Civil service Commissioners a n n u a l r e p o rt 2 0 0 4 - 2 0 0 5 Supporting an effective and impartial Civil Service for 150 years 1 18551856185718581859186018611 8621863186418651866186718681 86918701871187218731874187518 76187718781879188018811882188 3188418851886188718881889189 01891189218931894189518961897 18981899190019011902190319041 905190619071908190919101911191 2191319141915191619171918191919 20192119221923192419251926192 71928192919301931193219331934 19351936193719381939194019411 9421943194419451946194719481 94919501951195219531954195519 56195719581959196019611962196 Civil Service Commissioners 31964196519661967196819691970 Supporting an effective and 197119721973197419751976197719 impartial Civil Service for 150 years 78197919801981198219831984198 51986198719881989199019911992 1993199419951996199719981999 200020012002200320042005 REPORT OF THE CIVIL SERVICE COMMISSIONERS TO HER MAJESTY THE QUEEN FOR THE PERIOD 1 APRIL 2004 TO 31 MARCH 2005 150 Years 1855-2005 Contents Foreword 2 What we do 6 Who we are 8 The year in brief 14 Aims and progress 18 The Government’s draft 28 Civil Service Bill Evidence to Public 32 Administration Select Committee Civil Service Commissioners’ 34 150th anniversary Links with other governments 40 Appendix A 42 Civil Service Commissioners’ responsibilities and costs Appendix B 43 Approval of appointments through open competition to the Senior Civil Service Appendix C 47 Interpretation of selection on merit and fair and open competition Appendix D 49 Our role in senior competitions Appendix E 50 Exceptions to selection on merit on the basis of fair and open competition Appendix F 51 Freedom of Information Act Appendix G 52 Documents Annual Report 2004-2005 1 Foreword Rosemary Oduntan-Oke Executive Officer Human Resources Food Standards Agency 2 Civil Service Commissioners 150 Years 1855-2005 Foreword The First Civil Service Commissioner The year 2005 marks the 150th anniversary of the Civil Service Commissioners. They were first appointed in 1855 following recommendations in the Northcote-Trevelyan Report of 1854. This was a watershed in the history of government in this country and marked the beginning of the modern Civil Service, with its commitment to appointment on merit and a culture of loyal but impartial service to the government of the day. We commemorate these 150 years in this report with a timeline showing how the Commissioners’ work has developed. We have also commissioned a publication, Changing Times, in which distinguished public figures give their perspective on the Civil Service in the 21st century and its enduring values. This publication, which is designed to encourage and contribute to a public debate about the service, will be launched at our 150th anniversary celebration on 29 June. What made the Northcote-Trevelyan proposals a turning point was that they led to a service in which integrity, honesty, impartiality, objectivity and appointment on merit became enduring values. This was a decisive legacy. One hundred and fifty years later, the Prime Minister, Tony Blair, in a speech to civil servants on 24 February 2004 at an event entitled Civil Service reform – delivery and values, said: Northcote and Trevelyan saw themselves responding to what they described as ‘the great and increasing accumulation of public business, and the consequent pressure on the government’. Since their time the pressure has multiplied many times over. No government owns the Civil Service. It belongs to the public that it serves. For the British people, a Civil Service that can deliver, adapt and innovate is a hugely valuable asset. Our duty, and the duty of any government, is to leave it in better shape than we found it and, as far as possible, prepared to meet whatever challenges the future may bring. I am confident that, through the reforms proposed today and those that will follow, we can ensure that happens. Over the years the Civil Service has evolved and it continues to do so to meet changing demands. But at a time of enormous change, when there is a pressure on the service radically to transform itself, the core values can be perceived by some as a hindrance to speedy reform and there is a temptation to circumvent processes which are designed to maintain these values and are in the interest of the government of the day and of good governance. This perception is unfortunate, given the importance of these values for proper conduct. It is therefore crucial that everyone grasps the challenge of reforming the Civil Service and sustaining the values. A fast-changing environment inevitably throws up new challenges for the elected Government and the Civil Service, and the Government