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<strong>Audit</strong> & <strong>Compliance</strong> <strong>Committee</strong><br />

Minutes of the meeting of the <strong>Audit</strong> & <strong>Compliance</strong> <strong>Committee</strong><br />

held on 24 May 2007<br />

Present:<br />

Alan Gibbins [Chair] David Thomas Prof Graham Thompson<br />

In attendance:<br />

Dean Curtis Richard Evans [Deloittes] Andrew Keeble<br />

Alex Martin [KPMG] Nicola May [KPMG] Diana Mulebwaire<br />

[Deloittes]<br />

Prof Philip Ogden Trevor Pearce Charles Perrin<br />

Apologies for absence:<br />

Wendy Appleby Prof Roger Corder Marianne Fallon<br />

Part 1 – Preliminary items<br />

Membership [Paper ACC 2006/29]<br />

2006.77 The <strong>Committee</strong> received the provisional membership for 2007/8 and<br />

noted the following points:<br />

(i) that Professor Graham Thompson’s continuing membership was<br />

subject to his re-election as Dean, while Professor Roger Corder’s term of<br />

office would conclude at the end of the academic year;<br />

(ii) that Trevor Pearce would be leaving the College shortly and a new<br />

Secretary to the <strong>Committee</strong> would be appointed.<br />

2006.78 The <strong>Committee</strong> resolved to thank Professor Corder, Professor Thompson<br />

and Trevor Pearce for all of their work on the <strong>Committee</strong>’s behalf.<br />

Minutes [Paper ACC 2006/30a, ACC 2006/30b, ACC 2006/30c]<br />

2006.79 The <strong>Committee</strong> received and confirmed the minutes of the meeting of 7<br />

March 2007 with the following amendments:<br />

2006.56 (i) to recommend to Council the re-appointment of Deloittes as<br />

internal auditors for 2007/8<br />

2005.56 (ii) to recommend that a market testing exercise be conducted, in<br />

line with the procedures outlined in paper ACC 2006/21, for the<br />

appointment of external auditors for 2007/8<br />

2 Unconfirmed


Matters arising [Paper ACC 2006/31]<br />

2006.80 The <strong>Committee</strong> received the paper detailing matters arising from the<br />

minutes of 7 March 2007 not mentioned elsewhere on the agenda and<br />

noted the following points:<br />

(i) that the Estates Department had been set the objective of finalising its<br />

risk register by the end of the Academic Year; the Estates risk register<br />

would be an item on the agenda for the November meeting of the<br />

<strong>Committee</strong>.<br />

Action: Trevor Pearce<br />

(ii) that the College were continuing to develop plans to enter into a<br />

purchasing consortium with King’s College.<br />

Part 2 – Matters for discussion<br />

Appointment of external auditors<br />

2006.81 The Director of Finance & Planning reported that it had been advised<br />

that, in order to avoid a breach of EU purchasing directives, the<br />

appointment of external auditors would need to go through a full tender<br />

exercise.<br />

2006.82 The <strong>Committee</strong> noted the following points:<br />

(i) that the College should ensure that similar procedures were followed<br />

for the appointment of its fund managers;<br />

(ii) that anecdotal evidence suggested that other Universities had not<br />

followed the full tender route for the appointment of external auditors;<br />

(iii) that external auditors were appointed on an annual basis, with a<br />

market exercise required after seven years; there should be no implication<br />

of a seven year contract for the College’s external auditors.<br />

2006.83 The <strong>Committee</strong> resolved that the appointment of external auditors should<br />

be conducted through a full tender exercise.<br />

Staff Policy (Papers ACC 2006/37a, ACC 2006/37b)<br />

i. <strong>Compliance</strong><br />

2006.84 The <strong>Committee</strong> received and noted a compliance report on Employment<br />

Law.<br />

2006.85 The Chair of the Staff Policy <strong>Committee</strong> reported that, in order to<br />

increase compliance with equal opportunities legislation, it was now a<br />

requirement that all Staff Policy <strong>Committee</strong> papers included an equality<br />

impact assessment.<br />

3 Unconfirmed


2006.86 The Head of Employee Relations reported that the Department of Human<br />

Resources employed a variety of methods to ensure that they were aware<br />

of new employment law legislation including subscription to relevant<br />

professional journals; subscription to an employment law website and<br />

legal helpline; contracts with employment law firms; receipt of<br />

employment law bulletins; participation in email learning forums on<br />

employment law; receipt of monthly law digests. These methods included<br />

both analysis of new legislation and its interpretation via case law.<br />

2006.87 The <strong>Committee</strong> noted the following points:<br />

ii. Risk Register<br />

(i) that listing all historic employment law would be burdensome. More<br />

recent law and legal cases, which are the focus of this paper, validate (or<br />

otherwise) the College’s compliance with the main body of law and this is<br />

considered the best way to satisfy the College and the <strong>Audit</strong> &<br />

