Strengthening Civil Service Accountability and Performance 1. 2. 2.1 3. 4. 5. 6. Internal Audit ................................................................................................................................ 2 Accountability in the Civil Service. .............................................................................................. 2 Background to the current problems on Accountability ....................................................... 3 Comparison of organisation and individual performance drivers................................................. 5 Accountability Proposals - A ........................................................................................................ 8 Accountability proposals - B ...................................................................................................... 11 Conclusion .................................................................................................................................. 14 This document is the response from the Heads of Internal Audit to the proposals outlined in the Accountability document. In reviewing the document we have considered accountability in the private and public sector and provided some practical suggestions accepting that there are limitations given the current economic circumstances. The proposals are commented upon in tabular form. An excellent document was produced by the Institute for Public Policy Research (IPPR) in the UK “ Accountability and Responsiveness in the Senior Civil Service” and it summarises actions taken to address the key issues in other countries. 1 1. Internal Audit Strong Governance is one of the corner stones of an effective organisation. A key element of this is having an effective Internal Audit function in place with an equally effective and independent Audit Committee. The Mullarkey Report sought that all departments put such processes in place and they have essentially been in place since 2004. The focus initially has been on internal financial controls but in more recent times, Risk Management and Governance is also being considered by Internal Audit Units. Internal Audit Units through their work hold the organisation and managers to account. They seek that good management practises and strong financial controls are embedded in Departments. They call to account managers where processes and procedures are considered weak and seek that they address they issues. Essentially Internal Audit is a key accountability function in all departments, one that can provide constructive challenge and improve delivery. Internal Audit delivers a very practical and useful service and the Heads of Internal Audit across government departments are keen to ensure that their role in ensuring open and effective accountability is noted and strengthened going forward. 2. Accountability in the Civil Service. As the Accountability paper indicates there are varied definitions of accountability that can be applied to the Civil Service. These can include accounting, ethical, political, personal/organizational, democratic and developmental accountabilities. Accountability applies to everybody, be they Ministers, Civil Servants or indeed Citizens of the State. Regrettably in recent times there have been failures of accountability in both the Private and Public Sectors but also in the world of Irish politics. Professor Niamh Brennan puts it quite well when she says that most of the risks that organizations or indeed countries face are managed by a small number of very senior people. This applies to both the private and public service. This clearly indicates you need to address the problems with the few as opposed to looking at the issues with the many. The problems have occurred because certain actions were taken but also because other preventative/policy decisions were not. “It is not only what we do, but also what we do not do, for which we are accountable." Moliere. Some of the inaction by senior Civil Servants was as a result of their roles being too politicised, relationships too close and lack of a culture of constructive challenge. There was and still is an implicit view that senior Civil Servants should not question Government policy even if this is done behind closed doors. The ability to question such polices should be open to Secretary Generals and indeed Assistant Secretaries/CEO’s. 2 2.1 Background to the current problems on Accountability a. Private Sector The banking crisis has demonstrated a clear lack of governance and accountability in certain parts of the private sector. These supposed pillars of the commercial world demonstrated poor governance and leadership capability in managing their organizations. They were certainly not exemplary models of “accountability” even if in theory they had strong practices in place. Companies in the private sector (especially publically quoted companies) can have a short view of the business driven by a need to meet shareholder expectations for dividend and share price growth. This differs greatly from Japanese and German companies that seek to build long term high quality organizations to meet the current and future needs. Ie building capability is equally important as building profitability. There has been a focus on short term profiteering by Boards and Senior Executives and in some cases this has been contributed to by ineffective governance practices and their application (Irish Nationwide, AIB, Quinn group, Bloxham brokers etc). Civil Service organizations are long term structures and survive for hundreds of years unlike many of the organizations in the private sector. The ability to manage and sustain large organizations over such time frames is made more difficult where the inherent drivers of accountability (profit in the private sector) are absent. The key strength that private companies have is the use of boards and these are a key foundation of good governance and accountability. They do not guarantee an effective organisation, they do (where effective) hold people to account. b. Civil Service Although there have been many reforms over the years, there is certainly scope to improve accountability further in the Civil Service. Examples of failure would certainly point to banking