Minutes of Proceedings 20th September 2006

Wednesday 20th September 2006

Boardroom Floor 7 Goodwood. House

BT1 4NN

Present

Mr Sid McDowell (Chairman)
Professor Bernard Cullen
Mr Brian Hanna
Mr Desmond Mitchell
Dr Collim Patton
Mr Jim McCusker
Mrs Brenda McLaughlin

In Attendance

Mr Brian Martin
Ms Susan Dornan
Mrs Iris Lovell
Ms Beverley Jones

The Commission meeting opened at 10.45pm.

1. Apologies

There were no apologies.

The Chairman welcomed the new Chief Executive, Brian Martin to the Public Service Commission.

The Chairman advised that there had been a change to the agenda order, explaining that representatives from the Staff Commission for Education and Library Boards would present immediately after lunch instead of before lunch.

He suggested that the morning session would be dedicated to discussion around the 3^rd and 4^th Guiding Principles and indicated that the legal advisor was present to deal with queries arising from the discussion. Members were content with this approach.

2. Minutes of meeting 30^th August

Commissioners agreed the minutes of the 30^th August 2006 meeting.

3. Matters Arising

Item 3.1 Managing Vacancies

Commissioners had requested clarification on DRD’s proceeding to fill the post of Director of Network Services by open competition.

A response from Wendy Johnston, Director of Personnel in DRD, was discussed and Commissioners were content that the post appeared not to be within the RPA affected group.

Item 3.2 Public Service Commission (PSC) Branding

A Commissioner informed the meeting that a number of representations had been made from different sectors in relation to the nature of the promulgation of PSC recommendations and on the obvious lack of branding.

The Chairman responded, advising that Government had already been made aware of this issue, adding that NIC/ICTU were particularly strong in their criticism of Government’s dissemination of PSC recommendations. He agreed to bring the matter to Government’s attention.

Agreed: Chief Executive to include in correspondence to Government.

Item 3.2 Definition of the RPA Affected Group

Commissioners noted that significant progress had been made in relation to the definition of the RPA Affected Group. Commissioners agreed that, as time passes, the definition will require further refinement.

Commissioners also noted Government’s intention to publish the definition in advance of the advert being placed, week commencing 25^th September, for the Finance and HR Directors in the 5 New Trusts.

Agreed: Chief Executive to include in correspondence to Government.

Item 3.3 Clarification

The Chief Executive had requested clarification on wording used in Government’s response to the 3^rd Guiding Principle. Government indicated that the wording was used with the intention of eradicating doubt about the application of the TUPE regulations to RPA transfers to new organizations.

Commissioners welcomed and accepted the clarification.

4. Chairman’s Business

Item 4.1 RPA Steering Group

The Chairman informed Commissioners that he had attended the RPA Steering Group meeting on 1^st September.

Item 4.2 Local Government Staff Commission (LGSC) seminar

The Chairman informed Commissioners that the Chief Executive had presented at the LGSC seminar in Craigavon Civic Centre on 5^th September.

Item 4.3 Tripartite Meeting

The Chairman informed Commissioners that he and the Chief Executive had attended a Tripartite meeting in Royston House on 6^th September.

Item 4.4 Meeting with Government

The Chairman informed Commissioners that he and the Chief Executive had attended a meeting with John Hunter, John McMillen and Michael Daly in Royston House on 8^th September.

Item 4.5 ALARM Seminar

The Chairman informed Commissioners that he had presented at the ALARM seminar at the Fitzwilliam Hotel on 12^th Seminar.

Item 4.6 Meeting with representatives from Department of Employment and Learning (DEL)

The Chairman informed Commissioners that he and the Chief Executive, at DEL’s request, had met with representatives from the Department, on 19^th September to discuss Enterprise Ulster.

5. Presentation from the Staff Commission for Education and Library Boards

The Chairman welcomed Patricia Weir, Phillip Robinson and Deidre Vaugh to the meeting, thanked them for moving at short notice to the afternoon slot and invited Patricia Weir to present.

Patricia Weir explained the role of the Staff Commission for Education and Library Boards:

To exercise general oversight to the terms and conditions of staff working in the 5 Education and Library Boards;
To establish negotiating machinery for the 5 Boards
To co-ordinate Section 75 legislation on behalf of the 5 Boards

Patricia went on to advise that the remit had been extended to include RPA. She advised that the Department of Education (DE) had set up 11 work streams to oversee the implementation of RPA and a Project Board comprising representatives from each work area and from NIC/ICTU.

Phillip Robinson elaborated on DE’s work programme and referred to location as a significant factor in the re-structuring process.

Deidre Vaugh focused on the equality implications associated with the RPA process, informing the group that she had been working closely with the Equality Commission.

Some discussion followed between Commissioners and the representatives around:

Vacancy control policies
Consistency
Appointments
Organizational structures and location
Co-ordination between sectors
RPA affected group
Compensation schemes

Patricia Weir suggested an informal meeting with the Staff Commission for Education and Library Boards, the Local Government Staff Commission and the Public Service Commission. The Chief Executive of the PSC agreed to make the necessary arrangements.

Agreed: Chief Executive to arrange an informal meeting.

The Chairman thanked the representatives for their attendance, adding that he looked forward to a continuing co-operative relationship with the Staff Commission for Education and Library Boards.

6. & 7. 3^rd and 4^th Guiding Principles

The Chairman informed Commissioners that the 22 responses received in relation to the 3^rd and 4^th Guiding Principles had been incorporated into an analysis compiled by the Secretariat.

6.1. Government’s comments on 4^th Guiding Principle.

The Chairman informed Commissioners that, as the comments received from Government on the 4^th Guiding Principle, were highly significant, it was his preference to discuss the comments with Commissioners.

Commissioners expressed concern with some of Government’s response and after considerable debate, agreed to request a meeting with Minister Hanson.

The proposed meeting was confirmed for Monday 2^nd October, 5.45pm in Stormont Castle, with all Commissioners available.

7.1. 3^rd Guiding Principle

Commissioners discussed the comments received in relation to the 3^rd Guiding Principle and following much debate, agreed that it should be recast by the Chief Executive, forwarded to the legal advisor and re-circulated to Commissioners for comment.

Agreed: Chief Executive to recast the Guiding Principle, forward to the legal advisor for comment and re-circulate to Commissioners for comment.

The Chairman proposed, in the light of discussions and with the benefit of legal advice, it may be prudent for the Commission if the next Guiding Principle focused on the area of Early Retirement/Redundancy Arrangements.

Commissioners agreed that, in advance of the next meeting, some preparatory work on the Guiding Principle should commence in the Secretariat.

Agreed: Secretariat to commence work on the 5^th Guiding Principle.

8. Location

Commissioners agreed to take the issue of Location as a substantive agenda item at the next meeting.

9. Any Other Business

Commissioners agreed two further dates for Commission meetings:

Wednesday 13th December 2006, 1030hrs -1600hrs
Wednesday 17th January 2007, 1030hrs -1600hrs.

10. Date of the next meeting

Wednesday 11^th October, 1030hrs - 1600hrs.

Chairman's Signature: Sid McDowell

Date of Chairman's Signature: 11th October 2006