Twelfth Report 2006 - The Commissioner for Public Appointments in ...

Strictly Confidential Draft – Not for Circulation – MHCommissioner for Public Appointments for Northern IrelandTwelfth Report 2006-2007

FELICITY HUSTON 2

The Commissioner’s ForewordI am pleased to present this Annual Report for the year 1 st April 2006 to 31 stMarch 2007.This year my Annual Report will be produced in two parts. This first volume willgive a summary of the activities of my Office during the year and some of thechallenges we face. It will also set out my key priorities for the 2007 – 2008period.I plan to produce the audit section of my annual report in the second volume. Ihave changed the method of auditing Departments and believe it will bebeneficial to produce a separate, more focussed report on this area of work.Volume two will be produced in April 2008.I would like to take this opportunity to welcome the MLA’s back to the NorthernIreland Assembly. I have already engaged with most of the new Ministers andhave found the discussions to be very informative and forward looking. I havealso met with several of the Ministers’ Special Advisors as well as members ofthe teams who support the Ministers and Assembly Committees. I look forwardto a long and productive relationship and I wish them well in the tasks ahead ofthem.There are several matters which still need progressed in negotiation with the newadministration. These include commitments given by the Department of Financeand Personnel on behalf of the NICS in relation to appointments to ‘Third PartyOrganisations’.Commitments were also given by the previous Secretary of State in his ‘FinalDecisions of the Review of Public Administration’ in March 2006 that:3

“Board members must be chosen solely on the basis of the skills andexpertise necessary to do the job. All appointments are to be made onmerit and no one should be appointed to any position solely because theyhold a particular position in another organisation. For the future, all Boardmembers will be appointed under the guidelines laid down by theCommissioner for Public Appointments”.I welcomed this announcement believing that it would make all publicappointments truly open and transparent, and bring an end to the large numberof statutory nominees on our public bodies.Work on this matter has not progressed as I had hoped. The second volume ofmy annual report will analyse some of the methods currently used to selectstatutory nominees. I hope that as part of the programme to tidy up legislation onpublic appointments, the Executive will finalise their policy on this aspect ofappointments in Northern Ireland.In Scotland, England and Wales statutory nominees are rare. In Northern Irelandthey make up 35% of our public appointments. This has a direct impact on thediversity of our boards.Finally I would like to take this opportunity to thank the Comptroller and AuditorGeneral John Dowdall, and his staff, for all the assistance given to me during thepast year. Without his help I would not have been able to carry out my duties asCommissioner for Public Appointments for Northern Ireland over the past year.I look forward to reporting progress during the next year and would encourageeveryone to visit our website on www.ocpani.gov.uk.Felicity HustonCommissioner4

It is because of this that we need board members who are – to quote - ‘fit forpurpose’. Board members must understand their duties and responsibilities andbring a range of skills, experience and personal qualities to the board table. Theymust also reflect the realties and variety of Northern Ireland Society. We do notwant a set of identikit public appointees.Board members have to understand what they can and can’t do. It isunacceptable to serve on a public body and make financial gain - personal orcorporate - from that body. One cannot, wearing one hat, tender for a piece ofwork for a board, and wearing another hat, be part of the board that decides suchthings. It is an untenable conflict of interest.Through regular updating of my Code of Practice, I hope to refine and improvethe processes I oversee – helping to identify the right individuals to serve on ourpublic bodies. I know they are out there – we just have to find them.Review of the YearCompetitions and OCPA NI Assessor TrainingIn 2006/07 we allocated a total of 65 OCPA NI Assessors to work on a variety ofcompetitions with NI Departments and the Northern Ireland Office – the NIDepartment competitions are listed below. We also provided advice and supportto both Departments and assessors regarding a great many of theseappointments’.Public Appointment Competitions 2006/07Dept Competition R/M/TPODARD Agricultural Wages Board RegulatedDARD Livestock and Meat Commission Regulated6

