Minutes of Proceedings 26th April 2006

(All present for part of meeting)

Mr Brian Hanna

1.1Commission meeting opened at 13.10.

2.1Agreed: Amendments to paragraphs 3.2, 4.2 and 5.2.

13.25: Jim McCusker arrives

Noted: Commissioners requested amended copies of minutes.

3.1 The Commission had written again to John Hunter (DFP) regarding Government’s legal advice. A meeting will take place on 27^th April  when the issue will be pursued further.

3.2 A consultation took place with Jones and Cassidy, arranged by LGSC, at which the relevance of the McCausland case, in the context of RPA, was sought. A further consultation is scheduled for 2^nd May.

3.3 It was confirmed that the Commission’s view on filling the post has been conveyed, formally, to government. The advert has appeared in the press on 18^th April.

3.4 Chief Executive reported that government had been advised that if its intention was to fill the post of Chief Executive Designate of the Education & Skills Authority by way of an open competition, the Public Service Commission would expect to see a comprehensive submission seeking a view, before any executive decisions were taken.

3.5 Noted: Will Haire DE, is due to attend the Commission’s meeting on 24^th May.

3.6 The Secretariat sought clarification on what data the Commission required and a draft letter to John Hunter was tabled. The Commission concluded that it would need legal advice, before it could reach a decision on data requirements.

There was discussion on how suitable candidate pools might be arrived at whilst safeguarding the interests of staff.

Commissioners expressed a desire to develop guiding principles, without getting involved in individual cases. It was recognized, however, that the 5 Health Trust posts are likely to be raised before any principles were set.

3.7 Agreed: The Commission will defer any request for data until they receive legal advice.

3.8 Agreed: The Commission determined to seek to disaggregate staff into categories in terms of setting guiding principles.

3.9 Agreed: The Commission agreed to assume TUPE will apply.

4.1 The Chairman advised that he had been speaking at the Local Government Staff Commission conference on 25^th April 2006, and indicated he had been invited to speak at a NIPSA conference next month.

5.2 After introductions, Mrs Bunting outlined her role, leading on the equality aspects of RPA for the Steering Group, and indicated the importance of departments factoring equality into the implementation process from the outset.  A number of cross cutting issues were identified, including employment and HR, access to employment services, public sector workforce location, participation in governance of the new bodies, and checks and balances.  On employment, Mrs Bunting made reference to the need for data analysis and legal advice and suggested that under Section 75 obligations, every policy decision should be screened and if necessary subjected to an equality impact assessment (EQIA).  Mrs Bunting advised she will be engaging with the Community Relations Council, Equality Commission for NI and other stakeholders to determine how best to mainstream equality issues.  She indicated that there were a number of difficult issues to be addressed and that at this early stage, there were no easy answers but that she planned to engage with Departments to ensure that equality issues were considered.

5.3 The Chairman stated that the Commission had not yet had the opportunity to give consideration of any depth to the equality issues, however the Commission was committed to promoting equality.  

5.4 A discussion ensued on a range of topics including: EQIAs; adverse impact; open recruitment versus internal trawls; equality issues at different levels within and across organisations; compensation; legislation/case law and previous reorganisations.

5.5 Mrs Bunting and Ms Leeson left at 14.45.

5.6 The Commission reflected further on how, under Section 75, every policy decision should be screened and if necessary subjected to an Equality Impact Assessment (EQIA); they discussed how decisions on opting for an internal trawl situation as opposed to open competition could be seen as a policy decision and hence entail an EQIA. It was pointed out that some policy decisions, even when an EQIA has indicated that there is an adverse impact, it might be possible to proceed, provided that the impact is minimised.

Further debate ensued about the impact on advertising all posts.

The Chairman summarised by saying that there was a strong current of opinion within the Commission for a preference to give existing internal staff the opportunity to apply for posts in the first instance.

6.1 The Chairman invited comments on the Discussion document.

6.2 A discussion followed in relation to the “freezing of posts”. Some Commissioners were of the view that because the process had already begun in the Health sector, it should apply to all sectors. It was felt that the process seemed to be of benefit provided that it could be organised and carried out in a coordinated manner. Clarity was sought on how far down the health sector the “freeze” would extend.

The Secretariat was invited to draft a recommendation to Government proposing that urgent consideration be given to imposing a freeze on permanent posts, adding that the recommendation could only be set aside in particular specified  circumstances.

Commissioners were agreed that the paper should be prepared in advance of the meeting with the Secretary of State, where a view could be put to Government on for example one of the topics that recurs regularly - harmonisation. It was felt that such a paper would provide an opportunity for Government and the Commission to engage and to discuss what each determined harmonisation to mean.

6.3 It was also suggested that the paper might be presented to government in draft form in order to determine the principles.

6.4 Commissioners asked and it was agreed that the examples of possible exceptions referred to in the paper should be extended to include staff working in HR, IT, Procurement and Training and Development.

6.5 Commissioners commented on the importance of Communications and agreed that a further separate recommendation be drafted on the need for an effective Communications Strategy, and which recommended that staff had a named point of contact to answer queries.

6.6 Agreed; Draft recommendations on managing vacancies and an effective communications strategy to be considered at the next meting.

7.1 Commissioners were invited to comment. Commissioners agreed to go with, for an initial period of 6 months, the suggested quorum of 5, comprising the Chairman plus 4 Commissioners. It was further agreed that this proposal be revisited and a further decision taken at that stage.

7.2 It was also agreed that paragraph 13 be amended.

7.3 Agreed: Commissioners undertook to forward on the comments by e-mail.

8.1 It was confirmed that the Secretariat, will be the single point of contact for Commissioners in relation to their Fees and Expenses.

8.2 Agreed: Commissioners to submit claims for Fees and Expenses on a quarterly basis, with their first claims due for submission at the end of June.

Claim forms will be distributed at the 5^th June meeting for completion and collection at the 21^st June meeting.

9.1 The Chairman advised the meeting that on information available,  this was Judith’s last meeting as her term of office with the Civil Service Commission was due to expire at the month end and her appointment as a Commissioner coincided with the term.

9.2 The Chairman expressed his regret at losing Judith, and went on to say that he considered her to have been a substantial asset to the Commission. He thanked Judith for her commitment to the Commission.

10.1 The date of the next meeting was confirmed as Tuesday the 9^th May at 10.30am, with the Permanent Secretary of the Department of Environment and the Local Government Staff Commission due to be present.

Chairman's Signature:

Date Of Chairman's Signature 09th May 2006