iili'ltta1enls ommission

Transcription

1 A iili'ltta1enls ommission Minutes of the Meeting of the Appointments Commission (AC) Wednesday 03 October 2012 The Registries Meeting Room, Registries Building, Douglas Present: Mr Francis Masserick MrT Craig Mrs H Booth Mr John Wilson Ms J O'Rourke (FM) Chairman (TC) (HB) (JW) (JO) Secretary: Sally McMullen (SM) The meeting opened at 09:30 Please note: Information in respect of Tribunal procedures and details of Chairperson and members appointed, can be found at: 118/12 Minutes: The minutes of the meeting held on 15 August 2012, which had been circulated for comment prior to this meeting, were signed and approved for placing on the website. Secretary to place minutes on website SM 119/12 Matters Arising: All matters arising are covered by the agenda. 120/12 Progress Report from the Secretary: Budget report The annual budget from 01 April 2012 is: 10, Costs to date: Current balance: It was noted that the recent and forthcoming interviews will have an impact on the budget. It was agreed to monitor the current balance and highlight the level of budget to the Tribunals Office when it reaches Pending matters Pending matters noted. No further action required at this stage. Legislation Br. Information available to AC members Website covering Order Papers, Question papers, Agenda etc /infocentre/acts/ Website covering the Acts. The above website also covers Manx Law Newsletters Website covering UK recruitment policies Website featuring AC information and vacancies UK code of Practice for Public AppOintments Appointments Commission. Page 1 of 5

2 121/12 List of Tribunal Members: The List of Tribunal members, including the relevant terms of office, was noted. It was agreed to commence the process for preparing the adverts and Information Packs for: Rent and Rating Tribunal: Chair and 2 members Employment Tribunal : 8 Employer's Panel member: 10 Employee's Panel Members Work Permit Appeal Tribunal : Chair: 2 Employee's Panel members Note: The lead time for recruitment will require a minimum of 3 months. The exception to this will be any Tribunals or other bodies which require a CRB police check, in which case the lead time will be 6 months. 122/12 Review of Proposed Legislation: TC TC advised that there are currently no new items listed which would indicate an impact on the AC. ': " For information: Bills are available to all members of the public, including the AC, on the following link Future documents for review may be submitted to the Secretary 10 days in advance of meetings for inclusion on the agenda. 123/12 Appointments Commission - Tribunal Appeal Hearings: At the January 2010 meeting, AC members were invited to attend Tribunal hearings as observers. The invitation for AC members to attend one or more Tribunal Hearing (for example Employment Tribunal, Rent & Rates, Work Permit) remains open and AC members wishinq to attend should contact the Tribunals Office on /12 Police CRB Changes: (74/ 12, 81/ 12, 97/ 12, 111/ 12 refer) At the June meeting, the AC agreed to issue a memorandum of understanding to the Chief registrar. It was noted that the AC had not received a response from the CEO at DHA in respect of this matter. FM to prepare a memorandum of understanding to the Chief Registrar FM Matter carried folward SM 125/12 Policy Review: (57/ 12, 72/ 12, 85/12, 99/ 12, 108/12, 110/12 refer) The Procedure for Appointments to Tribunals The AC considered further revisions in respect of online applications, communications & CRB changes. It was agreed to amend Section 7 and issue for Signature at the next meeting. Policy for Access to and Handling of Sensitive Information (CRB Police Checks) Given the changes in CRB police checks, it was agreed that this matter should be carried forward to the next meeting. The AC considered the changes to the CRB process. It was agreed that the Secretary would process the CRB applications and receive the CRB reports on behalf of the AC. The Secretary is to check for any discrepancies between the Criminal Offences section on the application form and the CRB report. It was agreed that there was no guidance as to what action may be taken by the CRB recipient (the Secretary), in order to liaise with the AC in respect of the applicant. The secretary is to seek advice from the Po/ice Vetting Unit SM Appointments Commission. Page 2 of 5