OFMDFM Strategic Investment Board RegulatedOFMDFM Commissioner for Victims and Survivors NI RegulatedDARD Research and Education Advisory Panel MonitoredDCAL NI Events Company MonitoredDCAL Architecture and Built Environment Board MonitoredDCAL NI Events Company MonitoredDEGeneral Teaching Council for NorthernIrelandMonitoredDE Middletown Centre for Autism MonitoredDEL Industrial Court MonitoredDEL Governors of Further Education Colleges MonitoredDEL Governors of Further Education Colleges MonitoredDEL Governors of Further Education Colleges MonitoredDEL Governors of Further Education Colleges MonitoredDEL Governors of Further Education Colleges MonitoredDEL Governors of Further Education Colleges MonitoredDETI NI Authority for Energy Regulation MonitoredDETI NI Authority for Energy Regulation MonitoredDOE Coastal and Marine Forum for NI MonitoredDOEAssistant Local Government BoundariesCommissionerMonitoredDOE Historic Buildings Council MonitoredDRD Belfast Harbour Commissioners MonitoredDRDDRDLondonderry Port & Harbour Commissioners MonitoredLondonderry Port & Harbour Commissioners MonitoredOFMDFM Ilex Urban Regeneration Company MonitoredOFMDFM Planning & Water Appeals Commission MonitoredOFMDFM Planning & Water Appeals Commission Monitored8

OFMDFM Planning and Water Appeals Commission MonitoredOFMDFM/DSD Chair of IlexMonitoredDHSSPS Belfast Local Commissioning Groups TPODHSSPS East Local Commissioning Groups TPODHSSPS North West Local Commissioning Groups TPODHSSPS Inner East Local Commissioning Groups TPODHSSPS West Local Commissioning Groups TPODHSSPS North East Local Commissioning Groups TPODHSSPS South Local Commissioning Groups TPOThis list clearly demonstrates the wide variety of work my Office was involved induring the year as well as the very challenging workload for the two OCPA NImembers of staff. I take this opportunity to publicly thank Martina Hanna andDenise Phillips for all they have done over the past 12 months.The number and variety of competitions also illustrates why I need trained andmotivated OCPA NI Assessors to scrutinise and advise throughout each of theappointment rounds.I promised in my last report that I would run two formal training sessions eachyear for my Assessors. The first of these sessions was held in September 2006.This session focused on competence based interviewing and the role andauthority of the OCPA NI Assessor. Various casework scenarios were presentedand discussed.The second session was held in February 2007. This covered the role of thenon–executive board member and was followed by a case study of a competition.The Assessor involved in the competition talked through the challenges metduring the competition and the solutions that had been reached.9

I also organised two informal lunchtime seminars with guest speakers. One ofthe seminars was presented by the Northern Ireland Audit Office and highlightedto my team of Assessors the importance of managing probity and conflicts ofinterest.This year the title of my team of Assessors was officially changed and they arenow formally referred to as OCPA NI Assessors. The purpose of this was toclearly distinguish their role and identify them as working for and on behalf ofOCPA NI only. This clarifies their position on the panel, strengthens theirindependence and separates them from other ‘independent panel members’ thatmay participate in competitions outside the remit of OCPA NI.Full details of all the OCPA NI Assessors can be found on our website at:www.ocpani.gov.ukThird Party Organisations (TPO’s)SPONSOR DEPARTMENT THIRD PARTY ORGANISATIONDARDRural Development Council (RDC)Rural Community Network (RCN)SustransCountryside ServicesDCALNorthern Ireland Film and Television Commission(NIFTC)Sports Institute Northern IrelandDETIAction RenewablesNI Science Park (NISP)NI Public Sector Enterprises Ltd (Ni-CO)DHSSPSBelfast Local Commissioning GroupEast Local Commissioning GroupNorth West Local Commissioning GroupInner East Local Commissioning GroupWest Local Commissioning GroupNorth East Local Commissioning GroupSouth Local Commissioning GroupDOEThe Historic Buildings CouncilThe Historic Monuments CouncilThe Council for Nature Conservation and theCountrysideNI Biodiversity Council10

