Recommendation in relation to the Recruitment of Directors of Finance and Directors of Human Resources in the HSS Trusts

John McMillen

Head of RPA Central Unit

OFMDFM

E5.25 Castle Buildings

Stormont Estate

Upper Newtownards Road

BELFAST

BT4 3SW

31st August 2006

Dear John

Andrew McCormick’s letter of 23 August on the above subject was considered by the Public Service Commission at its meeting yesterday. The attachment to this letter conveys, in the form of a recommendation, the Commission’s response to the most recent proposal to fill these posts.

In submitting this recommendation, Commissioners have asked me to indicate that they consider it unfortunate that it has taken so long to reach a conclusion on this issue. They also asked me to put on record the fact that, despite informal indications that the DHSS&PS recognised the direction the Commission was taking in terms of the RPA affected group, as its preferred option, a proposal to fill these posts from within the ‘health sector’ was put to the Commission, originally, in mid – July. The Commission makes no apology for deferring its decision at that time and is satisfied that the resulting exchanges, including the ‘round table’ discussions at the Commission’s meeting on 16 August, allowed all the relevant issues to be ‘aired’, in an open, transparent and constructive way. It is, though, also worth placing on record that had a different approach been adopted by DHSSPS in mid-July the Commission would, most likely, have been in a position to have made a recommendation in relation to the Director posts at that time.

The Commission’s recommendation is predicated on the requirement to have the RPA affected group clearly defined, and for an analysis of the relevant data to be undertaken to establish that such a pool is more likely, than not, to mirror the Northern Ireland workforce. It would then be a matter for Government (or the Department of Health, Social Services and Public Safety) to make a determination of any adverse impact in order to ensure that its actions are a proportionate means of ensuring a legitimate aim, i.e. one which might secure the avoidance of redundancies of existing staff.

In examining the draft Information Packs provided under cover of Andrew McCormick’s letter of 23 August 2006, Commissioners were gravely concerned to note that, to facilitate ‘short-listing’, DHSS&PS might introduce a desirable criterion which required experience of leadership in health or social care. Given the nature of the posts involved, Commissioners asked me to indicate that they considered such a proposal to be wholly at odds with the thrust of the recommendation, attached. In the circumstances, Commissioners wish to be re-assured, by Government, that there will be no attempt to arrive at a short-list which comes from an ‘exclusive’ area within the RPA affected group.

I have copied this letter and enclosure to Andrew McCormick, NIC/ICTU and the sectoral Staff Commissions.

Yours sincerely

STEPHEN J GRAHAM

Chief Executive

The Commission’s role is to safeguard the interests of staff and to ensure their smooth transfer to new organisations established as a consequence of Government decisions on the Review of Public Administration, taking into account statutory obligations, including those arising from Section 75 of the Northern Ireland Act 1998.

In pursuance of that role, the Commission is obliged to have due regard to the Secretary of State’s aim, as set out in his statement of 22 November 2005, that “Every possible effort will be made to avoid redundancies.”

In July 2006, Government sought views from the Public Service Commission in relation to a proposal, which was subject to subsequent revision, and which dealt with plans to recruit a number of Directors who would be appointed to the 5 HSS Trusts. The Public Service Commission had already indicated that it preferred to submit to Government, a set of guiding principles and associated recommendations which would deal with filling posts in new organisations. Whilst the Public Service Commission remains determined to submit to Government, a set of guiding principles and associated recommendations which would deal with filling posts in new organisations, it offers the recommendation, below, on a ‘without prejudice’ basis.

The Public Service Commission recommends that Government should proceed to conduct competition(s) in order to fill up to 5 Director of Finance posts and up to 5 Director of Human Resources posts by inviting applications, in the first instance, from people from within the RPA affected group, subject to an analysis of the relevant data to establish that such an approach represents a proportionate means of meeting the Secretary of State’s aim to make every possible effort to avoid redundancies in a way which is compliant with statutory obligations, including Section 75 of the Northern Ireland Act 1998.

The Commission acknowledges that, should it not prove possible to fill a particular post by the means outlined above, Government may wish to proceed with a fully open competition. In such circumstances the Commission would offer no objection to that course of action, so long as Government was able to demonstrate why it proved necessary, ultimately, to do so.

Sid McDowell

Chairman

31 August 2006