MNH Trustees information pack - Isle of Man Government

Council of Ministers - Public Appointments
Appointment of Trustees:
Manx National Heritage
(Manx Museum and National Trust)
Information Pack
January 2012

1. Recruitment Process
Introduction
The application process for public appointments is fair, open and transparent with appointments
being made on merit, passed on a person’s skills and experience. Members of the public are
invited to review the details containing within this information pack relating to the appointment of
Trustees of the Manx National Heritage (Manx Museum and National Trust).
Interest applications are invited to submit a complete application form, which can be accompanied
by a CV. The closing date for applications is 5.00pm on Monday 20 February 2012.
Applications can be submitted either via email to publicappointments@cso.gov.im or by post to the
Chief Secretary’s Office, Government Office, Bucks Road, Douglas, Isle of Man, IM1 3PN.
Timescale
All applications received with be assessed against the require criteria by the interview panel. Shortlisted
applicants will be invited for an interview with the panel. It is anticipated that following the
short-listing process, interviews will be held by mid-March 2012. The appointment of the Trustees
will require the approval of both the Council of Ministers and Tynwald.
Applicants will be kept fully informed of the status of their application throughout the process by
the Chief Secretary’s Office.
Future Public Appointments
Any person who wishes to be kept informed about forthcoming Council of Ministers public
appointments can register their details at www.gov.im/cso/publicappointments or by via the Chief
Secretary’s Office (contact details above). Persons registered will receive notification appointments
as soon as they are advertised.
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2. Background Information
Introduction
Manx National Heritage (MNH) exists independently by Statute on behalf of the Manx community
to preserve, protect and communicate the unique qualities of the Manx natural and cultural
heritage. It operates under the authority of the Manx Museum and National Trust Act 1959 (as
amended).
MNH is the Statutory Body of the Isle of Man Government responsible for the Island’s heritage.
The Isle of Man Government provides strong support, including the funding required for the core
activities of the organisation, together with specific funding for capital developments.
Although MNH is not a Department of Government, it is subject to the same regulations and
control of staffing, resources and financial regulations as Government Departments and the
Government Code also applies as it does to Statutory Boards. MNH works closely with Government
agencies and the Director of MNH reports directly to the Chief Secretary.
Manx National Heritage also has the Statutory title of “The Manx Museum and National Trust”
(MMNT), this body is also a registered charity in the Isle of Man (no. 603) reflecting its charitable
role within the community. It administers a private charitable fund comprising donations and
legacies from the public which is separate from Government’s annual financial support. The
National Museum Collections are also legally designated as charitable.
Trust Membership
The Manx Museum and National Trust (Amendment) Act 2011 introduced changes to the structure
and appointment of the Trustees.
The new MMNT is comprised of a Chairperson plus at least 8 but no more than 14 other Trustees.
The Minister for Community, Culture and Leisure appoints one Trustee who is a political member
of that Department. The remaining Trustees and the Chairperson are appointed by Council of
Ministers on the advice of an interview panel. Appointments to the MMNT are held for a period up
to 5 years (persons can be reappointed for up to 2 terms). The appointments are subject to the
approval of Tynwald.
The interview panel which selects the Trustees comprises the Minister for Community, Culture and
Leisure, the Departmental Member appointed as a Trustee and two other lay persons appointed by
the Council of Ministers.
Functions of the Trust
MNH is the national heritage organisation for the Isle of Man. It combines the statutory
responsibility for a complete portfolio of heritage assets on behalf of the Government and the
people of the Isle of Man. These responsibilities include:
• operating eleven museum sites open to the public.
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• providing for the protection of monuments throughout the landscape, administering the
National Monuments Record and controlling all archaeological investigations within the
Island.
• preserving, protecting and managing important landscape areas of natural beauty and
ecological significance, including biological records and operating two visitor centres.
• preserving, making available to the public and facilitating research about the national
collection of Manx printed works, archives, photographs and film which, in effect, comprise
the national memory and operating the Library and iMuseum.
• collecting and displaying important examples of art produced in or about the Island
throughout history, including work by contemporary artists.
Activity and Outcomes
Much of what MNH achieves is done in partnership with others whose aims and aspirations are
shared, this can be summarised in the following statements:
• Act as guardian of the Island’s unique heritage and cultural assets.
• Strengthen the Manx identity and community by giving opportunities for enjoyment,
learning and development.
• Contribute to the national economy and infrastructure by making the Isle of Man a better
place in which to live, work and visit.
• Research and communicate the significance of Manx heritage and culture.
• Manage itself effectively, efficiently and accountably.
Chairperson
Interested applicants are invited to mark on their application if they would wish to be considered
to be appointed to the position of Chairperson of the MMNT.
Legislation
The Manx Museum and National Trust Act 1959 (as amended) identifies the core statutory
functions of the Trust.
Further information
www.gov.im/mnh
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3. Role Profile
Key Responsibilities of Members
i) Statutory Functions
Oversee the statutory function of Manx National Heritage as set out in the Manx Museum
and National Trust Act 1959 (as amended).
ii)
iii)
iv)
Strategy
Set the Trust’s strategic direction, determining its strategic aims, objectives and policy
framework objectives.
