Minutes of Meeting 19th December 2007

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

The Commission meeting opened at 10.45 am.

None.

The minutes of the 20 November meeting were agreed.

Staff Transfers Code of Practice

Commissioners were advised that Government officials met Trade Union representatives about progressing this on 18 December. Commissioners were also advised of at least one case where an individual is seeking recourse to independent 3^rd Party Dispute Resolution, but that the arrangements are not in place yet.

Agreed:  Commissioners to see final version of Code of Practice when available. Secretariat to let Commission’s legal adviser have sight of it. Chief Executive to write to Government officials expressing concern Commissioners have at the length of time it is taking to conclude the Code of Practice. Letter to be copied to NICICTU.

Update on draft Guiding Principles

Copies of the 2^nd [Revised] Managing Vacancies Effectively in Existing Organisations, 4^th [Revised] Filling Vacancies and New or Substantially New Posts in New Organisations and 10^th Reorganisation and Implementation of Change were tabled. Commissioners were advised that Government officials have now started the internal consultation process with a view to the 3 Guiding Principles being considered by the Executive on 17 January 2008. Letters from the RPA Central Unit [dated 17 December] and NICICTU [dated 18 December] were  tabled and noted by Commissioners.

Minister of HSS&PS – Review Process

The Chairman advised Commissioners that he had raised the Commission’s concerns about this review at his meeting with the Head of NICS. Commissioners also read the response on the issue from RPA Central Unit in the letter of 17 December. Commissioners did not consider that this provided reassurance on either the methodology being employed in undertaking the review or the timescale for final decisions. After a wide ranging discussion on the impact that delays to the implementation process were having on staff Commissioners decided that the Chairman should write directly to the Minister of HSS&PS expressing the concerns of the Commission.

Agreed: Chief Executive to circulate draft letter to the Minister round Commissioners for comment. Secretariat to put Chairman’s letter of 23 November to HOCS [or extracts from it] on Commission’s website. HOCS to be advised of this first.

Meeting with HOCS – 17 December 2007

A brief note of the main issues discussed at a meeting between the Head of  NICS and the Chairman was tabled. The Chairman explained that the main purpose of the meeting was to discuss the concerns of Commissioners that delays to the RPA implementation process were having on staff across all sectors. Other issues were discussed such as Location, compliance with Guiding Principles and the 5^th Guiding Principle on Voluntary Severance Arrangements. Commissioners noted that HOCS would write to the Permanent Secretary, DHSS&PS, outlining the particular concerns of the Commission within the Health sector and would raise the ambiguity that exists between the Commission’s Guiding Principle on Location and the DFP Framework to Underpin Decisions on the Location of Public Sector Jobs resulting from RPA.

Emerging Findings from Local Government Review

Commissioners noted in the letter of 17 December from RPA Central Unit that the Executive has not commissioned work to draw up options for the establishment of a single public sector-wide staff commission and that terms of reference for the review of the continuing need for the Local Government Staff Commission should be available in January.

Agreed:  DOE Officials to be invited to January meeting of PSC to brief Commission on review of Local Government Staff Commission and provide RPA update.

Why Public Service Commission should be retained

The Chairman advised Commissioners that he and the Chief Executive had met with Government officials about this. Officials are obliged to put a paper to the Executive about the future of PSC, but would consult with the Commission before doing so. He also advised Commissioners that HOCS would discuss the future of the Commission with Commissioners once the Executive decisions on RPA have been taken.

Research Proposal

Commissioners were advised that the tender documentation issued on 18 December.

Agreed: Chief Executive to copy tender documentation to Commissioners.

Commissioners noted the positions of Government officials and NICICTU as articulated in their letters of 17 and 18 December respectively.

Agreed: Chief Executive to write to both parties indicating that Commissioners are minded to finalise this Guiding Principle on the basis of the wording in the draft version dated 30 October 2007 at the January meeting.

The Chairman advised Commissioners that NICICTU representatives hoped to meet with him and the Chief Executive before the January meeting of the Commission.

Agreed: Shared Services to be on agenda for January meeting of the Commission.

Commissioners were advised that this document is the Executive’s response to the Commission’s Guiding principle on Location. The Chairman explained that it aligns well with the Guiding Principle. The Chief Executive had, however, raised a number of issues with Government officials. Given that the Executive accepted the Commission’s Guiding Principle on Location the main issues are why “other sectors, including local authorities”, cannot be mandated to comply with the Framework and why it was not stronger on safeguarding the interests of staff. Commissioners agreed with these concerns and did not consider that the RPA Central Unit’s letter of 17 December provided sufficient clarification.

Brian Hanna advised Commissioners that he had accepted an invitation to become a member of the Review Team on the Location of Public Sector Jobs under the Chairmanship of Sir George Bain. He suggested it would be useful for the Chairman of PSC to meet Sir George to explain the Commission’s position.

Agreed: Chairman and 3 Commissioners to meet with DFP officials taking forward Location policy. Chief Executive to find out if Sir George Bain would find it helpful to meet with Chairman, PSC.

Education Sector

Agreed: Chief Executive to invite Permanent Secretary, Department of Education, to February meeting of Commission to provide an update.

Wednesday 23 January at 10.30am.