3 126/12 lr~lster()finterest: (46;'12-90/12-92/12, 112/12J "efer) At the July meeting, it was agreed that all AC members should complete a register of interest. A form has now been provided and it was agreed that all members should now forward a completed form to the Secretary. 127/12 Members to provide the Secretary with completed forms All I trrlbunal Chairpersons: Feedback on members perfonnallcle (9O/12, 101/12, I U1.l/12 refer) I At the July meeting, it was agreed to write to the Chief Secretary, however, it was agreed to include information in respect of CRB checks and the matter is to be carried forward. Secretary to carry forward SM The AC further considered this matter and agreed to respond to the letter received from the Chief Registrar in this respect. FM to draft response to the Chief Registrar FM Application Form It was agreed that, for the purpose of performance management, applicants for vacancies who are sitting members, should be advised that the AC may request a reference from the Chair of the Tribunal or other body of which they are a member. It was agreed to add the following words to the reference section of the application form: "Please note that if you are an existing member of a Tribunal and are applying for reappointment, the Appointments Commission may seek feedback from the Chair of such Tribunal as to your term of office. Your application, on this form, will be deemed consent to the Commission to make the Chairman aware of your application. There is no bar to your requesting the Chairman of the Tribunal you serve on, to act as a referee for this application. " ]0 to draft a letter for Chairpersons inviting them to provide feedback on a member JO 128/12 ~~tion Packs: (~12, P/J2, refer):- ~ Jt The AC reviewed the following Information Packs, with a view to advertising Legal Aid Tribunal: Panel Member Legal Aid Tribunal: Chairperson Legal Aid Committee: Lay Person Legal Aid Committee: Lawyer Legal Aid Appeals Tribunal & Legal Aid Committee: At the August meeting, the AC met with Legal Aid representatives and it was agreed to make a number of amendments to the documents. The AC advised that clarification is needed on the qualifications required for the posts of Chair and Members It was further agreed to review the documents with a representative from the Department on 04 September 2012 at 11 :30 in Court 4, however, this meeting was adjourned at the request of the Legal Aid Department. The AC considered the revised documents and agreed that further revision and clarification would be required before these posts could be advertised. It was agreed that a further meeting would be required with Legal Aid representatives Appointments Commission. Page 3 of 5 Secretary to arrange the meeting SM

4 129/12 IData (119/12)) The AC noted the documents confirming the AC registration 130/12 [Know your Custon:ler : KYC (~/09 refers) The AC reviewed its previous decision in respect of KYC policy. It was agreed that current procedures are no longer sufficient and that verification of identity and residence should be requested from each applicant. It was agreed that a request for appropriate, original documents should be made in the Offer of Appointment letter. The Applicant is to provide the original documents to the Secretary who will copy them for the file. Secretary to amend letters: Offer of Appointment SM 131/12 [M arketi~ Sba~ I This matter is to be deferred. 132/12 ~te ~ ications Secretary to carry forward to next agenda SM The AC considered the matter of applications being submitted after the closing date. It was agreed that the current policy should remain in place. 133/12 lem~tribunal: The AC considered the applications for the posts of Chair and Deputy Chair. It was agreed that interviews would not be required and the appointments were agreed based on the applications forms and supporting documents submitted by the applicants. It was further agreed that two late applications received after the closing date would not be considered. Secretary to process the appointments as agreed SM 134/12 IAny other business Request to AC to appoint to an external body: lo JO queried whether the AC had the appetite to assist the IOM Law Society in recruiting members of a non-tribunal body which might be created to handle complaint references. The consensus was that such assistance might be possible, provided legislative authority and indemnity were available for such activity. JO to pursue further. Appointments Commission. Page 4 of 5

5 lpate of next meetil!9~ The next scheduled meeting will be held on: Tuesday 30 October 2012 in the Registries Meeting Room, Registries Building. Oat es for 2012/13: Wednesday 21 November 2012 Wednesday 19 June 2013 Wednesday 12 December 2012 Thursday 18 July 2013 Thursday 17 January 2013 Wednesday 14 Auqust 2013 Wednesday 13 February 2013 Thursday 19 September 2013 Wednesday 13 March 2012 Wednesday 23 October 2013 Wednesday 17 April 2013 Wednesday 13 November 2013 Tuesday 14 May 2012 Wednesday 11 December 2013 All meetings will start at 10:00 unless otherwise agreed. Should members wish to submit new items for inclusion on the next agenda, please notify the Secretary 10 days in advance of the meeting. HB left the meeting at 13:30 There being no further business, the meeting closed at 15:00 '2.1 Date !... :2& < ) Appointments Commission. Page 5 of 5