DSDOFMDFMOmagh Task ForcePortadown 2000Community Relations CouncilThe difference between appointments to TPO’s and the public bodies under myremit is that appointments to the latter are made by Ministers and thereforesubject to the full rigour of the Commissioner’s Code of Practice. Appointmentsto TPO’s are made by Civil Servants.In last year’s report I referred to the issue of TPO’s and the background which ledto proposed changes to these bodies. I am profoundly disappointed in the lack ofcommitment and communication on the part of the NICS in relation this matter.In July 2006 in response to the Westminster PAC’s scathing comments on theEmerging Business Trust, the following commitments regarding TPO’s weregiven:-Response to Conclusion 6 - “DFP agrees with the need for a rigorous process forappointments to the Boards of public bodies and with the need for Departmentsto have robust processes in place to ensure that those appointed or re-appointedto Boards can clearly demonstrate that they meet the probity principle. Althoughthe Code is restricted to executive NDPB’s and health and personal socialservices bodies, Departments have agreed, as far as is practicable (and with dueregard to proportionality), to apply the Code to all public appointments”.Response to Conclusion 9 – “DFP notes that the Committee has sent a copy ofits report to the Commissioner for Public Appointments in Northern Ireland. TheNorthern Ireland Treasury Officer of Accounts has met with the Commissioner toensure that she is apprised of all relevant facts and to discuss the implications ofthe Committee’s recommendation for the wider public sector. As noted in theresponse to Conclusion, the Code of Practice issued by the Commissioner doesapply, as far as is practicable (and with due regard to proportionality), to all public11

appointments. Similarly, compliance with the Code will be a condition of futureoffers of funding to Third Party Organisations.As a result of these commitments, I and my team worked with the CentralAppointments Unit in the Office of the First and the Deputy First Minister, prior tothe new Assembly, to draft a set of guidelines in the ‘Spirit of the OCPA NI Code’that would apply to appointments to such organisations. A final version of thedraft was never agreed with my office and I am unaware of any training providedto help Departments implement this change.DFP also lead an exercise to identify all Third Party Organisations defined as“organisations which have been set up, and significantly funded, by a public bodyto deliver public services or, organisations being used as a vehicle for disbursingfunds to other recipients”. Apparently the initial list was too long and wastherefore reduced in numbers.My concerns regarding TPO’s are as follows:The final list of Third Party Organisations (see above): The exercise to identifythe TPO’s commenced in autumn 2006. Despite encouragement from my office,the list of identified bodies remained sparse to say the least. The final list wasagreed and approved by the NICS Permanent Secretaries Group. This hasresulted in a list of 23 organisations, subject to compliance with the spirit of myCode of Practice, out of possibly hundreds of such organisations in NorthernIreland. It should be noted that 4 of those organisations listed are MinisterialAppointments and, as such, should never have appeared on the list.The draft guidelines: We have run one set of successful TPO competitions withDHSSPS. However I am aware that there is real confusion in Departmentsregarding these bodies and how appointments are to be made. I discoveredrecently that the guidelines were finalised and issued to Departments by theDepartment of Finance and Personnel, without my knowledge or involvement.The issued instructions were not copied to OCPA NI.12

I met recently with the Minster for DFP in the hope of resolving some of theseissues. The meeting was very positive and I was given a commitment that theTPO list will now be reviewed. I look forward to reporting more positivedevelopments on this issue in my next Annual Report.Review of OCPA NI Office and ResourcesI have responsibility for the following key areas of work:-• To oversee and regulate Ministerial Public Appointment competitions.• To manage and train my team of 39 Assessors.• To promote economy, efficiency and effectiveness in the procedures formaking public appointments.• To prescribe and publish a code of practice on the interpretation andapplication by Departments of the principle of selection on merit for publicappointments and to adopt and publish from time to time additionalguidance to Departments.• To carry out an audit to review policies and practices of Departments inmaking public appointments to establish whether the OCPA NI Code ofPractice is being observed.• To conduct inquiries into policies and practices pursued by a Departmentin relation to public appointments.• To manage and investigate complaints related to appointment proceduresthat concern an individual’s experience as an applicant, the way aDepartment has handled an appointments process or a challenge to theappointment of the successful candidate.• To offer advice to Ministers and Departments when requested on variouspublic appointment issues.13