will, from time to time, wish to make changes to the rules of governance. It is, however, important that we create an environment and machinery of government in which these issues are considered holistically and against first principles – merit, impartiality, transparency and accountability – rather than in ad hoc fashion. The Committee on Standards in Public Life made a substantial contribution to this debate in its Ninth Report, Defining the Boundaries within the Executive: Ministers, Special Advisers and the permanent Civil Service (Cm 5775, April 2003). Its recommendations were based on these first principles and still provide a very useful benchmark for discussion. A fast-changing environment inevitably throws up new challenges for the elected Government and the Civil Service, and the Government will, from time to time, wish to make changes to the rules of governance. It is, however, important that we create an environment and machinery of government in which these issues are considered holistically and against first principles – merit, impartiality, transparency and accountability – rather than in ad hoc fashion. Annual Report 2004-2005 3 Foreword The Civil Service is a national asset and needs to remain fit for purpose. It is, therefore, everyone’s responsibility to ensure that it is valued and reformed in the public interest and that its values are preserved. Every Minister, every Permanent Secretary, every single civil servant has that duty and responsibility, as has Parliament. It is not just the responsibility of the Civil Service Commissioners, although we have our part to play. We have worked with the Civil Service to ensure that the objectives of the reform agenda are achieved without compromising the values. We have done this by: • encouraging innovation and rigour in recruitment and selection; • encouraging professionalism in recruitment by departments; • supporting the use of the most reliable, validated techniques for recruiting and selecting staff at all levels; • commissioning an evidence-based review of assessment techniques and working with departments to apply these in practice; • introducing a new system of audit compliance monitoring; • developing a series of measures to help ensure the effective promotion of the Civil Service Code; • maintaining a regular dialogue with departments; • raising awareness of our work; • contributing to public debate; • giving evidence to relevant Select Committees; • actively promoting the need for a Civil Service Act; • ensuring that the way we operate as a regulator encourages the adoption of good practice. 4 Civil Service Commissioners There is still a great deal to do. We should continue to challenge the myth that the enduring Civil Service values stand in the way of the reform of the service. At the same time, while we understand the pressure on civil servants to develop a ‘can do’ mentality, this should not be interpreted as a lessening of the requirement on them to offer objective and impartial advice. And, with an increase in external recruitment into the service at senior levels, there is a greater need than ever to promote the Civil Service Code and the Code of Conduct for Special Advisers. Furthermore, there is a need for the values to be entrenched in legislation and for Parliament to be given an oversight by introducing a Civil Service Bill. The Government’s commitment to legislation appears to be lukewarm, but legislation along with active promotion of the Civil Service Code and the Special Advisers’ code are essential if we are to keep the values alive and breathe new life into them. This should not be done begrudgingly but with commitment and enthusiasm as all political parties are committed to maintaining an impartial Civil Service. This is my last report as First Civil Service Commissioner. It has been my privilege to be able to play a part over the past five years in helping to maintain these values. I take this opportunity to thank the Commissioners who have served with me for their wise advice as well as their hard work in carrying out the duties of Commissioners. What they have brought to the role has, I believe, done much to develop the focus of our work as Commissioners in line with the needs created by the major changes that have been taking place in government. They have wide experience from many backgrounds and have contributed insights from the world outside the Civil Service. At the same time, they have been 150 Years 1855-2005 fully committed to the public service and to the values of the Civil Service. Effective relationships have been established with Permanent Secretaries and other senior figures. There has been a keenness to innovate in