Minutes of Meeting 18th April 2007
Wednesday 18th April 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
Government Officials
- Mr John McMillen, OFMDFM (present for item 3)
- Mr David Bingham, DHSS&PS (present for item 3)
- Mr Gavin Boyd, ESA (present for item 4)
- Dr Mark Browne, ESA (present for item 4)
The Commission meeting opened at 10.35am.
1. Apologies
There were no apologies.
2. Arrangements for Proceedings
The Chairman advised Commissioners that there were two delegations from Government/Health and Education. He suggested an approach to the handling of the delegations which Commissioners agreed.
3. Representatives from Government (John McMillen, OFMDFM) and the Health Service (David Bingham, DHSS&PS)
The delegation arrived at 1045hrs. The Chairman welcomed the delegation and invited the Health representative to provide an update on how the process was proceeding. The representative gave an overview which included filling 3rd level posts; alleviating staff anxiety - confidential counselling service and early retirements for Chief Executives and Directors; the requirement to publish the planned reduction of 1700 jobs and the impact of the Comprehensive Spending Review; instruction to employers that they would not seek to challenge a complaint to an Industrial Tribunal on the grounds that the transfer is not a relevant transfer for the purposes of TUPE, and the consideration being given to slotting various levels of staff into posts rather than by competition. The Chairman opened the floor to questions from Commissioners.
The discussion which followed included the way in which the 1700 job reductions were announced; the Comprehensive Spending Review target; the field of consideration for third level posts where a significant reduction in jobs was forecast, and lack of best practice in filling some Health Promotion Agency posts.
The Government official suggested a workshop, possibly with trade unions, to discuss the RPA Affected Group and that research might be undertaken on auditing procedures. Other issues discussed included the high degree of staff anxiety; the lack of clarity in certain sectors, especially local government on the implementation of RPA; the lack of awareness that staff could apply for cross sector jobs; recognition that the definition of staff “at risk” could change throughout the process, and the impact of devolution.
Agreed: Health representative to formally respond to the Commission on the meaning of the line under the paragraph entitled “Obligations on employees” in the HPSS HR Framework document where it is stated “There is a parallel obligation on employees to co-operate with employers in making changes and in attempting to mitigate their individual loss.”. Health representative to consider this wording if the obligation has no statutory obligation. Health representative to ensure due consideration is given to job specification criteria for posts being advertised so as not to unnecessarily exclude staff from smaller organizations.
4. Gavin Boyd and Dr Mark Browne (Education and Skills Authority)
The delegation arrived at 1200hrs. The Chairman welcomed Gavin Boyd and Dr Mark Browne from the Education and Skills Authority. The delegation outlined the role of the ESA and the challenges faced. A number of points were made including the smooth transfer of staff; delivering efficiencies and improving standards; developing structures; delivering the school estate; engaging with Chief Executives of existing organisations and trade unions. The Chairman opened the floor to questions from Commissioners. The discussion which followed included the development of organisational structures; the filling of posts at 2nd tier level; the definition of new posts; decentralisation; communication with staff; the development of a document similar to the HPSS HR Framework document, and a commitment to the Commission’s Guiding Principles as accepted by Government. The delegation left at 1300hrs.
Agreed: Chief Executive of the ESA to reflect on how best to advise staff that they were in the RPA Affected Group and on their eligibility to apply for posts in other sectors.
Deliberations on Items 3 and 4
Commissioners discussed the dialogue with David Bingham and asked for more detail on the interim measures, which Health has put in place, to assist staff during the transition.
Agreed: Chief Executive to write to David Bingham requesting further information.
Commissioners discussed the proposal by John McMillen to run a bilateral workshop focusing on the RPA Affected Group and “at risk” staff and agreed that it was an opportunity worth exploring.
Agreed: Chief Executive to convey decision to RPA Central Unit.
6. Minutes of the meeting of 20th March 2007
The minutes of the 20th March meeting were agreed.
7. Matters Arising
7.1 Research Proposal
Commissioners discussed at length the subject of having research undertaken and concluded that;
- Government should be asked for a definitive response on their participation in the project in time for the Commission meeting in May.
- Secretariat should draw up a plan for independent research, which could be discussed at the meeting scheduled for May.
Agreed: Chief Executive to write to Government and Secretariat to draw up a plan for the research proposal.