The resources allocated to carry out these duties are one full time Policy Advisorand one Administrative Officer. My audit function is being carried out by an NIAOauditor, originally on loan, and now formally seconded from the NAIO. I amremunerated on the basis of two working days per week.My team is located on the 5 th Floor of Castle Buildings in the Stormont Estate.Whilst it is essential to be based in the Stormont Estate, sitting in the middle ofCastle Buildings, in the midst of the Civil Servants whom I both regulate andaudit, does nothing to enforce the status of OCPA NI as independent ofGovernment and the Civil Service.The problems regarding this location have been recognised by politicians andstakeholders alike.My Office is - to use the Civil Service term – ‘sponsored’ by OFMDFM via itsCentral Appointments Unit (CAU). Senior management in CAU are alsoresponsible for administering the appointment processes for the Planning andWater Appeals Commissioners. I monitor these appointments and have justfinalised an audit report on the PAWAC competition in 2006/07. If this scenariowas identified in a public body it would be judged an unacceptable conflict ofinterest. I will be addressing this issue in the audit report.In July 2006 I asked the Head of the NI Civil Service for the staffing issues etc inmy Office to be looked at. As I have no autonomy regarding staffing, resources,accommodation etc. the only mechanism offered to address these issues was areview by the DFP’s Delivery and Innovation Division. I was not allowed tocommission this review, but was merely to be the subject of the work.Since my original request in July 2006 I still have no additional resources and Iam still located in Castle Buildings. An initial assessment of the situation wasdrafted in June 2007. I am told I cannot expect any further work to be carried outby the review team until early 2008.14

I have now discussed this issue with the OFMDFM Committee and will presentan update in my 2007/2008 annual report.OCPA NI Code of PracticeThe OCPA NI Code of Practice is the basis for good practice for PublicAppointments. It sets out the regulatory framework against which Ministers andDepartments must comply. If a Minister fails to comply with this Code, he or shemay also have failed to comply with the Ministerial Code of Conduct – seeJustice Girvan’s comments in regard to the Brenda Downes/Interim VictimsCommissioner Case –Access Judicial Review on Interim Victims Commissioner CaseI wrote to Departments on the 30 th March 2007 setting out my intention to revisitand review the OCPA NI Code of Practice. I highlighted essential changes andamendments, as a result of audit outcomes and complaint investigations, thatneeded to be applied to the current Code of Practice. In order to ensure that theamendments did not pose difficulties for competitions already underway, and togive Departments time to update their systems, the amendments were notenforced until 1 st May 2007.Some key changes included:1. The declaration of political activity is now only required for those appointed to apost – not for applicants. The previous requirement was a chill factor for potentialapplicants. This change was introduced successfully in Scotland some 2 yearsago.2. OCPA NI Assessors (OA’s) must now be involved at the very beginning of apublic appointment competition. This enables all paperwork, advertising etc to becleared for compliance with the Assessor before going to print. Prior to this15

change OA’s were often brought in when the application packs had been printed,and even if non-code compliant, Departments refused to reprint or amend. Thisshould no longer happen. The OA’s involvement at the planning stage givesDepartments an opportunity to review the language used in criteria etc, with thehope that it might become more user friendly.3. The OA’s Validation Certificate is now included with the submission to theMinister at the point where he or she makes the final selection for appointment.4. I have also published a new leaflet, Complaints and Conflict of Interest:Information Guidance, to replace the ‘Complaints Leaflet’ and the ‘Probity andConflicts of Interest – A Guide for Candidates’ booklet. A copy of this newdocument is attached at Annex 3. This is a more succinct document and reducesthe volume of paper required in the information pack by approx 12 pages.The current Code of Practice is, except for a few areas, a near duplicate of theGB Code of Practice. It is essential to bring it up to date and ensure it is suitableand applicable for the devolved administration and Northern Ireland.The review of the Code of Practice commenced in November 2007. I haveinvited representation from all of the Government Departments and interestedparties to assist me in that process.Liaison with the Commissioners of England and ScotlandI regularly meet with my colleagues, Janet Gaymer, the Public AppointmentsCommissioner for England, OCPA, and Karen Carlton, The Public AppointmentsCommissioner for Scotland, OCPAS. These meetings have resulted in sharedworking practices and appropriate Code of Practice changes.We share information regarding advice on best practice offered to Departments.We have discussed matters related to our teams of assessors on issues such as16