regulation, the housing market and some aspects of the health services etc. The questions that need to be answered are whether these failures arise because of (a) Poor accountability by senior civil servants (b) A political process that encourages short term local politics and some ineffective government practices (including weak committees). (c) Civil Service bureaucratic processes including policy development (d) Poor leadership/accountability by Ministers in their department leading to ineffective long term policies. (e) Silo management of cross department problems where no lead is taken to address the problem. (f) A focus on outputs as opposed to outcomes (g) Lack of capabilities at a senior level in the Civil Service There is always a danger that good practices that have stood the test of time will be abandoned ( throw out the baby with the bath water) and that we implement radical reform for no other reason than it satisfies the Media and Ministers appetite for short term reform (look at what I have delivered syndrome). Any reform must be balanced to ensure that Civil Servants remain apolitical and that changes bring about quality outcome for the citizens in the long term and also strengthen the capacity and capability of the Civil Service. There is little point in having short term success if it damages the long term outputs/outcomes and destroys the morale and future capability of the Civil Service. The private sector are vocal in suggesting how the Public Sector can be reformed, often they fail to see that they are the main contributors to virtual bankruptcy for the country. The failure for the Civil Service is that the structures were not sufficiently strong or robust to defend against poor policy direction by Government and indeed the commercial world. It should be about making sure that the Civil Service has capable, intelligent managers, that have sufficient confidence in their legal positions (tenure of office ) that they can constructively challenge without fear of being sidelined or promotion being hampered. Ministers often fail to appreciate that many of the 3 problems stem from their own short term political agendas and to some extent exaggerated election manifestoes Lord Gus O’Donnell (previous Cabinet Secretary in the UK) indicates that the current Government in the UK is pushing further Civil Service reform as they misguidedly believe that the Civil Service is trying to stimey the reform. “No one could argue that this Government has been prevented [by the civil service] from pursuing radical policies,” Lord O’Donnell said. “Just look at health, education and welfare. They are not short of radical policies. The issue is whether they are the right policies. Have they been formulated with good evidence and if, when they are implemented, will they improve peoples’ lives? “ c. Political process The nature of Irish politics means it is partisan, locally based and short term in nature. While politics may have 5 year windows and to some extent this drives a short term focus, it is essential that policy development takes a more medium to long term approach in line with the lives of citizens. Ie Health systems need to be capable of dealing with people across the age spectrum (0 years old to 80 years old +). The current political process suffers from being Partisan politics in the Dáil and in the Committees Senate has limited powers. Lack of effective process in the Committees (weak policy critique and changing of policies, debates guillotined). Poor strategic policy development. Ie Tax breaks for property in a buoyant market Silo management , Crime is a result of socio economic conditions and needs to be addressed by Justice , Education, Health, Social Protection etc Departments Not in my back yard politics, ie no pylons or incinerators here Lack of transparency in government programme objectives and deliverables. Political , ie reduce tax prior to an election, don’t deliver on election manifesto, 4 3. Comparison of organisation and individual performance drivers Private Company Public Company Civil Service (ie )Kerry group (ie )Dunne’s Stores Board & Committees in place to provide governance and oversight Usually no external Board, unless a very large group. Owner has final say. Yes, mixture of Executive and experienced non Executive Directors. Non executives give independence and may have specialist knowledge of the sector. Number of Committees made up of Board members with access to external advice Effective Audit Committee and Audit Unit to implement good practice Chair and Non Execs review operational performance of Exec’s annually so greater focus on their performance Business goals/targets External scrutiny Targets set by the Set by the senior Exec but Owner must be acceptable to the Board. Board can change these. Banks , Regulators, Media Publish annual report with details of financial and other progress. Subject to an annual general meeting and scrutiny by shareholders. (Controlled by institutional investors) . No external Board to provide oversight or direct the Sec Gen or Mac. Minister does direct the policy of the Department, (however insular and silo view of the Departments function) Audit Committees in most organisations, not as strong a focus as in private industry Little by way of independent scrutiny on normal business operations. This scrutiny is provided by the Secretary General & Mac on themselves. This would not be independent review Policy set by the Government programme and amended by the individual Minister. Amended by requirements set by the EU or by political expediency ie Insolvency legislation, Charitable Regulator legislation etc Minister is questioned in the Dáil on policy areas. These tend to be political issues and can be batted away by a Minister adept in his/her area. Estimates & different legislation reviewed by 5 Banks , Regulators, Media. Subject to Combined Code of governance and stock exchange rules. different Dáil Committees. Questionable effectiveness as little change to the budget or policies proposed. Appropriation Account reviewed by Public Accounts Committee – no major sanction Reporting/ Transparency May need to register accounts. Answer media questions Annual report + mid year results, tend to be financial. Key Driver