Audit & Compliance Committee
Audit & Compliance Committee
Audit & Compliance Committee
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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