indemnity and contracts. The Commissioners meet to discuss policy matters and this meeting is followed up by our senior staff who have responsibility for implementing and progressing points and decisions made. Developments as a result of our joint co–operation are as follows: • Legal Precedents - We have discussed and reviewed legal precedentsand cases which may affect our work and the public’s confidence in theappointments process: for example, the application by Brenda Downes forJudicial Review with regard to the Interim Victims Commissioner and thesubsequent Scott Review into the matter, the Parades Commission caseand the Human Rights Commissioner Industrial Tribunal case.• Probity and Conflicts of Interest Leaflet – I based our new “OCPA NIComplaints and Conflict of Interest: Information Guidance” on Scotland’sConflicts leaflet. This has been well received in many of the Departmentsand amongst applicants for appointment.• Assessor Accreditation – OCPA are developing a system of accreditationand training for their team of Independent Assessors. I will follow closelythe results of this work and consider if it is suitable for adaptation inNorthern Ireland.Diversity on Public BodiesThe recommendations developed by the short-term working group on diversity inpublic appointments were published in July 2005. A copy can be accessedthrough the OCPA NI Website at:www.ocpani.gov.uk/working-group-diversityIn response to the report, the Head of the Civil Service in August 2005 advisedthat he would ask the Central Appointments Unit “to take forward with17

Departments detailed consideration of the various recommendations and toproduce an appropriate Action Plan”.During 2006/07 the OFMDFM Gender Equality Unit contacted each Departmentto ascertain what actions they had taken to implement the report’srecommendations. The response was disappointing. It appears thatDepartments will only engage fully if such actions are in the body of the Code ofPractice.The statistics published by the Central Appointments Unit of OFMDFM for2006/07 regarding diversity show little significant change from last year.It seems the only way forward is for me as Commissioner to amend my Code ofPractice to include steps which will force Government Departments to makediversity a genuine issue to be addressed and dealt with in their appointmentsprocesses. At present it appears to be little more than an irritant to manyinvolved. “that PC nonsense” to quote one individual administering a publicappointment round.My Scottish colleague is finalising her equal opportunities strategy and I hope toborrow from both her research and ideas when making my changes.“Get on Board”In my last report I explained how Belfast Metropolitan College had piloted aprogramme entitled, “Get On Board”.I am delighted to report that since March 2006 this course has been deliveredthroughout Northern Ireland to urban and rural participants. Seventy nine peoplehave successfully completed the course which remains the only accreditedcourse of its kind in the UK and Ireland. The aim of the course is to preparepeople for public life. It focuses on participating on public sector boards and was18

designed to break down many barriers to public appointments and make themmore accessible.I congratulate the Department of Employment and Learning (DEL) on its efforts tosupport the Get on Board course. The achievements to date could not havebeen made without the financial support of DEL and the Belfast MetropolitanCollege as well as support from the Office of the First and the Deputy FirstMinisters.I have addressed each course personally and have found the interaction with theparticipants both challenging and informative. Some of the changes I have madeto my Code of Practice have been as a direct result of comments from thecourse.I cannot stress enough the potential this programme will have in increasingdiversity and enabling more people in Northern Ireland to go forward for publicservice. I have offered my support to Belfast Metropolitan College in its efforts tohave ‘Get on Board’ placed on the Prescribed List of Approved Qualifications(PLAQ) under DEL. I believe this would ensure that the course is available topeople from all walks of life.I believe that the wide spread interest and demand for this course shows thereare plenty of individuals keen to serve on public bodies – we just need to find away to reach more of them.If you are interested in participating on this course details can be found on theInstitute website at the following address:Access further information on 'Get on Board' courseRaising Awareness of the Public Appointments SystemA Northern Ireland TV production company has been commissioned by the BBCto make a documentary, ‘Life Matters’, about the work of the Belfast Health &19