of performance Owner of the business, usually involved in recruitment of key staff and all key business decisions Shareholders and Board Control CEO and other senior executive directors Focus on results CEO and Executives motivated to deliver results Board has control. Essentially institutional investors control the board Senior Executives control day to day operations. CEO and Executives motivated to deliver results by levels of pay and performance system. Owner directed but maybe devolved to a CEO, Owner always involved CEO and Execs usually selected by closed competition Strategies and targets determined by the Board. Strategy usually originates from senior Exec but Board can and do amend. Business strategy Bank Regulator media has considerable power to sway direction of policy Strategy Statement published Estimates and Appropriation Account published. Less rigorous than annual reporting by a Public Company Minister primarily. Policy focus can be lead by issues brought up by the PAC, Troika, and Media. Media can drive the agenda by topical issues. Ie patients on trolleys. MAC has operational control but little open and transparent scrutiny. Key focus on ensuring Minister is protected and Dáil Minster has control of overall function. In reality operational control by Secretary General and MAC Results driven by demands of the Minister/Government. Little by way of systematic review of delivery of strategic goals and business plans as these are not effectively transparent Strategy statements are the most part unclear. While it can be argued they guide direction the overall evidential policy to support the strategy is weak. 6 Changes Changes made quickly Changes made reasonably quickly , operationally by senior Exec, Implications other organisation Competitors & Customers mainly Shareholders , Competitors & Customers Stock exchange Regulator Accountability focus Stronger for all senior managers. Strong, however , institutional investors may control the organisation and in Europe less likely to sack CEO Failure to deliver Control of resources Removed, usually with good farewell package. Yes but directed centrally F Finance – Y CEO usually removed. Yes but directed centrally Finance – Y Staff – Y Staff – Y IT – Y IT – Y Changes can be made. The policy direction can be refocused by Government/ministerial direction. Delivery changes can be slow as they move through legislative and bureaucratic processes.(Dail , Senate etc) Implications for Departments Other departments EU Regulator Media Citizens Accountability is mainly at Ministerial level. There is some accountability below but it could be improved , ie MAC, level Accountability also to Committees, this tends to be politically motivated in some cases Limited sanction although this could be improved by publishing the names and business plans of all senior managers and the progress delivering against it. The danger is that the agenda is driven by media and political agendas which bear no relationship to actual performance. Limited control as DPER in reality controls this function. The corollary is also true , there is a certain equality brought about by DPER controlling these functions , ie everyone is told No 7 4. Accountability Proposals - A Proposed steps to encourage accountability Selecting the best candidate whether internal/external Heads of Internal Audit View We would support the recruitment of selecting the best candidate provided this is what the Civil Service gets. Certainly a mix of internal and external staff provides an influx of new ideas and can help change the status quo. Care needs to be taken as external candidates are much better at spinning a good story yet may not deliver a quality product. Some research on the outputs and outcomes from selecting the best candidate would provide evidence of the success of this process. Anecdotal evidence suggests that external candidates have unrealistic expectations of what they can deliver (given the constraints on resources) and become frustrated. In a number of recent cases they have left their roles and moved back to the private sector. There is also the question of why some candidates decide to move to the public service if they are so valuable in their current roles. One would have to question the ability of TLAC and PAS in effective recruitment, little or no exit interviews are carried out and at best their results are no more than average. In the French model there is a special training regime put in place to recruit, educate and promote staff with the necessary capabilities to deliver effective public services Open up the top reaches of Government to management talent from the private sector Fixed terms contracts In principle this is a good idea and it should be supported up to a point as it will encourage some culture change and reform. The monetary benefits to attract the “supposed go getters” of the private sector would need to be significantly higher. They don’t tend to be interested in the routine work of the Civil Service and many perceive it doesn’t look good on their CV. In the private sector organisation tend to have a mix of internally promoted candidates with some external recruitment. In many cases staff are promoted as opposed to being recruited. The success delivered by external recruitment is questionable and needs to be evidence based. Anecdotal evidence suggests that many jump from job to job without remaining in place to see the results of their work The French have built a core of high quality people to take over senior roles, perhaps this is an option to look at The notion of fixed term contracts originates from the private sector. Publically quoted companies have tended to appoint CEO’s etc for periods of time as opposed to indefinite duration. Recent evidence would caution against adopting this model. The banking model and indeed many publically quoted companies have been 8 led astray by their short term focus. It may work better in the private sector where they are given the resources to deliver on the targets and there is less cross functional shared responsibility. The other edge of this sword is that policy making is not short term and should not be political; contracts focusing on the short term will lead to short term solutions that do not ultimately fix long term problems. Unifies career Agreed structure Top level Civil Service Creating another layer (senior Civil Service) may seem like a good to oversee performance idea but there is little evidence that it has worked in the UK. It gives a central focus to the Civil Service but giving the power to manage the Secretaries General may well place too much power in a single person and to some extent fails to address the problem of performance across the entire Civil Service. Creation of corporate centre role in relation to leadership , organisation and assessment of individual performance of senior management A better solution is to have an Government Oversight Board put in place (Fiscal Council + chair of the PAC, + Chair of the individual Dáil Committee + 2 retired private sector CEO) to agree on the strategy, business plan, smart goals , policies and monitor these. 