Minutes of Meeting 20th March 2007
Tuesday 20th March 2007
Boardroom 10 Cromac Place
The Gasworks
Present:
- Mr Sid McDowell (Chairman)
- Professor Bernard Cullen
- Mr Brian Hanna
- Mr Jim McCusker
- Mrs Brenda McLaughlin (present until 13.35)
- Mr Desmond Mitchell
- Dr Collim Patton
In Attendance:
- Mr Brian Martin
- Mrs Iris Lovell
- Miss Susan Dornan
The Commission meeting opened at 10.35am.
1. Apologies and Arrangements
The Chairman advised that one of the Commissioners had to leave the meeting early.
2. Minutes of the meeting of 21st February 2007
The minutes of the 21st February meeting were agreed.
3. Matters Arising
3.1
Implementation of the 2nd and 4th Guiding Principles (Managing Vacancies Effectively and Filling New or Substantially New Posts in New Organisations being Created as a Result of the Review of Public Administration)Research and Monitoring. The Chairman summarised the response from Government, which suggested an unwillingness to conduct research at this stage although a final decision had yet to be taken. Commissioners discussed a number of issues including communication and the implementation of the Commission’s Guiding Principles and agreed to commission independent research if Government declined to become involved.
Agreed: Secretariat to give further consideration to the research proposal and return to the Commission with a more developed plan. Chief Executive to advise Government of the Commission’s intention.
Filling Third Level Posts in Health
The Chairman advised Commissioners that the Secretariat had received a number of enquiries via the website on the filling of third level Assistant Director posts in the new Trusts. These posts are open to permanent employees within the amalgamating trusts who meet the job criteria. After discussion, Commissioners decided that clarification should be sought from Government on the rationale behind the decision to advertise in this way and suggesting that the eligible field should be “at risk” staff across the HPSS.
A number of other issues were discussed including surpluses; “at risk” staff; differences across and within sectors; the need for a continuous dialogue with Government and, in light of experience, the need for the Commission to revisit the Guiding Principles to ensure that they remained relevant.
Agreed: Chief Executive to write to Government seeking clarification on the rationale behind the decision to advertise to staff who work in the Trusts, suggesting a wider applicant field, and inviting Government and Mr David Bingham (DHSSPS) to the next Commission meeting.
Agreed: Secretariat to draw up a list of areas of concern in the existing Guiding Principles so that they can be further refined.
Parallel Approach to trawling posts in Health/RPA Affected Group
Commissioners briefly discussed Health’s letter on Vacancy Controls in the HPSS and Government’s draft circular on Advertising Vacancies to Staff in the RPA Affected Group. The Chief Executive advised that he had sought clarification on the process outlined. Commissioners agreed to postpone the discussion until this clarification had been received.
Commissioners discussed the fixed term posts in the Health Promotion Agency which had been openly advertised.
Agreed: Chief Executive to write to Government requesting that the Health Promotion Agency competition be rerun, open in the first instance to the RPA Affected Group.
Agreed: Chief Executive to write to Government expressing concern on the reliance on email and the internet to notify job vacancies to staff and, concern about using the Staff Commissions to circulate vacancies, as they are not effective conduits for this purpose.
3.2 5th Guiding Principle - Voluntary Severance Arrangement
Formal response still awaited from Government.
Agreed: Chief Executive to pursue a response from Government.
3.3 Enterprise Ulster
Commissioners expressed their comprehensive disappointment at the failure of Government, in line with the Commission’s Guiding Principles, to meet the Secretary of State’s commitment to avoid redundancies and at Government’s response to the issues of compensation and retained membership of the RPA Affected Group.
Agreed: Chairman to write to Government expressing Commissioner’s views.
3.4 RPA Affected Group
The Chairman asked Commissioners to consider the observations annotated by Government on the definition of the RPA Affected Group document, adding that a definitive discussion will take place when a substantive response is received from Government.
3.5 Cross Sector HR Forum
Commissioners discussed and noted Government’s response on membership of the Forum. The Chairmen of the two Staff Commissions indicated that they were unaware of the representatives referred to in the letter.
Agreed: Copies of the Government letter to be copied to the Chief Executives of the Staff Commissions. Chief Executive to write to Government expressing the Commission’s dissatisfaction with the outcome.
3.6 4th Sector Events
Commissioners discussed the response from Government and concluded that the Commission should consider hosting an event for all sectors. Commissioners considered that the Staff Commissions should be approached for their assistance and that communication was the main focus of the event.
Agreed: Chief Executive to contact the Chief Executives of the Staff Commissions to discuss a communication event(s).