Social Services Care Trust. It includes coverage of the appointments to the Trustand the activities of the non-executives on the board. I believe this will raiseawareness of the public appointments system and highlight the importance ofnon–executive board members and their responsibilities.Audit ArrangementsI am required to audit policies and practices of Departments in making publicappointments, to establish whether the OCPA NI Code of Practice is beingobserved and applied.The 2006-2007 AuditsIn a change to previous years the OCPA NI auditor, audited a selection of PublicAppointment processes in all Northern Ireland Departments, based on anassessment of risk for appointments made during 2006/07. PreviouslyDepartments were audited on a cyclical basis every three years. This work hasbeen carried out for me by Victoria Frazer, on loan, and now officially secondedfrom the NIAO.The objective of the audits is to evaluate whether Ministerial public appointments,which fall within the OCPA NI remit, are made in accordance with the Code ofPractice and Guidance. The audits involve:• testing for compliance a selection of appointment processes made byDepartments during 2006/07 which fall within the OCPA NI remit;20

• reviewing appointments made under the Monitored Kitemark scheme, thevoluntary regulation process for Ministerial appointments that are notregulated in legislation by my Office.Each Department audited received a detailed report, giving the results of theiraudit, including recommendations for improvements to their procedures.The findings of this year’s audits will be produced in volume two of this AnnualReport. The full audit reports will, as before, be published on our website.ComplaintsI have a duty to investigate complaints and regard an easily accessiblecomplaints system as a fundamental part of an open and transparentappointments process. Members of the public with a complaint about anappointment to a particular body - whether about the process by which it wasmade or the way in which they, as an applicant, were treated - should firstcontact the Department concerned. If still dissatisfied, they approach me.This year, my Office carried out four formal investigations. Two complaints wereupheld. I also received a number of letters querying various aspects of theappointments process. These were general points of procedure and were nottreated as formal complaints.All candidates for appointment receive a copy of the OCPA NI complaints leafletas part of their information pack, so there is a high level of awareness of thecomplaints procedure.I have summarised below the main issues arising from my investigations. It is myintention that in future the full reports will appear on our website – includingdetails of recommendations made to Departments as a result of thesecomplaints.21

Complaints UpheldDepartment of Environment (DOE):A candidate was not short listed for interview having been judged as failing tomeet the criteria set by the Department. In particular the criterion regarding ‘OralCommunication’.The candidate appealed initially to the Department and subsequently to myself.Following a thorough investigation I decided to uphold the complaint as, in myopinion, the Department was wrong in deciding not to interview the candidate.In this particular competition, applying one criterion to the complainant’sapplication in the strictest degree resulted in the candidate not being short listedfor interview.From my investigation I discovered that this same criterion was not applied withequal rigour across the entire field of candidates. In particular 10 candidateswere called for interview when they did not meet that criterion. Three of thesecandidates were subsequently successful in securing appointment.It therefore appeared that the complainant was treated differently from othercandidates and was correct to complain.The Department’s initial response to my findings was to challenge my right toinvestigate the complaint on the grounds that the appointment did not appear onthe list of bodies legally subject to my regulation.22

However DoE requested to use the OCPA NI Monitored Kitemark regulationprocess and as such joined the club for complaints too. Regulation cannot be aIa carte – it is all or nothing. I am particularly concerned that the Department‘sargument was apparently based on legal advice received.Department of Employment and Learning (DEL)The complainant in this case raised two issues. The first part of the complaintwas based on the grounds of not being short listed for interview. The secondpart of the complaint was the applicant’s perception of not receiving fair treatmentat the hands of the interview panel, in light of the way in which the short listingwas made.Following a thorough investigation I upheld the first part of the complaint. In doingso I noted that, by the time the case came to me, the Department had alreadytaken the appropriate steps to remedy the matter, by inviting the complainant forinterview.The second part of the complaint was not upheld. The documentation relating tothe interview process indicates that the complainant was assessed fairly at thisstage, and there were no grounds for this complaint.However, the investigation brought another matter to light. Other applicants,initially sifted out, were not given the same opportunity as the complainant tohave their applications reviewed. When the Department’s Independent AppealsOfficer found that the complainant should have been interviewed, this shouldhave triggered a further check on the other candidates rejected to ensure theywere treated fairly.23

