Minutes of Meeting 6th June 2007
Wednesday 6th June 2007
Boardroom 10 Cromac Place
The Gasworks
Present:
- Mr Sid McDowell (Chairman)
- Professor Bernard Cullen
- Mr Jim McCusker
- Mrs Brenda McLaughlin
- Mr Desmond Mitchell
- Dr Collim Patton
In Attendance:
- Mr Brian Martin
- Mrs Iris Lovell
Government Officials:
- Mr John McMillen, OFMDFM (present for item 4)
- Mr Damian Prince, OFMDFM (present for item 4)
- Mr David Sissling, HSCA (present for item 5)
The Commission meeting opened at 10.35am.
1. Apologies
Apologies from Brian Hanna and Susan Dornan.
2. Minutes of the meeting of 16th May 2007
The minutes of the 16th May meeting were agreed.
3. Arrangements for Proceedings
The Chairman advised Commissioners that there were delegations from Government and Health. He suggested an approach to the handling of the delegations which Commissioners agreed.
4. Representatives from Government John McMillen and Damian Prince, OFMDFM
The delegation arrived at 1050hrs. The Chairman welcomed the delegation and invited the Government representatives to provide an update on 2 areas of interest to the Commission –
Political developments
Outstanding issues
The representatives reported that the DOE Minister had been given approval to review Local Government Reform and report to the Executive in the Autumn. This could result in a 2011 implementation date. Health was continuing to work to establish the Health and Social Care Authority on 1 April 2008. Education could experience difficulty with legislation making April 2008 look challenging for the establishment of the Education and Skills Authority.
Discussion followed around political developments and it was suggested that Ian Maye, Director of Local Government Reform in DOE, should be invited along with OFMDFM officials, to the next Commission meeting to provide an update on the review being undertaken by the Minister.
In relation to the outstanding issues, the representatives reported that the Addendum to the 3rd Guiding Principle as well as the 5th and 7th Guiding Principles had been submitted to Government prior to the restoration of devolution, but the Minister had decided to defer decisions to the Executive. This meant that the 3 aforementioned together with drafts of the 8th, 9th and 10th Guiding Principles were all awaiting Government approval. The representatives added that there was an assumption that OFMDFM Ministers would take responsibility for such matters, but there had been no clarification as yet. Government officials undertook to share with the Commission, on an informal basis, responses to the Addendum to the 3rd Guiding Principle, the 5th, 7th, 8th, 9th and 10th Guiding Principles, whilst formal processes are clarified and carried out. Officials were reminded that the RPA Affected Group document was also outstanding.
Commissioners expressed their continuing concern on whether all staff who are members of the RPA Affected Group are aware of their membership and the Government representatives indicated that work is still ongoing to clarify this.
The Chairman informed the Government representatives that the response received in relation to the Parallel Approach to filling posts in Health did not provide sufficient detail and they agreed to provide examples of the job notices being issued to staff and also written detail on how the pools are being administered.
The Chairman informed the Government officials that the response relating to Powers of Direction also lacked sufficient detail and he asked for written confirmation that the current policy position is that Powers of Direction will be incorporated into the draft legislation. Government undertook to respond on this issue.
A discussion took place around the Research proposal, which had now been agreed in principle by the Strategic Review Group, who had expressed some reservation on the timing. Government officials suggested a targeted approach within the Health sector as a way forward. Commissioners indicated that they would consider this suggestion. The Chief Executive would then take the matter forward with the RPA Central Unit.
There was some discussion around the cost of early severance schemes and the need for Government to make funding available. Government officials agreed to make Ministers aware of the potential costs involved.
5. David Sissling, Health and Social Care Authority
David Sissling arrived at 1150hrs. The Chairman welcomed him and invited him to provide an update on how the RPA process was proceeding in his area of responsibility within Health. He gave an overview, which included the continuing development of the shadow Authority, the devolved approach to Commissioning, Performance Management in relation to waiting times and waiting lists, Community and Primary Care and Social Care, Patient and Client Care and Workforce Planning.
He outlined progress to date in relation to appointments within the Authority and to the Local Commissioning Groups. He added that he would soon be in a position to consult on organisational structures and location.
Commissioners raised the subject of how posts within the new structures would be filled. David Sissling advised that this was currently under consideration and that he wanted to minimize the number of competitive processes to fill posts.
Commissioners made reference to a number of reported anecdotes relating to staff, who had been demotivated by the appointment processes in the new Trusts. David Sissling advised that he was aware of the perceptions and issues referred to and advised that a staff satisfaction scheme, as suggested by a Commissioner, would be a good means of assessing the organisation’s performance in this regard.