70% : 30% public private mix. Consider the Public Sector Board suggested by the Taoiseach in 2010. Must be non political This in theory sounds good, a senior civil servant to oversee the development of the civil service may give direction but it is questionable based on current practices if there is a Department that is capable of delivering on this. The focus at the moment and for the foreseeable future is budget management and this is the key driver for performance (sadly). This is really not a good idea, another layer with little to show for it. A Corporate Board is a more effective solution Statutory set of public service values No evidence that the centre has sought to build capabilities into the broader Civil Service. Strategic Management theories provide evidence that strong and performing organisations have a great focus on building organisations with capable leaders that have vision, technical and man management skills, motivation and experience. Why would one expect that to change? There is little evidence that it has been a resounding success in the UK, Australia etc. These countries still have civil service accountability reform agendas Politics will still get in the way for the most senior civil servant as they are always mindful of their political masters goals(even if they say they are not) Agreed. The public values and codes are very important. One of the perennial problems is that such codes are verbose and tend to be written in long documents. A more user friendly medium would encourage this to be read as opposed to being filed away (unread). A living and breathing set of values as opposed to paper rhetoric There is a danger of different signals being sent by values espoused in the code of conduct and proposal to implement short 9 term contracts. Care needs to be taken as short term contracts (decided upon by the Government) can lead to a short term approach. Policy advice can be brought in to assist the Minister This seems like a good idea. Ministers need policy advisers (perhaps from academia) who can provide evidence based research on policy. These could co ordinate with the policy developers in the core departments. The danger always exists that academic research may not always be practical nor politically acceptable. Equally the advisers may go native and end up duplicating on policy development. 10 5. Accountability proposals - B Proposal Greater definition of the relationship between Civil Servants and Ministers Comment This is a good idea, although one must be aware that the Minister has the power to direct action by a Civil Servant and what Civil Servant will say No. or indeed can say No Sharper clarity and differentiation between the roles of the Minister and Civil Servants In principle this seems like a good idea. We see problems in separating the political and short term nature of politicians from those of the Civil Servants Stronger lines of internal /managerial accountability It is important that the progress or lack thereof is fairly administered, is transparent and is reasonable. It must all be published The clear allocation of roles and responsibilities would assist in ensuring greater responsibility. This has been done to some degree for CEO’s ie Equality Authority etc. A similar allocation of roles and responsibilities would assist in greater accountability Audit View Yes, proceed but be practical about how this is done. Other countries have had problems doing this. Assist as follows Clarity of Accountability Y Sufficiency of control Y Clarity of consequences N Sufficiency of information N This only needs to be done for the senior civil servants, Secretary General, Assistant Secretary/CEO. Publish information about role and responsibility and delivery of key players on website Assist as follows Clarity of Accountability Y Sufficiency of control Y Clarity of consequences N Sufficiency of information N Yes this would be positive if it is practical. Secretary General, Assistant Secretary/CEO grades should have their business plans and their roles and responsibilities published annually. The constraints and reasons for not succeeding should also be presented. Should be called to attend PAC etc 5 year contract will encourage short terms approach. Secretary General should have a 10 year contract but be capable of being removed by the Government Oversight Board. Assist as follows Clarity of Accountability Y Sufficiency of control Y Clarity of consequences N Sufficiency of information N 11 Greater focus on governance arrangements Safeguard Public interest This is one of the failures in the private sector in recent years. It is debatable that effective governance can be put in place unless there is a strict set of codes, they are enforced, compliance is audited and information published on DPER website. Publishing information is one of the best ways to ensure transparency and encourage both compliance and reform Government Oversight Board On a Civil Service basis there should be a global board to review departmental strategies, business plans and senior Civil service performance. This should include a combination of public and private representatives. The ability to do this could be brought about by publishing information about income and expenditure in each entity and how it benchmarks against other similar bodies in Ireland or the UK. Publish more