Resources
Ensure the necessary financial and human resources are in place to enable the Trust to
meet its objectives.
Performance
Monitor progress towards objectives.
v) Corporate Governance and Risk
Ensure the high standards of corporate governance are observed and adopt an effective
approach to risk management that is robust and defensible. A Trustee should be able to
comply with the Isle of Man Government’s Corporate Governance Principles and Code of
Conduct and Part 6 of the Government Code which relates to Members of Statutory Boards
and Other Statutory Bodies as it applies to MNH.
vi)
vii)
Values and standards
Set the Trust’s values and standards ensuring that employees and volunteers know what
standards of conduct are expected of them.
Communication
Ensure that effective communication exists between the Trust and its stakeholders,
particularly the public, Government and Tynwald.
Time Commitment Required
i) Number of meetings held per annum
The full Trust meetings occur at least every two months. There may be informal and formal
sub-committee meetings, in addition, which may occur once per month.
ii)
iii)
iv)
Location of meetings
Meetings are usually held at the Manx Museum, Kingswood Grove, Douglas.
Approximate duration of each meeting
Full Trust meetings can take up to three hours.
Preparation time required prior to meetings
Trustee papers are issued one week in advance of the full Trust meeting.
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v) Additional duties outside Trust meetings
There is an expectation that Trustees attend events undertaken or hosted by the Trust.
Key Competencies and Behaviours
Trustees should:
• Make an effective impartial contribution to the work of the Trust and have the ability to
demonstrate sound judgment. They should command trust and respect and be able to
manage politically sensitive situations, acting with integrity.
• Maintain independence of judgment and avoid conflicts of interest, acting in good faith in
the Trust’s best interests.
• Constructively scrutinise and contribute to the development of strategy and scrutinise the
performance of the organisation in meeting agreed goals and objectives
Remuneration
Trustees are entitled to payment under The Payment of Members’ Expenses Act 1989, and The
Payment of Members’ Expenses (Specified Bodies) Order 2003 as follows:-
Attendance Allowance:
£78.00 per session
Travelling Allowance:
Up to 1299cc
1300cc and above
£0.46 per mile
£0.52 per mile
Conflicts of Interest
A “Guide for Applicants for Membership of the Manx National Heritage” is attached as an Appendix
to this document.
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4. Person Specification
Qualifications
• Academic and/or professional qualifications relevant to the Trust’s key responsibilities
are very desirable. Trustees are appointed to reflect the diversity of the Manx
community and also support the Director and professional staff. They have to have
the respect of the community and be able to work alongside paid staff and volunteers.
Experience
• Significant experience at a senior level in either management or governance of the
public, private or voluntary sectors is essential.
• Experience or interest in areas within the Trust’s responsibilities would be desirable.
These include the history and archaeology of the Island, art and design, language and
customs, farming and land management, biodiversity and ecology, archives and
libraries, retail and catering, building conservation and planning, charitable giving and
fundraising.
Knowledge and skills
• Leadership and motivational skills.
• An understanding of strategic and business planning, resource and risk management.
• The ability to analyse and review complex and sensitive issues, weighing up conflicting
opinions and identify appropriate actions.
• A good understanding of and respect for both the public, private and voluntary sectors
and the factors that influence them.
• Basic IT capability is required in order to receive and respond to electronic
transmissions.
• Financial probity and honesty.
• The ability to understand financial information.
Disposition
• The highest standards of integrity and honesty in full compliance with the seven
principles of public life.
• The ability to develop good working relationships at both Trust and staff level,
together with the ability to maintain the respect of stakeholders of the Trust.
Circumstances
• The ability to commit to the role profile as outlined.
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5. APPENDIX
“Conflicts of Interest –
A Guide for Applicants for Membership of Manx National Heritage”
The Seven Principles Underpinning Public Life
The Government Code requires members of Manx National Heritage at all times to exercise the
highest standards of behaviour in line with the seven principles of public life. The principles of
public life are as follows:
Selflessness
Holders of public office should take decisions solely in terms of the public interest. They should
not do so in order to gain financially or other material benefits for themselves, their family, or
other friends.
Integrity
Holders of public office should not place themselves under any financial or other obligation to
outside individuals or organisations that might influence them in the performance of their official
duties.
Objectivity
In carrying out public business, including making public appointments, awarding contracts, or
recommending individuals for rewards and benefits, holders of public office should make choices
on merit.
Accountability
Holders of public office are accountable for their decisions and actions to the public and must
submit themselves to whatever scrutiny is appropriate to their office.
Openness
Holders of public office should be as open as possible about all the decisions and actions that they
take. They should give reasons for their decisions and restrict information only when the wider
public interest clearly demands.
Honesty
Holders of public office have a duty to declare any private interests relating to their public duties
and to take steps to resolve any conflicts arising in a way that protects the public interest.
Leadership
Holders of public office should promote and support these principles by leadership and example.
All candidates who put themselves forward for public appointment must be able to demonstrate
their commitment to the principles and values of public service.
