Minutes 17th January 2007
Public Service Commission
Minutes of Proceedings
Wednesday 17th January 2007
Boardroom Floor 7 Goodwood House
BT1 4NN
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
- Mrs Iris Lovell
- Ms. Barbara Bryan (morning session only)
Government Officials
- Mr John McMillen, RPA Central Unit ( for items 3 & 4)
- Mr Paul Sweeney, DCAL (for item 3)
- Ms Julie Mapstone DCAL
- Mr John Hunter, DFP (for item 4)
- Mr Derek Baker, DFP
- Mr Michael Daly, DFP
The Commission meeting opened at 10.35am and the Chairman introduced Barbara Bryan and welcomed her to her new post in the Secretariat.
1. Apologies
There were no apologies. Jim McCusker indicated that he had to leave the meeting at 3pm and Bernard Cullen indicated that he would leave the meeting for a lunchtime appointment and would return in the afternoon.
2. Minutes of meeting 12th December
The minutes of the 12th December meeting were agreed.
3. Submission from DCAL, Chief Executive Designate, Library Authority
The Chairman welcomed Government officials to the meeting. He invited Paul Sweeney to speak to his paper on the decision to advertise the Library Authority post through open competition.
Paul Sweeney explained that the decision was based on business need and equality considerations.
He advised that the decision had been a fine judgment call, supported by the strength of the legal advice around the equality considerations and that the decision had been endorsed by Ministers.
In discussion, Commissioners referred to the 4th Guiding Principle and to the Associated Recommendation detailing the exceptional circumstances which might justify not seeking applications in the first instance from staff employed in the RPA Affected Group. Reservations were expressed on whether the case provided sufficient justification.
Without having seen a job description for the post, it was suggested that many staff in the RPA Affected Group would have the skills, attributes and experience required for this post. Concerns were also expressed about the methodology behind the equality statistics and it was suggested that DCAL might wish to reconsider this.
Agreed:1) DCAL to forward job description and analysis from NISRA.
2) DCAL would not proceed with the advert at this stage.
3) DCAL would reflect on its position and engage further with the Commission.
4. Government Delegation to discuss
Fifth Guiding Principle and Associated Recommendations –
- Voluntary Severance Arrangements
- Monitoring and Implementation of Guiding Principles
4a) Fifth Guiding Principle
The Chairman welcomed the Government Officials and asked them to present the rationale behind their decision not to accept the recommendation in the Guiding Principle on:
- A guarantee of no compulsory redundancy and,
- The adoption of a single voluntary severance scheme.
A full discussion followed and it was agreed that, when both parties have reflected further, Government Officials will meet with the Chairman and Chief Executive. Each party agreed to adopt a creative and innovative approach in trying to reach an accommodation which would enable the Guiding Principle to be submitted to Government.
Agreed: Meeting with Government Officials, the Chairman and the Chief Executive to be arranged.
4b) Monitoring and Implementation of Guiding Principles
The Chairman informed the delegation that there is concern amongst Commissioners that although the Guiding Principles are being accepted by Government they are neither being implemented fully on the ground nor is their application being monitored comprehensively by Government. Officials indicated that following the Gateway Review, revised governance arrangements would be put in place. As part of this, it was agreed that OFMDFM would be seeking higher levels of assurance from Departments.
Agreed: Government officials to discuss the format of assurance reports for the Commission.
After Government Officials left the meeting Commissioners considered and agreed that research was required to establish the effectiveness of the Guiding Principles.
Agreed: Chief Executive to write to Government suggesting that it should undertake research in conjunction with the Commission.
5. Matters Arising
5.1 Draft Enterprise Ulster [Dissolution] Order 2007
The Chairman informed Commissioners that a response to his letter of 5th December 2006, which had been circulated to Commissioners, was awaited.
5.2 RPA Affected Group
Commissioners discussed the legal advice received from the Commission’s legal advisor and agreed to forward the document to Government for comment.
Agreed: Secretariat to forward the document to Government for comment.