files were comprehensive and well-indexed and provided a good audit trail. Icommended the Department for this as it makes my work in auditing andinvestigating complaints easier. Not all Departments are of this standard.Department of Enterprise Trade and InvestmentThis complaint was in relation to whether the applicant’s application wasconsidered on evidence related to their merit or whether there were any other unstatedfactors at work.The complaint was not upheld as the investigation found that the only factorstaken into account were the answers provided by applicants in relation to thepublished criteria. There was no evidence either in the assessment of theapplications, or in the statements made by the panel members in support of theirdecisions, that un-stated factors were at work in ruling out the complainant’sapplication.What Lies AheadLast year I outlined some of the challenges ahead of OCPA NI and I havereviewed those earlier in this report. The following is a list of the main issuesahead with a brief summary of actions proposed for the 2007/08 year. I willprovide feedback on these matters in the 2007/08 report.• OCPA NI Code of Practice – I have set out my reasons for the need for anew Code of Practice earlier in this report. Work commenced on this inNovember 2007. My hope is to launch the new Code in 2008. I will beworking closely with my team, the OCPA NI Assessors, staff from the25

Departments managing public appointments and other key stakeholders intaking forward this vital area of work.• Liaison with the Commissioners for Public Appointments for England andScotland – Liaison with my colleagues in England and Scotland willcontinue and I will report on areas of shared practice in the next report.• Regulated Bodies and the Monitored Kitemark – Ministerial appointmentsto regulated bodies fall within my remit if they are listed in Schedule 2 tothe Commissioner for Complaints (Northern Ireland) Order 1996, or in Part1 of the Schedule to the Commissioner for Public Appointments(Amendment) Order (Northern Ireland 2001. Any body listed in Part II ofthis schedule is specifically excluded from my remit.There are many other Ministerial Appointments that fall outside my remit.OCPA NI however operates an OCPA NI Monitored scheme. This enablesa Department to have individual Ministerial appointment competitionsregulated on a voluntary basis.In March 2006, as part of the final decisions of the Review of PublicAdministration, the Secretary of State gave a commitment that “Allappointments are to be made on merit and no one should be appointed toany position solely because they hold a particular position in anotherorganisation. For the future, all Board members will be appointed underthe guidelines laid down by the Commissioner for Public Appointments”.An exercise was to be completed to identify bodies that fall outside theremit of OCPA NI and to bring those identified into my remit through alegislative amendment. My intention was therefore to remove theMonitored Kitemark scheme for Ministerial Appointments that were notmoved into the regulated category. This work was never fully completedand is a matter now for the NI Assembly and Executive. I have been26

advised that ‘subject to Ministerial agreement’ OFMDFM propose takingforward the extension of my remit via a Prerogative Order’. Having bodiessubject to regulation does not in any way hinder Ministerial choice butdoes add a level of accountability to the Civil Servants managing theprocess on behalf of the Minister.I will report on this specifically in my next annual report. My intention willstill be to remove the Monitored Kitemark scheme for MinisterialAppointments as soon as the work on the Prerogative Order is complete.The DOE’s complaint case clearly demonstrates that Departments do notunderstand the current regulatory structure for public appointments. IfDepartments are confused what hope is there for the general public?• Advertising Public Appointments – I am disappointed to see that after thework undertaken by OCPA NI and the Executive Information ServiceDepartments have still not got the message that advertisements for publicappointments do not have to be placed in the Public Notices section ofnewspapers. There is more work to be undertaken on this matter. I againwould like to thank the Executive Information Service for their efforts andadvice to date.On the following page I have attached a couple of examples of recentpublic appointment adverts.27

