workshop on 5 June would include invitees from the Commission, Health, RPA Central Unit and Trade Unions.
Agreed:  Commissioner Collim Patton to attend the workshop along with the Chief Executive and Chairman.

4. Chairman’s Business

4.1 LRA Conference 24 April

The chairman informed Commissioners that he had participated at a workshop entitled “Mediating Change in the New Public Services” at the Workplace 2007 Conflict or Co-operation conference hosted by the LRA.

4.2 Meeting with RPA Central Unit 27th April

The Chairman advised Commissioners that an escalation procedure which would be set in train if Guiding Principles are not being implemented, may be further discussed at the workshop with Government on 5 June.

4.3 LGSC Conference 22nd May (Building Capacity for Change, Hilton Hotel, Belfast)

Commissioners were informed that Commissioner Dessie Mitchell will speak at the event.
Agreed: Commissioners to advise the Secretariat if they wish to attend if they have not already reserved a place.

4.4 Implementation of Guiding Principles – response from Nigel Hamilton

Commissioners noted Government’s response on the implementation of the Commission’s Guiding Principles.

4.5 Draft Libraries Order

Commissioners discussed Government’s response to the Chief Executive’s letter of 1 March in which he had queried a number of points.
Agreed: Chief Executive to seek legal opinion and write to Government.

5 Research proposal

The Chief Executive advised Commissioners that Government had indicated a willingness to participate and partly fund the research project which would focus on the effectiveness of communication.  Commissioners were advised that members of the Secretariat and two Commissioners had met with a researcher to further discuss the project.  The research project was signposted at the Permanent Secretaries Group on 4 May.  The Chief Executive provided an overview of Government’s draft research paper and indicated that there were a number of areas which required amendment.
Agreed: Secretariat to liaise with Government to revise the draft research paper.

6. Impact of Restoration of the Assembly on the Work of the Commission

Commissioners discussed the political situation, the return of the Assembly and how the Commission might liaise with Ministers, Assembly Committees etc.
Agreed: Chief Executive to prepare a short briefing paper on the Commission’s work; to obtain the names of Special Advisors and, when timely, to seek meetings with appropriate Ministers, Committees and Special Advisors.

7. Any Other Business

Commissioners were informed of a conference entitled Delivering on the Reform Agenda” which is being held on 20 June 2007.

8. Date of Next meeting

Wednesday 6th June 2007, 1030 – 1600hrs
Sid McDowell
Chairman's signature dated 6th June 2007

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