5.3 Cross Sector HR Forum
The Chairman reported that a response from Government was awaited.
5.4 Vacancy Management Strategies
Commissioners noted that the Chief Executive reminded Government of the need for value added analysis to be sent to the Commission. The issue was dealt with during discussions with Government on Monitoring and Implementation of Guiding Principles and action agreed.
5.5. HPSS HR Framework Document
The Chairman reported that Government had been reminded that a response was awaited.
5.6 4th Sector Event
The Chairman advised that the planned Government event on the 4th Sector would take place in February and he had been asked to speak at it. Commissioners indicated that they would be keen to attend the event.
Agreed: Chief Executive to write to Government requesting invitations.
Commissioners considered a document received from the RPA Central Unit, which listed bodies included in the 4th Sector. Commissioners queried why some organisations were listed and it was agreed that the Chief Executive would write to Government.
Agreed: Chief Executive to write to Government seeking clarification.
5.7 3rd Guiding Principle Staff Transfers
The Chairman informed Commissioners that the Chief Executive had written to Government clarifying the Commission’s position on pensions and third party dispute arrangements.
5.8 Future Guiding Principles
The Chairman informed Commissioners that the Secretariat had explored the possibility of developing a Guiding Principle on capacity building/ training and development and discovered that the RPA Central Unit are in the process of developing a Capacity Building Action Plan. He explained that as a result of this ongoing work, a Commissioners’ workshop had been put on hold and Government had been invited to the next meeting on 21st February to appraise the Commission of their work on this issue.
It was suggested that Equality may be a potential future Guiding Principle.
Agreed: Secretariat to consider Equality as potential future Guiding Principle.
6. Chairman’s Business
6.1 Fourth Guiding Principle and Associated Recommendations:
Filling New or Substantially New Posts in New Organisations Being Created as a Result of the Review of Public Administration – Powers of Direction
The Chairman informed Commissioners that the Chief Executive had written to Government clarifying the Commission’s position on Powers of Direction and had reminded Government that a response is awaited.
6.2 Draft Sixth Guiding Principle and Associated Recommendations:
Employer Statutory Obligations
The Chairman informed Commissioners that Government had accepted the Guiding Principle on 16th January 2007.
6.3 RPA Steering Group
The Chairman reported that the RPA Steering Group meeting scheduled to take place on 5th January 07 had been cancelled.
7. Draft Recommendation - Seventh Guiding Principle and Associated Recommendations Location
Commissioners discussed the responses received to the seventh Guiding Principle and agreed a number of amendments.
Agreed: Chief Executive to recast the Guiding Principle, forward the revised document to Government and arrange a meeting with Government to take the matter forward.
8. Selection of Staff for Transfer
The Chairman informed Commissioners that comments had been received from NIC/ICTU and the Local Government Staff Commission. He added that a discussion on this Addendum to the 3rd Guiding Principle would be tabled as an agenda item at the February meeting, when the comments from Government and the Staff Commission for Education and Library Boards were received.
He advised that the Chief Executive had been invited to a meeting with Government on this subject on 19th January 2007.
9. Draft Libraries (NI) Order 2007
Commissioners confirmed that they were content with the interim response, which had been sent to Government.
Agreed: Chief Executive to confirm to Government in writing.
10a DHSS&PS Revised Transfer Orders HSS Trusts
Commissioners noted the revised Transfer Orders, which now take account of the 3rd Guiding Principle.
10b Health and Social Services (Reform) (NI) Order 2007
A copy of the draft Health and Social Service Reform Order was handed out to Commissioners along with the Chairman’s response. Commissioners shared his concern that DHSS&PS would go out to consultation using wording, which will have to change on foot of the 3rd Guiding Principle being accepted by Government.
11. Any Other Business
The Chairman informed Commissioners that the next meeting would take place in the new offices at 10, Cromac Place, Cromac Wood.
12. Date of Next meeting
Wednesday 21st February 2007, 1030 – 1600hrs
Chairman's signature
Date of Chairman's signature: 21st February 2007