7.2 Filling Third Level Posts in Health
Commissioners noted a response from Government explaining the rationale behind the decision to advertise to staff, who work in the Trusts.
7.3 Parallel Approach to trawling posts in Health/RPA Affected Group
Commissioners were advised that clarification was awaited from Government on the process outlined in its letter of 13 March.
7.4 5th Guiding Principle - Voluntary Severance Arrangement
The Chairman advised Commissioners that a formal response had not been received from Government, but that they had undertaken to provide a response by the first week in May.
7.5 Enterprise Ulster
The Chairman advised Commissioners that he had not received a response to his letter dated 21st March and it was agreed that Government should be asked if they will be responding on this issue.
Agreed: Chief Executive to contact Government on response.
7.6 RPA Affected Group
The Chairman informed the meeting that a substantive response had not yet been received from Government. It was agreed that the bilateral workshop proposed by Government might be the appropriate forum in which to take this subject forward.
7.7 Cross Sector HR Forum
The Chairman asked the respective Chairmen of the Commissions if they have been advised of the identity of the sectoral representatives and both informed the meeting that they had not been made aware of the representatives.
Agreed: Chief Executive to write to John Hunter.
7.8 4th Sector Events
The Chairman informed the Commission that the Chief Executive had made contact with the sectoral Commissions, both of whom had agreed to participate in organizing an event, the details of which would be fleshed out now that the Easter break was over.
7.9 Powers of Direction
The Chairman informed Commissioners that a formal response from Government remained outstanding. Following discussion Commissioners agreed that if clarification on the duration of power of direction is not received by the end of April, a commitment will be sought from David Hanson.
Agreed: Chief Executive to write to Government.
7.10 Staff Transfers Code of Practice/Addendum to Third Guiding Principle – Selection of Staff
The Chairman advised Commissioners that Government had indicated that full and final clearance of drafting would run into May and a substantive response is expected then.
7.11 Sixth Guiding Principle - Employer Statutory Obligations - Code of Practice
The Chairman informed the meeting that the Code of Practice had been finalised, with formal issue expected shortly.
7.12 Update on Future Guiding Principles
The Chairman advised Commissioners that the Secretariat was working on a draft on “The Employment Relationship”. It was anticipated that a draft would be available for the next meeting.
7.13 Update on Draft Guiding Principles on Equality and Capacity Building
The Chairman informed the meeting that comments were due on the 18th April, but that Government had indicated its responses may not be cleared before the 8th May.
8. Chairman’s Business
8.1 Meeting with RPA Central Unit
The Chairman informed Commissioners that he and the Chief Executive had met with the RPA Central Unit to discuss a number of issues.
8.2 Invitation to Participate at LRA Conference on 24th April
The Chairman informed the meeting that he had been invited to participate in the Labour Relations Agency conference, entitled “Mediating Change”, scheduled to take place on Tuesday 24th April.
9. Impact of Restoration of the Assembly on the Work of the Commission
Commissioners discussed the Restoration of the Assembly and agreed that the Chairman should seek an early meeting with the appropriate Minister and Committee Chairman.
Agreed: Chief Executive to arrange.
10.Draft recommendation – 7th Guiding Principle and Associated Recommendations on Location
The Chairman informed the meeting that a formal response on the two outstanding issues had not been received. He added that Government had undertaken to provide a substantive response by the first week in May.
Commissioners discussed the Location workshops, organised and facilitated by DFP, which a number of them had attended. Commissioners concluded that it had been important to highlight the consideration which the Commission had given to location at both events.
11. Any Other Business
11.1 Workshop on Refining Guiding Principles
Commissioners agreed to attend an in-house workshop on refining Guiding Principles on Tuesday 15th May scheduled from 1000hrs – 1230hrs.
11.2 Schedule of Future Meetings
Commissioners agreed the following dates for Commission meetings:
Monday9th July1030hrs- 1600hrs
Wednesday8th August1030hrs- 1600hrs
Tuesday18th September1030hrs- 1600hrs
Tuesday16th October1030hrs- 1600hrs
Tuesday20th November1030hrs- 1600hrs
Wednesday19th December1030hrs- 1600hrs
12. Date of Next meeting
Wednesday 16th May 2007, 1000 – 1300hrs
Chairman's signature dated 16th May 2007