minutes of meeting 21st february 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, RPA Central Unit (for items 2, 3 & 4)
Mr Paul Sweeney, DCAL (for item 2)
Mr Colin Jack, DCAL (for item 2)
Mr David Bingham, DHSS&PS (for item 3)
Mr Damian Prince, RPA Central Unit (for items 3 & 4)
Mr Maurice Dowling, RPA Central Unit (for item 4)

The Commission meeting opened at 10.35am.

1. Apologies and Arrangements

There were no apologies. The Chairman gave an overview of the delegations attending the meeting. Commissioners discussed the approach to be taken.

2. Submission from DCAL, Chief Executive Designate, Library Authority

The Chairman welcomed Government officials to the meeting and thanked them for the provision of the job description and equality analysis.

Paul Sweeney indicated that equality considerations were no longer a determining factor in the decision on how the post should be advertised. John McMillen agreed to consider the equality analysis methodology. The Permanent Secretary then expanded upon the business need reasons behind seeking to fill the post by fully open competition.

Commissioners raised a number of points including the impact the decision would have on posts in other sectors and the need for consistency; the scope of the job in terms of responsibilities, staff and budget managed; the availability of the required skills, attributes and expertise of staff in the RPA Affected Group, and the fourth Guiding Principle which recommended that the post be advertised within the RPA Affected Group in the first instance.

The Permanent Secretary indicated that he was content to abide by whatever decision the Commissioners reached in relation to the initial step to be taken in filling the post.

At the end of the discussion, the Chairman undertook to advise Paul Sweeney of the outcome of the Commissioners’ deliberations as soon as possible.

3. Presentation from Government on Implementing the 2^nd and 4^th Guiding Principles

Government took the opportunity to share its experience of implementing the Commission’s Guiding Principles with the emphasis on Health as this was the most advanced sector in the process. Health accepted that it was not complying fully with the second Guiding Principle.

There was a broad discussion on a number of issues including communication; the need to discuss implementation issues with the Commission rather than risk not complying with a Guiding Principle; how to make people aware that they were in the RPA Affected Group; the development of a multi faceted approach to communicate vacancies to staff within the RPA Affected Group across all sectors including the possible use of a clearing house, more effective use of technology, and making better use of existing Staff Commissions; the role of the RPA Central Unit both in the implementation and monitoring of Guiding Principles and the need for research to obtain factual evidence of the effectiveness of PSC Guiding Principles.

Agreed: Government undertook to consider the points which had been raised and to engage further with the Commission.

4. Presentation from RPA Central Unit on Capacity Building Action Plan

The RPA Central Unit provided an overview of capacity building across the sectors; the role of the RPA Central Unit, and a summary of future plans. This was followed by a discussion on a number of issues including a cross-sectoral, partnership approach; co-ordination at a strategic level; the necessity of avoiding duplication of effort, Community Planning, and the development of a PSC Guiding Principle.

5. Deliberations

5.1Chief Executive Designate, Library Authority

Commissioners appreciated the positive engagement with Government and agreed that, in line with the guidance provided in the 4^th Guiding Principle, the Chief Executive post should, in the first instance, be advertised within the RPA Affected Group.

Agreed: Chairman to write to Paul Sweeney to advise of the Commission’s decision.

5.2 Implementation of the 2^nd and 4^th Guiding Principles

Commissioners noted that DHSS&PS had not been complying with the 2^nd Guiding Principle but were reassured that Government would work constructively to address this. Commissioners considered that Government, not individual Departments, must take ownership and ensure that Guiding Principles are being implemented.

Commissioners also expressed concern on how best to ensure that all members of the RPA Affected Group are aware of their membership of the Group and aware of all vacancies being advertised. It was agreed that a multi-faceted approach to Communication would be required to address these specific issues.

Agreed: Chief Executive to write to RPA Central Unit to draw attention to issues surrounding the monitoring and implementation of Guiding Principles.

5.3 Capacity Building

Commissioners discussed Capacity Building and agreed that a workshop should be organized to determine the necessity for a Guiding Principle.

Agreed: Secretariat to organise a 2 hour workshop on Capacity Building.

6. Lunch

7. Minutes of meeting 21^st February 2007

The minutes of the 21^st February meeting were agreed.

8. Matters Arising

8.1 5^th Guiding Principle - Voluntary Severance Arrangements

The Chairman reported that discussions with Government were ongoing.

8.2 Enterprise Ulster

After discussion, Commissioners agreed that a further letter should be written to Government, suggesting enhanced compensation arrangements for Enterprise Ulster staff plus their right to retain membership of the RPA Affected Group following redundancy.