3.7 4th Guiding Principle
- Filling New or Substantially New Posts in New Organisations being Created as a Result of the Review of Public Administration: Powers of DirectionFormal response still awaited from Government.
4. Chairman’s Business
4.1 Rural Development Council
The Chairman advised Commissioners that he and the Chief Executive had met RDC/DARD on 8th March. He had taken the line that if the RDC remains in the RPA Affected Group, Guiding Principles apply. If both parties wanted to come to another arrangement then it is not for Commission to interfere.
4.2 3rd Guiding Principle
- Staff Transfers: Code of PracticeThe Chairman advised that Government’s consultation on the Code of Practice ended on Monday 12th March and this will inform its formal response to the addendum to the 3rd Guiding Principle – Selection of Staff for Transfer. The Chairman reported that he and the Chief Executive had met with Government on 8th March and conveyed a list of Commissioner’s comments on the draft Code. They had also advised Government that Commissioners expect a substantive discussion on the Code before it is published.
4.3 6th Guiding principle
– Employer Statutory Obligations: Code of PracticeThe Chairman reported that Government had strengthened the language used in the draft Code in light of the comments received from the consultation. Commissioners read the revised draft and suggested a number of additional amendments. If these were incorporated, Commissioners would be content for the Code to issue.
Agreed: Chief Executive to convey Commissioner’s comments to Government on the revised draft Code.
4.4 Future Guiding Principles
The Chairman advised Commissioners that the Chief Executive had informal meetings with the LRA and NIPSA at which potential future Guiding Principles had been discussed. Both organisations agreed to provide comments.
Agreed: Secretariat to draft Guiding Principles.
5. Draft recommendation – Guiding Principle and Associated Recommendations on Equality
Commissioners discussed the draft Guiding Principle, agreed a number of minor amendments, which when incorporated, should be circulated to Government, the sectoral Commissions, NIC/ICTU and the Equality Commission for comment.
Agreed: Secretariat to amend and circulate as specified.
6. Selection of Staff for Transfer
The Chairman advised Commissioners that Government has indicated that it is consulting on the Code of Practice on the 3rd Guiding Principle and will incorporate their response on the Addendum to the 3rd Guiding Principle in that correspondence.
7. Draft recommendation - Guiding Principle and Associated Recommendations on Capacity Building
Commissioners discussed the draft Guiding Principle and agreed that it should be forwarded to Government, the sectoral Commissions and NIC/ICTU for comment.
Agreed: Secretariat to forward for comment as indicated.
8. Draft recommendation - Guiding principle and Associated Recommendations on Location
The Chairman informed Commissioners that Government had not yet responded on the two outstanding issues.
Agreed: Chief Executive to expedite a response.
9. Managing Vacancies in Local Government, recent correspondence
The Chairman informed Commissioners that a query had been received in relation to how vacancies were being advertised by Local Councils. He advised that the local Government policy on Managing Vacancies had been consulted on and was due to be discussed by the Local Government Staff Commission on 26th March.
It was suggested that the Local Government Staff Commission be invited to a future meeting of the Public Service Commission to present the Managing Vacancies policy and discuss its implementation.
Agreed: Secretariat to invite the Local Government Staff Commission to a future Commission meeting.
10. DHSS&PS Staff Transfer Scheme and HPSS HR Framework Document
The Chairman thanked Commissioners for the comments they had made on the draft Transfer Scheme. He advised that both the Transfer Scheme and the HPSS HR Framework have been promulgated. The Staff Transfer Scheme was discussed briefly and two points emerged about the Independent Dispute Resolution process:
- If the process is to bring resolution, as per the 3rd Guiding Principle on Staff Transfers, then the outcome must be binding on all parties, and
- It is unclear which matters are covered by the process.
Commissioners agreed that these two points should be made to Government and that Government officials will be requested to have a substantive discussion with Commission officials before the Code of Practice on the 3rd Guiding Principle is issued in final form.
Agreed: Chief Executive to write to Government conveying the Commission’s position.
11. Any Other Business
11.1 Future Meetings
Commissioners suggested that Mr David Sissling, Chief Executive Designate of the HSSA and Mr Gavin Boyd, Chief Executive Designate of the ESA be invited to a future meeting for an informal discussion.
Agreed: Secretariat to make the necessary arrangements in due course.
11.2 Conferences
Commissioners confirmed their availability to attend forthcoming conferences in March and April.
12. Date of Next meeting
Wednesday 18th April 2007, 1030 – 1600hrs
Chairman's signature dated 20th March 2007