6. Deliberations
Commissioners reflected on the delegations and agreed that they wanted the full research project to be taken forward. An immediate targeted approach within Health as phase 1 of the project would be acceptable. Ian Maye, along with OFMDFM officials, should be invited to the next meeting.
Agreed: Chief Executive to liaise with the RPA Central unit on both issues.
7. Matters Arising
7.1 Parallel approach to trawling posts in Health
The Chairman advised Commissioners that the issue had been dealt with
under item 4.
7.2 Enterprise Ulster
Commissioners were advised that in its response, Government remained of
the view that staff could not retain membership of the RPA Affected Group
once they have been made redundant. It was reluctantly agreed to accept
this position for the time being.
7.3 Cross Sector HR Forum
The Chairman advised that he had written to John Hunter indicating the Commission’s view that Civil Servants cannot properly represent the views of the sectors.
7.4 Powers of Direction
The Chairman advised Commissioners that the issue had been dealt with under item 4.
7.5 Update on draft Guiding Principles
The Chairman advised that updates on the Addendum to the 3rd Guiding Principle, and to the 5th,7th,8th 9th and 10th had been covered under item 4.
7.6 Draft eleventh Guiding Principle - Reorganisation and Implementation of Change
The Chairman informed Commissioners that an amended version had been forwarded to the legal advisor for comment and review. It was agreed that, when the legal opinion had been considered, the draft should be issued to all employers and other consultees for comment.
Agreed: Secretariat to amend draft to reflect legal and other consultees’ opinion and issue for comment.
7.7 DHSS&PS Framework Document Parallel obligation
Commissioners were advised that sight of the amended wording to the document had been requested and is awaited.
7.8 Detail on interim measures in DHSS&PS
The Chairman advised Commissioners that some information on the interim measures proposed by DHSS&PS had been received. Commissioners asked to see more detail and seek an assurance that the measures will be available to all staff as required. Commissioners also suggested that one to one meetings between line managers and staff should take place as an effective method of supporting staff throughout the change process.
7.9 Government Workshop
The Chairman indicated to Commissioners that the Government workshop on 5 June had been postponed and would be rescheduled. Commissioners agreed that a number of topics, including the filling of posts in Health by competition, should be on the agenda. Commissioners also requested sight of the detail on numbers of staff, who have competed or who will have to compete for posts in the Health sector. They also agreed that if the workshop did not take place in advance of the next Commission meeting, David Bingham, together with OFMDFM officials, should be invited to the meeting.
Agreed: Chief Executive to request the numbers and data.
Agreed: David Bingham and OFMDFM officials to be invited to the next meeting, if the planned workshop does not take place before then.
7.10 Refining Guiding Principles
Commissioners discussed and agreed that due to the potentially elongated nature of the RPA process, it may be necessary to refine some of the Guiding Principles and in particular the 2nd Guiding Principle. It was agreed that this would be raised at the planned Government workshop
7.11 Draft Libraries Order
The Chairman informed Commissioners that a letter seeking further clarification had been written to Government and a response is awaited. Commissioners agreed that Government should be pressed for a response.
Agreed: Chief Executive to make contact with Government.
7.12 LGSC Conference 22nd May (Building Capacity for Change, Hilton Hotel, Belfast)
The Chairman thanked Dessie Mitchell for speaking on behalf of the Commission at the event. Commissioners who had attended agreed that this had been a productive and worthwhile conference.
8. Chairman’s Business
8.1 Anonymous e-mail
Commissioners discussed the anonymous email received and agreed that, whilst the Commission would not follow up on anonymous correspondence and it was not within the Commission’s remit to investigate the rationale behind the criteria for specific posts. The appointment process, in its broadest sense, would be on the agenda for discussion at the workshop with Government officials, including the Health sector, Trade Union side and Public Service Commission representatives.
9 Research proposal
The Chairman advised that the research project had already been covered and actions agreed under items 4 & 6.
10 Mental Health Commission
The Chairman informed Commissioners that he had met with staff from the Mental Health Commission, who had expressed confusion about how they would be dealt with under RPA. He advised that the issue had been raised with the RPA Central Unit, who reported that a series of discussions were ongoing between DHSS&PS, TUS and RQIA and that updates would be provided in due course.
11. Impact of Restoration of the Assembly on the Work of the Commission
The Chairman informed Commissioners that contact had been made with the Assembly clerk responsible for the Committee for the Centre, indicating the Chairman’s willingness to engage directly at the earliest opportunity. He added that a briefing paper had been prepared. It was agreed that the Chairman should arrange appropriate meetings when he considers the time is right.
12. Any Other Business
None.
13. Date of Next meeting
Monday 9th July 2007, 1030 – 1600hrs

Chairman's signature dated 9th July 2007
