Minutes of Meeting 8th August 2007

Wednesday 8th August 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
  • Miss Susan Dornan
  • Mrs Iris Lovell
  • Mr William McKee, Chief Executive Belfast Health and Social Care Trust, (present for item 6)
  • Ms Marie Mallon, Director of HR, Belfast Health and Social Care Trust, (present for item 6)
The Commission meeting opened at 10.35am.

1. Apologies

None.

2. Arrangements for Proceedings

The Chairman advised Commissioners of the delegation from the Belfast Health and Social Care Trust and the meeting with Nigel Hamilton (Head of Civil Service).  He suggested an approach to the handling of the delegation which Commissioners agreed.

3. Minutes of the meeting of 9th July 2007

The minutes of the 9th July were agreed.

4. Matters Arising

4.1

Staff Transfers Code of Practice/Addendum to Third Guiding Principle (Selection of Staff for Transfer)
The Chairman advised that these were both discussed with Government at the workshop on 2 August and had been due to go before the Executive on 19 July.  However, the paper had been withdrawn and it was likely that it would now be considered by the Executive in September.
The Chairman conveyed Government’s view on the three key milestones which would trigger access to the third party dispute resolution mechanism and reported that Government was due to meet with TUS this week on the Code of Practice.
Agreed: Chief Executive to raise with Government the issue of a change in work duties being another milestone which could trigger access to the third party dispute resolution mechanism.

4.2

Update on draft Guiding Principles
Commissioners discussed a revised version of the 5th Guiding Principle (Voluntary Severance Arrangements) and Government’s letter of 3rd August which referred to the draft Guiding Principle.
Agreed: Secretariat to make further amendments to the 5th Guiding Principle and circulate to Commissioners for comment.
Agreed: Future agenda items to reflect name and number of Guiding Principle.
Location (draft 7th Guiding Principle), Equality (draft 8th Guiding Principle), Capacity Building (draft 9th Guiding Principle) Employment Relations (draft 10th Guiding Principle) and Reorganisation and the Implementation of Change (draft eleventh Guiding Principle)
The Chairman advised that Government officials wanted to clear all outstanding draft Guiding Principles and the addendum to the Third Guiding Principle (Selection of Staff for Transfer) at a September Executive meeting.  Government will discuss some of the wording in the drafts with the Secretariat this week.  
The Chairman also advised that the Secretariat had drafted a revised, and amalgamated, version of the 10th (Employment Relations) and 11th (Reorganisation and the Implementation of Change) Guiding Principles.
Agreed: Commissioners to email the Secretariat with their comments on the amalgamated draft.

4.3

Confirmation of the application of all interim measures for all staff in DHSS&PS.  
The Chairman reminded Commissioners that Health had supplied some papers at the last Commission meeting, however these did not seem to address a number of the interim measures which had been highlighted in Government’s paper of 31st May.  This had been pointed out to the RPA Central Unit, but there have been no further developments.

4.4

Draft Libraries Bill
The Chairman advised that the draft Bill is currently at Committee Stage until the autumn. Commissioners considered Government’s response of 6th August to the Chief Executive’s letter of 24th May and took the view that it provides the reassurances sought by the Commission.  
Agreed: Chief Executive to write to Government and Commissioners to monitor the position as the draft Bill progresses through the Assembly process.

4.5

Government Officials’ Reflections following Commission meeting 9th July
As recorded in the July minutes, officials were to reflect on a number of issues including staff interests, communication, consistency of treatment, the key role that staff play in any successful reorganization and whether a strategic approach to RPA would be maintained. There has been no response on some of the issues.

5. Chairman’s Business

5.1

Government Workshop
The Chairman informed Commissioners that he, Collim Patton and the Chief Executive had attended a bi-lateral workshop with Government representatives on 2 August. He advised that agreement had been reached on the “at risk” definition emanating from the Commissioners’ workshop held in May. The revised document was circulated to Commissioners, who confirmed their agreement with it. The Chairman informed Commissioners that the document, with a covering letter, had been sent to Government officials, suggesting it be forwarded to Health, encouraging application of the principles contained in the document thereby filling the gap in Guiding Principles around filling vacancies in new organisations.    
The Chairman reported that Government officials were continuing to work on a “Clearing House” arrangement for the public service in Northern Ireland, adding that it may take 6 months to develop the mechanism and that discussions with Trade Unions would take place in tandem as progress ensued.
The Chairman also advised that they had discussed and agreed with Government officials that Guiding Principles 2 (Managing Vacancies) and 4 (Filling New or Substantially New Posts in New Organisations) should be revised.
Agreed: Secretariat to draft a revision of both Guiding Principles   

5.2

Meeting with Nigel Hamilton (Head of Civil Service)
The Chairman informed Commissioners that a meeting had been arranged as agreed at the last Commission meeting and the main purpose was to convey Commissioners’ concern about the impact on staff of any further period of reflection in the RPA process.

6. Representatives from the Belfast Health and Social Care Trust

The delegation arrived at 10.55hrs.  The Chairman welcomed William McKee (Chief Executive, Belfast Trust) and Marie Mallon (Director of HR, Belfast Trust).
The Chief Executive of the Belfast Trust outlined the historical context of the Trust, the management structure, financial targets and mechanisms for handling “surplus” staff. There was discussion on a number of issues including voluntary severance arrangements, appeals procedures, communication, staffing structures and staff satisfaction surveys.
The delegation departed at 11.55hrs.

7. Deliberations

Commissioners agreed that the session with officials from the Belfast Health and Social Care Trust had been informative and useful.

8. 3rd Guiding Principle and Associated Recommendations Staff Transfers – implications of extended timeframe/sectoral approach

The Chairman reported that discussion on this had been overtaken by the Government workshop, the letter of 3rd August from OFMDFM and the proposed “clearing house” mechanism. He added that officials are adopting the position that Guiding Principles already accepted by the previous administration remain extant and that this position would be brought to the attention of the Executive when the outstanding principles were being considered. A discussion followed and Commissioners agreed that they were content with this approach.

9. Research proposal

The Chairman reported that, in spite of a number of reminders issuing from OFMDFM to DHSS&PS, no reply had been forthcoming. There was, therefore, no progress to report on the Research proposal. The Chairman suggested that the issue be raised at the meeting scheduled for the afternoon with the Head of the Civil Service.   

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

The Chairman informed Commissioners that OFMDFM had submitted a paper to the Executive for the 19th July meeting and his understanding is that Departmental Ministers are now responsible for delivering agreed reforms, with the Executive having primary oversight authority. The Executive decided that any reviews should be completed by autumn 2007 and that the original terms of reference for RPA remain operative.
It was agreed that OFMDFM will report on and coordinate RPA implementation and will neither have a challenge nor a champion role.
The Chairman advised that the future role of the Public Service Commission had not yet been put to the Executive.
Agreed: Role of the Public Service Commission to be an agenda item for the September PSC meeting.

10.1

Letter issued by Education Minister

Commissioners noted the contents of the letter issued by the Education Minister.

11. Pre-brief for meeting with Nigel Hamilton (Head of Civil Service)

The Chairman suggested a number of issues for discussion at the meeting with Nigel Hamilton including, the future role of the Public Service Commission, research, the impact of the restoration of the Assembly, the Executive’s approach to RPA, the status of existing Guiding Principles, keeping the interests of staff at the forefront of decision making and the importance of consistent implementation of Guiding Principles across all of the sectors.

12. Any Other Business

None.

13. Date of Next Meeting

Tuesday 18th September 2007, 1030 – 1600hrs
Sid McDowell
Chairman's signature dated 8th August 2007

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