• OCPA NI Assessor Training and Departmental Awareness Training –With the review of the Code of Practice now underway it will be essentialto run OCPA NI Assessor and Departmental awareness training inpreparation for the new Code being implemented. It is also my hope towork closely with the OFMDFM Central Appointments Unit on this matterin order to assist Departments in managing the process of publicappointment competitions through the new code.• OCPA NI Assessor Recruitment Drive – The tenure for the current team ofOCPA NI Assessors is due to end in January 2009. It is my intention torun a fresh recruitment drive.• Audit - Volume two of this Annual Report will give full details of the newsystem and proposals for the future.• Third Party Organisations – I have covered some of the detail of this andwork is ongoing on this topic.• Ministerial and Departmental Advice – I have met with the majority ofMinisters both on general aspects of the Public Appointments process andon specific cases. I have found these meetings to be very productive. Iwill continue to offer support and guidance to our Ministers and theDepartmental representatives.• Complaints Handling – OCPA NI will continue to manage complaints and Iwill report on any received in my next annual report.• ‘Get on Board’ – I organised an event in liaison with the BelfastMetropolitan College, to recognise the achievement of all those who have29

successfully completed the ‘Get on Board’ course. The event was anopportunity for policy makers in Government to hear first hand theexperiences of the participants who have been successful in not justachieving the accreditation but in becoming board members. The eventwas held in October 2007 and will feature in more detail in my 2007/08Annual Report.30

Annex 1Profile of Felicity HustonFelicity is a Partner in Huston & Co LLP Tax Consultants in Belfast - a practice she runs jointly with her husband Adrian.Before moving to the private sector, she was a HM Inspector of Taxes, having joined the service as a Direct Entrant Inspector. During her time in the Revenue,she specialised in the investigation of tax fraud and evasion. Felicity has a wide and varied experience of public life. For many years she has had a particular interest in Consumer Issues; serving on: • The Personal Investment Authority’s Consumer Panel in London• The Post Office Users Council for Northern Ireland• The General Consumer Council for Northern Ireland – as deputyChairman • Northern Ireland Consumer Committee for Electricity – as ChairmanIn May 2000, she was appointed by the Prime Minister to be an IndependentMember of the House of Lords Appointments Commission. The Commission istasked with recommending individuals for appointment to the Cross-benches ofthe Upper House and with vetting the nominations made by party-politicalleaders. The Commission is made up of three Independent Members and threepolitical Peers – Lord Hurd, Lord Dholakia and Baroness Dean. It is chaired bythe well known businessman Lord Stevenson.• Access further information on the House of Lords AppointmentsCommission • Access the House of Lords Appointments Commission Annual Report(PDF 304 KB)31

As part of her portfolio of public appointments, she also serves as a General Commissioner for Income Tax and represents Northern Ireland on the National Advisory Body. Felicity has served on the Board of Clifton House – Belfast Charitable Society (BCS), for almost 10 years and was, until November 2005, its Honorary Treasurer. During this period, BCS has celebrated its 250th anniversary, built a state-of-the-art nursing home for 100 residents at Carlisle Circus and renovated and developed the historic Clifton House in partnership with BIH housingassociation. Felicity resigned from the Board of Clifton House in line with her own policy that Board members should not serve more than ten years. Her interest in energy matters led to her becoming a non-executive director of Northern Ireland Energy Holdings Ltd and its associated companies, includingMoyle Financing PLC. NIEH is a company limited by guarantee, set up in the interests of Northern Ireland energy consumers. Felicity is chairman of the company’s audit committee.Felicity was brought up in Portadown and Belfast. Her husband Adrian is a farmer’s son from Co Londonderry, so she has wide experience of life in rural and metropolitan Northern Ireland. She was educated in Northern Ireland – being one of the few women who can claim to be an Old Campbellian - before attending Nottingham University, where she graduated with a BA Hons in Politics.Given her life long interest in animal welfare, Felicity is delighted to have recentlybecome a trustee of Assisi Animal Sanctuary in Newtownards. Away from work Felicity has two sons. Her interests revolve around feeding herfamily and pets. 32

Annex 2Abbreviations used in this reportThe following abbreviations are used in this Report:DARD Department of Agriculture & Rural DevelopmentDCAL Department of Culture, Arts & LeisureDE Department of EducationDEL Department of Employment & LearningDETI Department of Enterprise, Trade & InvestmentDFP Department of Finance and PersonnelDHSSPS Department of Health, Social Services & Public SafetyDOE Department of the EnvironmentDRD Department for Regional DevelopmentDSD Department for Social DevelopmentOFMDFM Office of the First Minister and Deputy First MinisterTPO Third Party Organisation33

Annex 3Complaints and Conflict of Interest: Information Guidance34