the selection process to help to improve the results. They have done much to raise the profile of what the Commissioners stand for at a time when there has, I believe, been a risk of losing sight of the service’s enduring values. And throughout they have worked together to great effect as a team. I wish to thank in particular James Boyle and Geraldine Peacock, who concluded their time as Commissioners during 2004-2005, and Geoffrey Maddrell, who will do so later in 2005. I am delighted to welcome seven new Commissioners who joined us in March. Finally, I would like to record my appreciation of the working relationships I have had with Sir Andrew Turnbull, the Cabinet Secretary and Head of the Home Civil Service, his predecessor, Lord Wilson of Dinton, and Permanent Secretaries, Human Resource Directors and other staff in departments, as well as my deep gratitude to the staff of the Office of the Civil Service Commissioners for their loyal, committed and expert support. I would also like to thank those outside the Civil Service who have served on selection panels for their willing and valued contribution to the senior appointments process. There is still a great deal to do. We should continue to challenge the myth that the enduring Civil Service values stand in the way of the reform of the service. Baroness Prashar CBE First Civil Service Commissioner June 2005 Annual Report 2004-2005 5 What we do Christopher MacDougall Meteorological Observer Met Office 6 Civil Service Commissioners 150 Years 1855-2005 What we do The Commissioners oversee Civil Service appointments and standards. We contribute to the development of an effective and impartial Civil Service and support its core values by giving an assurance that appointments into it are made on merit on the basis of fair and open competition and by advising on the promotion of the Civil Service Code and hearing appeals under it. The core values are integrity, honesty, impartiality, objectivity and selection on merit. Everything the Commissioners do is directed at upholding them. We are, above all, members of the general public. We are recruited on merit after open advertisement. From our different careers and interests, we bring experience of the public, private and voluntary sectors. This, we believe, gives us insights into how the Civil Service can best serve the public and earn their confidence. We operate alongside departments, the Cabinet Office and Ministers. But we are independent of them. We are appointed by Order in Council under the Royal Prerogative. The First Commissioner works for four days a week and the other Commissioners for two to eight days a month. We approve appointments at the most senior levels. Departments must follow our Recruitment Code at all levels. We contribute to the development of an effective and impartial Civil Service and support its core values by giving an assurance that appointments into it are made on merit on the basis of fair and open competition and by advising on the promotion of the Civil Service Code and hearing appeals under it. We encourage the use of appropriate and innovative selection methods. Our collective knowledge of good practice outside the Civil Service is of particular value here. Since 1996, we have also had an important role in helping to uphold the service’s standards of conduct and propriety. Under the Civil Service Code, a civil servant who believes he or she is being required to act improperly should report the matter within the department. But civil servants who believe the response is not reasonable may report the matter to us. In 2003 we were given further responsibilities to work with departments to promote the understanding of the Code by civil servants and to ensure its effective operation. At all times, we try to be practical and approachable. We know that fine words are meaningless without the constant hard work, discussion and common sense that make them a reality. See Appendix A: Civil Service Commissioners’ responsibilities and costs. Annual Report 2004-2005 7 Who we are Who we are Baroness Prashar CBE Peter Bounds Sir David Bell Usha Prashar has been the First Civil Service Commissioner since August 2000. Peter Bounds was Chief Executive of Liverpool City Council from 1991-1999. He has wide experience of public-service and community leadership. David Bell, Chairman of the Financial Times Group, has been a Director of Pearson since 1996. He was previously Chief Executive of The Financial Times. In 1998 he was appointed Pearson’s Director for People. She is also Chancellor of De Montfort University, Chairman of the Royal Commonwealth Society, a Governor of the Ditchley Foundation and a non-executive director of ITV. She was previously Chairman of the Parole Board for England and Wales, Chairman of the National Literacy Trust, Director of the National Council for Voluntary Organisations and Director of the Runnymede Trust. Usha Prashar became a life peer in 1999. 