information to demonstrate if a body is spending money efficiently and delivering Putting formal structures in place to promote co joined working between Departments Align recruitment /promotion practices In general it is good to get a mix of talent, be it internal or external. The recommendation also presupposes that Civil Servants lack the skills to deliver some of the functions. This is not necessarily true and there is lack of evidence to indicate that the external Assist as follows Clarity of Accountability Y Sufficiency of control Y Clarity of consequences N Sufficiency of information N Appoint Citizens Ombudsman. Appoint a Public Body Review Group. The function of this body is to independently review Departments and direct improvements to be made. This would be a good idea but shared responsibility is questionable. Budgets get fought over, staff resources are held tightly. Secretary Generals will be required by Ministers to focus on core business and peripheral objectives will be sidelined. It may be better to have an A.Sec appointed with co responsibility. The Government Oversight Board The ability to select the Secretary General should be non political. The Governance Oversight Board should be able to move Secretary Generals around and remove them if they are not delivering on (achievable targets). Some Secretary Generals should be appointed from outside the country for a period of time (ie UK, Australia, Canada etc) if real 12 Enable formal political input into the development of the job specification of senior level officials and their performance assessment candidates are significantly better meaning is to be given to the reform. Job specification should be developed by TLAC , however the Government Oversight Board should be able to recommend changes but these should not be mandatory Short term contracts focus on short terms results and the longer term outcomes get shelved. Get good people, agree smart objectives, evidence based policy and reward them for delivery. Pay for real effective outcomes and results. You need experienced old heads as well, they tend to remember the last crisis. The problem currently is that there is a big gap between what a Secretary General does or indeed an Assistant Secretary and a person from the private sector. Therefore TLAC either put in place a fast track course to up skill external appointments to senior roles or they simply will never get any new external people into positions at a senior level. It could be useful if Civil servants went to work for periods in the private sector or there was a mentoring system (course ) to get Assistant Secretaries up to a high level suitable for Secretary General Have a training course for PO’ to get to ASEC. There is certainly no reason that the Government could not make their views known about the job specifications but this should not be mandatory. Equally ministers should have some say in the performance appraisal of Secretary General but a better solution is a government Oversight board. The case for a more senior sec gen appraising other Sec Gens is not practical A good idea Legislate to change the restrictions on the evidence of civil servants to Oireachtas committees Reaffirm and reinforce the Values of the Civil Need to protect Civil Servants somehow from the media and politically driven agendas It is difficult to have a more private sector model A good idea but measuring short term goals and performance, 13 Service yet to retain the values and ethics of the Civil Service Regardless of legislating Codes of standards etc it is essentially driven by the tone at the top. If you espouse and encourage private sector models, it is difficult to maintain the ethos and values. putting in place 5 year contracts does not encourage a long term quality focus. It is all about short term delivery often with poor quality results. Build structures to underpin effective horizontal governance In such a case it is important that there is a working group with an Assistant Secretary that has a clear joint delivery focus. There however should be one lead department Robust governance framework. Agreed. It is essential that there is greater accountability For departments managing of agencies/ For internal processes 6. Conclusion We support greater levels of accountability across the civil service and we are supportive of some of the proposed changes. Internal Audit Units and Committees have been demanding greater accountability within the Civil Service for a number of years and are keen play a constructive part in promoting greater levels of accountability. It is important that the internal capabilities (skills, experience, competencies education, training etc) are developed across the Civil Service to ensure that the leadership and management of the civil service is strong and effective. This has not been at the forefront to date. Civil Servants have a strong culture of impartiality, are ethical, have a sense of fair play and consider the good of all citizens. It is a really important that such characteristics are not lost or lowered in any way by the “quick fix”. The private sector model has demonstrated that it is no bastion of virtue, it has not applied good management practices or governance in recent times and to be honest it has to be closely regulated to ensure it behaves. The private sector always believe they could do it better, however running a country was and still is a totally different function. We do not support any actions that lead to a short term focus and short term contracts can lead to this. We do believe that building strong governance processes, policy development that focuses on outcomes with strong independent scrutiny can lead to more effective service delivery and overall it would improve accountability. Internal Audit and Audit Committees have been delivering accountability across the Civil Service for years; this can certainly be made more effective. The audit function must be placed in a position where they can verify that there is effective governance and management practice in place and have secure tenure to do. This requires that they have the appropriate status, skills, resources and support from Government to do this. 14
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