<strong>Compliance</strong> <strong>Committee</strong> that employment law is being adhered to;<br />

(ii) that not all legislation was enforced; in some instances ensuring full<br />

compliance with legislation, where this legislation was not enforced, would<br />

incur considerable expense for the College;<br />

(iii) that the <strong>Compliance</strong> Template should be amended to ensure that the<br />

<strong>Committee</strong> received more information on the process by which legislation<br />

is received and analysed and less detailed information on the relevant<br />

legislation itself;<br />

(iv) that the Staff Policy <strong>Committee</strong> received an annual report on<br />

employment law developments , which enabled the <strong>Committee</strong> to analyse<br />

its compliance with the relevant employment legislation;<br />

(v) that the Staff Policy <strong>Committee</strong> also received an annual report on<br />

grievance and disciplinary cases, which enabled the Staff Policy<br />

<strong>Committee</strong> to consider whether instances had occurred in which the<br />

operation of the employment framework was not compliant with<br />

employment legislation;<br />

(vi) that future compliance reports should include details of the questions<br />

being asked to aid the <strong>Committee</strong>’s analysis.<br />

2006.88 The <strong>Committee</strong> received and noted the Staff Policy <strong>Committee</strong>’s risk<br />

register.<br />

2006.89 The Chair of the Staff Policy <strong>Committee</strong> reported that the Staff Policy risk<br />

register had been re-formatted, in line with the format agreed at the <strong>Audit</strong><br />

& <strong>Compliance</strong> <strong>Committee</strong>, to include an assessment of the impact cost of<br />

each risk; it was felt that it might be more useful to have in addition an<br />

assessment of the likelihood of each risk occurring and that the risks<br />

should be shown in order of magnitude/likelihood<br />

2006.90 The <strong>Committee</strong> noted the following points:<br />

(i) that the impact cost of risks on the register should normally be in<br />

bands, in order for more effective comparison of risk to take place;<br />

4 Unconfirmed


(ii) that the Staff Policy <strong>Committee</strong> oversaw other areas of risk and<br />

compliance, notably relating to the recruitment and retention of staff.<br />

Related risks included reputational loss from poor performance in the<br />

RAE and risk relating to the National Pay Framework and Job Evaluation.<br />

Internal audits undertaken of the Staff Policy <strong>Committee</strong> risk register<br />

suggested that the <strong>Committee</strong> were aware of risks and were taking<br />

appropriate measures to mitigate them;<br />

(iii) that the College employed 42% of its staff on fixed-term contracts; the<br />

Human Resources department deployed a comparatively large amount of<br />

resource on managing the risks presented by terminating the employment<br />

of staff on these contracts;<br />

(iv) that the College would be entering into a project undertaken by the<br />

University of Portsmouth with a view to benchmarking its performance on<br />

staff grievance and disciplinary issues;<br />

2006.91 The <strong>Committee</strong> resolved to report to Council and the Staff Policy<br />

<strong>Committee</strong> that, in its opinion, the College currently operated appropriate<br />

processes to ensure, as far as possible, compliance with employment law<br />

and to ensure effective management of risk in relation to staff policy.<br />

Whistleblowing [Paper ACC 2006/42]<br />

The Secretary to the <strong>Committee</strong> declared an interest in the item, as advisor to<br />

the subject of a Grievance case emanating from one of the Whistleblowing<br />

cases described in the Report.<br />

2006.92 The <strong>Committee</strong> received and noted a report on two Whistleblowing<br />

cases undertaken by the College.<br />

2006.93 The Head of Employee Relations reported the following points:<br />

(i) that the College Whistleblowing Policy required all reports from<br />

Whistleblowing cases to be reported to the College; the reports from<br />

these two cases had been delayed due an oversight of this requirement of<br />

the Policy;<br />

(ii) that the report on the case of the Department of Economics expressed<br />

some support for the complaint; the report concluded that there had been<br />

conduct that was “inadvisable” rather than “inappropriate”;<br />

(iii) that the closure of the Open & Distance Learning Unit was currently<br />

being reviewed by the internal auditors; the complainant in the<br />

whistleblowing case had declined to pursue the case with the auditors,<br />

who would not be investigating the case further;<br />

5 Unconfirmed


(iv) that the Whistleblowing Policy was more appropriate to cases of<br />

alleged financial impropriety rather than alleged academic misconduct.<br />

The Secretary to Council should review the Policy with a view to<br />

considering whether cases of alleged academic misconduct should be<br />

referred to Academic Board rather than the <strong>Audit</strong> & <strong>Compliance</strong><br />