8 Civil Service Commissioners He holds leading positions in church and arts organisations and in regeneration partnerships. He is a consultant on governance and conduct issues in local government and a Patron of the Centre for Tomorrow’s Company, a think tank and catalyst for a new agenda for business. He is a non-executive Director of Vitec Group and the Windmill Partnership; Chairman of the Millennium Bridge Trust, Common Purpose Europe, Crisis and the International Youth Foundation; a Patron of the Ambache Chamber Orchestra; and a member of the Development Board of the National Theatre. 150 Years 1855-2005 Baroness Prashar CBE Peter Bounds Sir David Bell Baroness Fritchie DBE Professor Edward Gallagher CBE Baroness Fritchie DBE Rennie Fritchie has been the Commissioner for Public Appointments since 1999, regulating ministerial appointments to some 12,000 public bodies. She is also Pro-Chancellor of the University of Southampton and Vice Chair of the Stroud and Swindon Building Society. Rennie Fritchie was previously Chair of the South and West Regional Health Authority and the Home Secretary's representative on the selection panel for independent members of the Gloucestershire Police Authority. She has also worked as an independent consultant in the training and development field. Rennie Fritchie became a life peer in 2005. Professor Edward Gallagher CBE Edward Gallagher was Chief Executive of the National Rivers Authority and later of the Environment Agency. He previously held director-level positions in industry in the UK and the USA and is currently Chairman of Enviro-Fresh. He is also Vice President of the Council for Environmental Education, a Council Member of English Nature, Chairman of the Pesticides Forum, Chairman of energywatch and a nonexecutive director of ECUS. Annual Report 2004-2005 9 Who we are Hamish Hamill CB Bronwen Curtis Alastair Macdonald CB Geoffrey Maddrell Hamish Hamill was a career civil servant who headed a number of Scottish departments before devolution and was the first Head of the Scottish Executive’s Justice Department. Bronwen Curtis is Chairman of the Northampton Hospital NHS Trust and the Home Secretary’s representative on the Police Authority Selection Panel. She was previously Vice President of Human Resources for Avon Cosmetics. Alastair Macdonald spent several years in journalism, on The Spectator and The Financial Times, before becoming a career civil servant. He worked for the Ministry of Defence and for the Department of Trade and Industry where he became Director General for Industry. Geoffrey Maddrell is Chairman of UNITE, a specialist in student and key-worker accommodation services; Westbury, a national housebuilding company; LDV, the specialist light commercial vehicle manufacturer; BuildStore, a service provider to the selfbuild market; and the Ivory and Sims ISIS Trust. He was formerly Chairman of the whisky company, Glenmorangie, and Chief Executive of the Tootal Group. Geoffrey Maddrell set up ProShare, a charity which supports private individuals and employees in equity markets. He is Chairman of Airborne Forces Charities, UNIAID and iART. He has wide experience of appointments to senior positions in Government, nondepartmental public bodies, the National Health Service and the judiciary. He is Chairman of the Fire Service Research and Training Trust and a Member of the Scottish Records Advisory Council. 10 Bronwen Curtis has held board positions in strategic planning, business development, manufacturing and human resources. She has been a nonexecutive Director and Chair of Two Shires Ambulance NHS Trust and a member of the National Manufacturing Council. Civil Service Commissioners Alastair Macdonald was President of the British Computer Society in 2000-2001. He is a non-executive Director of Parity Group (an IT services provider) and a member of the Design Council and of charitable trusts including the Chatham Historic Dockyard Trust. 