Agreed: Chairman to write to Government.

8.3 RPA Affected Group

The Chairman reported that the Commission’s position on the RPA Affected Group had been forwarded to Government. A formal response is awaited from Government.

8.4 Cross Sector HR Forum

The Chairman reported that no formal response had been received from Government.

8.5. HPSS HR Framework Document

Commissioners discussed the DHSS&PS response dated 8^th February and

expressed a desire to see the draft “Staff Transfer” scheme in advance of publication to ensure the opportunity to comment.

Commissioners also expressed interest in the comment made under the paragraph entitled “Obligations on employees” where it was stated “There is a parallel obligation on employees to co-operate with employers in making changes and in attempting to mitigate their individual loss.” As the letter seems to indicate there is employment legislation to this effect, Commissioners asked for clarification on the legislation referred to.

Agreed: Chief Executive to write to Government requesting sight of the draft “Staff Transfer” paper and for clarification on the legislation referred to.

8.6 4th Sector

The Chairman reported that Government had expressed doubt about the necessity for an event and invited comment from Commissioners.

Commissioners discussed and agreed that an event, or series of events possibly across Northern Ireland covering staff in all organisations involved in RPA, would provide Government with the opportunity to get feedback directly from staff as well as enhancing networking and cross sectoral learning. They concluded that such events could also tie in with the research suggestion which Government is considering.

Commissioners also expressed their willingness to be involved in organising and participating in these events.

Agreed: Chief Executive to write to Government outlining the Commission’s position.

8.7 Draft Guiding Principle – Equality

The Chairman reported that the Secretariat had drafted a Guiding Principle on Equality and that he and the Chief Executive had met with the Equality Commission to discuss the merits of issuing a Guiding Principle.

He advised that the Equality Commission keenly supported the development of a Guiding Principle, and had agreed to forward comments on the draft by the 7^th March.

8.8 4th Guiding Principle – Powers of Direction

The Chairman reported that a response is awaited from Government.

9. Chairman’s Business

9.1 RPA Steering Group 2^nd February

The Chairman reported that Governance issues in relation to RPA should be resolved at the next meeting of the RPA Steering Group on Friday 2^nd March.

9.2 Rural Development Council

The Chairman reported that he and the Chief Executive had met with the Chief Executive, Deputy Chief Executive and Chairperson of the Rural Development Council. The Chairman and the Chief Executive had concluded that TUPE applies to RDC staff.

He also advised that John McMillen had met with senior officials from DARD and following that meeting had requested an urgent meeting with him. A meeting has been scheduled for 8^th March.

9.3 Recruitment of HPSS Directors

Commissioners noted the letter from DHSS&PS detailing the breakdown of applicants for the 44 Director Posts.

9.4 Location of HQs of new Health Organisations

The Chairman informed Commissioners that following receipt of the letter from DHSS&PS advising of the temporary Headquarters for the 5 new Trusts , the Chief Executive had written to Government seeking clarification on the meaning of “temporary”. A response is awaited.

9.5 3^rd Guiding Principle – Code of Practice

Commissioners noted the position on the Code of Practice and undertook to forward comments to the Secretariat.

The Chairman reported that Government is seeking a meeting to discuss the draft and in particular, the resolution of pension disputes.

Agreed: Commissioners to forward comments on the Code of Practice.

9.6 6^th Guiding principle – Code of Practice

The Chairman reported that Government has formally accepted the Guiding Principle and has gone out to consultation on the “Code of Practice”. He indicated that the Chief Executive has written to Government, expressing a view, shared by NIC/ICTU, that the Code contained insufficient detail. Commissioners agreed with this view.

9.7 HSS (Reform)(NI) Order 2007

The Chairman informed Commissioners that a response had been received from Government, advising that the required changes to wording could not be made within the timeframe and that DHSS&PS has written to consultees to stress that it is likely that the final version of the Order would replicate the wording used in the Libraries Order.

10. Draft Recommendation – 7^th Guiding Principle and Associated Recommendations - Location

The Chairman reported that amendments had been made to the Draft Guiding Principle following a meeting with Government on 7^th February. He advised that there were two outstanding issues, which Government is considering.

11. Selection of Staff for Transfer

The Chairman advised that comments were awaited from Government.

12. Any Other Business

None.

13. Date of Next meeting

Tuesday 20^th March 2007, 1030 – 1600hrs

Chairman's signature dated 20th March 2007