<strong>Committee</strong>.<br />

Action: Wendy Appleby<br />

External <strong>Audit</strong> Plan 2006/7 [Paper ACC 2006/32]<br />

2006.94 The <strong>Committee</strong> received and noted the external audit plan 2006/7.<br />

2006.95 The <strong>Committee</strong> noted the following points:<br />

(i) that the charge for work undertaken by the external auditors in relation<br />

to VAT and climate change levy savings was in line with the relevant<br />

ethical guidelines;<br />

(ii) that the external auditors would review the College’s expenditure in<br />

relation to US bioscience companies as part of the audit on estates and<br />

capital developments;<br />

(iii) that the audit would be completed by 30 November 2007, in order for<br />

the College to be able to meet HEFCE deadlines for the submission of<br />

audited accounts.<br />

External audit; benchmarking data [Paper ACC 2006/33]<br />

2006.96 The <strong>Committee</strong> received and noted a report on benchmarking data from<br />

the external auditors.<br />

2006.97 The external auditor reported that this was one of two benchmarking<br />

reports compiled by the auditors; the College had opted not to take part in<br />

the other audit, relating to international students.<br />

2006.98 The <strong>Committee</strong> noted that the performance by the College on pensions<br />

liabilities was an exception in the sector.<br />

Internal audit progress report [Paper ACC 2006/34]<br />

2006.99 The <strong>Committee</strong> received and noted a progress report from the internal<br />

auditors.<br />

2006.100 The internal auditor reported that the audit on debtors had assigned a<br />

rating of limited assurance; there had previously been a rating of<br />

substantial assurance in this area, but previous recommendations had not<br />

been implemented. Some of these recommendations had since been<br />

implemented following the assignment of the limited rating.<br />

2006.101 The <strong>Committee</strong> noted the following points:<br />

(i) the College had debts of approximately £2 million that were 120 days<br />

old or older; much of this was from the Student Loan Company;<br />

6 Unconfirmed


(ii) that the AGRESSO system now enabled automatic chasing letters to<br />

be produced; it was expected that this would enable more rigorous<br />

chasing of debtors and would enable several outstanding<br />

recommendations to be implemented.<br />

Internal audit strategy 2007/8 [Paper ACC 2006/36]<br />

2006.102 The <strong>Committee</strong> received the proposed internal audit strategy for 2007/8.<br />

2006.103 The internal auditor reported that the strategy included minor<br />

amendments to the strategy that the <strong>Committee</strong> had reviewed in detail in<br />

July 2006. The audit would cover areas identified in the College risk<br />

register and Strategic Plan, as well as previously identified areas such as<br />

the Students’ Union and value-for-money.<br />

2006.104 The <strong>Committee</strong> resolved to approve the internal audit strategy for 2007/8.<br />

Part 3 – Matters for report<br />

Recommendations log [Paper ACC 2006/41]<br />

2006.105 The <strong>Committee</strong> received and noted the Recommendations Log.<br />

2006.106 The internal auditor reported the following issues;<br />

(i) that the Log was intended to replace the previously issued end of year<br />

follow up report;<br />

(ii) that Priority 1 recommendations were followed up by the auditors on a<br />

continuous basis;<br />

(iii) that recommendations would be removed from the register once their<br />

implementation had been reported to the <strong>Committee</strong>.<br />

2006.107 The <strong>Committee</strong> noted the following points:<br />

(i) that the Conferences, Catering and Residential Services unit would be<br />

reviewed during 2007/8;<br />

(ii) that the Log should in future indicate changes to the Log previously<br />

submitted to the <strong>Committee</strong>, with the date of implementation of any<br />

recommendations recorded on the Log for the <strong>Committee</strong>’s information.<br />

<strong>Audit</strong> Requirements for 2007/8<br />

2006.108 The Director of Finance & Planning reported that the <strong>Committee</strong> had<br />

previously resolved to have an item on the agenda of the final meeting of<br />

the year relating to audit requirements for the following year; however it<br />

was felt that there was substantial overlap with the review of audit<br />

performance item, on the agenda for the Spring meeting of the <strong>Committee</strong><br />

on an annual basis.<br />

7 Unconfirmed


2006.109 The <strong>Committee</strong> resolved that an annual review of audit requirements for<br />

the following year was not necessary, given the annual review of audit<br />

performance undertaken by the <strong>Committee</strong>.<br />

Fraud<br />

See confidential minute ACC 2006.110<br />

Risk management [Paper ACC 2006/40]<br />

2006.111 The <strong>Committee</strong> received and noted a report on risk management within<br />

the College. A full report would be submitted to the November meeting of<br />

the <strong>Committee</strong>.<br />

HEFCE Annual Risk Assessment [Paper ACC 2006/43]<br />

2006.112 The <strong>Committee</strong> received and noted the annual HEFCE Annual Risk<br />

Assessment letter, which indicated that HEFCE considered that the<br />

institution was “not at risk”.<br />

Date of next meeting<br />

2006.113 The <strong>Committee</strong> noted that the next meeting of the <strong>Committee</strong> would take<br />

place on 5 November 2007.<br />

Trevor Pearce<br />

t: 020 7882 5589<br />

e: t.pearce@qmul.ac.uk<br />

www: council.qmul.ac.uk<br />

8 Unconfirmed

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