It is important that the candidate’s commitment to the probity principle is tested and assessed at
interview. One of the issues which might arise in relation to this is that of conflict of interest.
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What is a conflict of interest?
Public appointments require the highest standards of propriety, involving impartiality, integrity and
objectivity, in relation to the stewardship of public funds and the oversight and management of all
related activities. This means that any private, voluntary, charitable or political interest which
might be material and relevant to the work of the body concerned should be declared.
There is always the possibility for real or perceived conflicts of interest to arise. Both are a
problem, as the perceived inference of a conflict may, on occasions, be as damaging as the
existence of a real conflict.
It is important, therefore, that you consider your circumstances when applying for a public
appointment and identify any potential conflicts of interest, whether real or perceived.
Surely a perceived conflict is not a problem, as long as I act impartially at all times?
The integrity of the individual is not in question here. However, it is necessary for the standing of
the individual and the Trust that members of the public have confidence in their independence and
impartiality. Even a perceived conflict of interest on the part of a trust Member can be extremely
damaging to the body’s reputation and it is therefore essential that these are declared and
explored in the same way as an actual conflict would be. The fact that a Member acted impartially
may be no defence against accusations of potential bias.
What should I do if I think I have a conflict of interest?
You will find a section on conflicts of interest in the application form for you to complete. This
asks you to consider and declare whether or not you have a real, or perceived, conflict. If you are
unsure if your circumstances constitute a possible conflict, you should still complete this section, in
order to give the Selection Panel as much information as possible.
If I declare a conflict, does this mean I will not be considered for appointment?
No – each case is considered individually. If you are shortlisted for interview, the Panel will
explore with you how far the conflict might affect your ability to contribute effectively and
impartially on the Trust and how this might be handled, if you were to be appointed. For
examples, it may be possible to arrange for you to step out of meetings where an issue is
discussed, in which you have an interest. However, if, following the discussion with you, the Panel
believes that the conflict is too great and would call into question the probity of the Trust or the
appointment, they can withdraw your application from the competition.
What happens if I do not declare a known conflict, which is then discovered by the
Trust after my appointment?
Again each case would be considered on its merits, but a view may be taken that by concealing a
conflict of interest, you would be deemed to have breached the Seven Principles of Conduct
Underpinning Public Life and your appointment terminated.
What happens if I do not realise a potential conflict exists?
This situation may arise where the applicant is not familiar with the broad range of work which a
body covers and therefore does not realise that a conflict might exist. In some cases, the Panel,
with their wider knowledge of the body, might deduce that there is a potential conflict issue, based
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on the information on employment and experience provided by the candidate in the application
form. They will then explore this at interview with the candidate.
What happens if a conflict of interest arises after an appointment is made?
This could arise for two main reasons. The first is that the Member’s circumstances may change,
for example, they may change jobs and in doing so, a conflict with their work on the Trust
becomes apparent. The second is where a Member is unfamiliar with the range of the work of the
body, but after appointment, it becomes clear that a conflict exists where none had been
envisaged during the appointment process.
In both cases, the issues should be discussed with the Chairman and Director of the Trust, to
decide whether or not the Member can continue to carry out their role in an appropriate manner
and each case is considered individually.
It may be that the conflict is such that it would be impractical for the Member to continue on the
Trust, if they would have to withdraw from a considerable amount of the body’s routine business.
In such cases, the Member may be asked to stand down from the body.
Areas where a conflict could arise
There are five main issues, which could lead to real, or apparent, conflicts of interest. These are:
• Relevant pecuniary or other interests outside the organization;
• Relationships with other parties/organizations which could lead to perceived or real split
loyalties;
• Knowledge of emerging Government Policy could give unfair personal advantage to people
with allied business interests – for examples, access to privileged information, trade
secrets;
• Perception of rewards for past contributions or favours;
• Membership of some societies or organisations.
Some examples of potential, real or perceived, conflicts of interest are:
• You are a director of a building supplies firm and the Trust conducts regular procurement
exercises for building materials;
• You could benefit personally from decisions taken by the Trust;
• You are a manager in a voluntary organization, whose funding applications are considered
by the Trust;
• The body for which you work could benefit financially from decisions taken by the Trust;
• Your company could have access to information, which would give them a commercial
advantage over their rivals;
• Your appointment could be viewed as a reward for past favours;
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• Your appointment could be viewed as the “old boy network” in operation.
In other words, no one should use, or give the appearance of using, their public position to further
their private interests. This is an area of particular importance, as it is of considerable concern to
the public and receives a lot of media attention.
The above are examples only, so you should consider carefully your own circumstances to gauge
whether or not a real, or perceived, conflict might exist.
The rules published by the UK Charity Commission are the best practice guidance followed in the
Isle of Man for Manx charities. This guidance makes clear that:
“Trustees must act reasonably and prudently in all matters relating to the charity and must always
bear in mind that their prime concern is the charity’s interests. They must not let any personal
views or prejudices affect their conduct as Trustees.”
January 2012
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This document can be provided in large print or audio tape on request
Chief Secretary’s Office
Government Office, Bucks Road
Douglas, IM1 3PN
www.gov.im/cso