150 Years 1855-2005 Hamish Hamill CB Bronwen Curtis Alastair Macdonald CB Geoffrey Maddrell Maggie Semple OBE Gerard Lemos CMG Maggie Semple OBE Gerard Lemos CMG Maggie Semple is Chief Executive of The Experience Corps, a company involved in regenerating communities through volunteering. She was previously Director of the Learning Experience for the New Millennium Experience Company, Director of Education and Training at the Arts Council of England, a schools inspector and a deputy head teacher. She is a board member of a number of arts and educational organizations, including the National Youth Music Theatre, Brit School, Rambert Dance Company and Sadler’s Wells Theatre, and has served on education-related government task forces. Gerard Lemos, a partner at social researchers Lemos&Crane, leads researchers investigating social policy issues including race equality and the needs of vulnerable people. He is the author of many reports and books on social policy. Gerard Lemos is also Deputy Chair of the British Council, an Audit Commissioner, a member of the British Council’s Board of Trustees, Deputy Chairman of the Banking Code Standards Board, a regulator of the retail banking industry and Chair of the Akram Khan Dance Company. Annual Report 2004-2005 11 Who we are Commissioners appointed on 22 March 2005 Christopher Stephens Elizabeth McMeikan Dame Alexandra Burslem Richard Ayre Christopher Stephens is a nonexecutive director of WSP, a global engineering consultancy. Elizabeth McMeikan is a nonexecutive director of J D Wetherspoon and a Steering Board Member of The Insolvency Service at the DTI. Alexandra Burslem has been Vice-Chancellor of Manchester Metropolitan University since 1997. She was formerly Dean of the Faculty of Community Studies, Law and Education and Deputy Vice-Chancellor. Richard Ayre was a BBC journalist for 30 years. He was the corporation’s Controller of Editorial Policy and Deputy Chief Executive of BBC News. He is now a management consultant and commentator on media ethics and campaigns for open government and freedom of expression. Until 2004, he was Group Human Resources Director of Exel, the international logistics company. He is now Chairman of the Exel Foundation, which supports the education and development of disadvantaged young people around the world. He has lived and worked extensively abroad. He is a trustee of the Foundation for Church Leadership. 12 Her earlier career, spanning manufacturing and retailing, started at Colgate-Palmolive before a move to Tesco in 1989. She has held a number of director-level positions in buying, marketing, human resources and change management. She led the creation of Tesco Express and gained international experience running Catteau in northern France. Civil Service Commissioners Other academic appointments include Deputy Chair of the Learning and Skills Council, Chair of UKCOSA, Chair of the Universities UK Standards and Quality Group, Member of the HEFCE Quality Assurance Learning and Teaching Committee, Chair of the QAA Quality Assurance Framework Review and Member of the Lifelong Learning Sector Skills Council Shadow Board. He is Freedom of Information Adjudicator for the Law Society and has been a founder Board member of the Food Standards Agency since its inception in 2000. 150 Years 1855-2005 Christopher Stephens Elizabeth McMeikan Dame Alexandra Burslem Richard Ayre Stella Pantelides John MacAuslan Mary Jo Jacobi Stella Pantelides John MacAuslan Mary Jo Jacobi Stella Pantelides is a Director of Lysis Consulting Services, a firm specialising in organisational consultation and executive coaching. John MacAuslan has been Director of Administration at the National Gallery since 1994. Mary Jo Jacobi is Vice President Group External Affairs for the Royal Dutch/Shell Group. She has been a senior adviser to two US Presidents and an executive of several major corporations including HSBC Holdings and Lehman Brothers. She has over 20 years’ experience in human resources management and consulting, including senior in-house roles at ABN AMRO, Barclays, Bank of America and PWC. Until 2004, she was Linklaters’ Global HR Director and an executive member of the firm’s European Committee. He previously worked in HM Treasury in a wide range of roles, including the planning of public expenditure, labour market issues, human resources and corporate development. He has also worked in product development for a highperformance materials company and as trustee for various charities. She is a member of the Wilton Park Academic Council, the UK-US Fulbright Commission, the Executive Committee of the Industry and Parliament Trust, the Marketing Society, the International Women’s Forum and the advisory boards of the Association of MBAs and the Saïd Business School, Oxford. She is a Visiting Fellow of the University of Leeds. Our website explains our role and presents key documents: www.civilservicecommissioners. gov.uk/. We are supported by a small team: the Office of the Civil Service Commissioners (OCSC). OCSC 35 Great Smith Street London SW1P 3BQ Telephone: (020) 7276 2617 e-mail: ocsc@civilservice commissioners.gov.uk Annual Report 2004-2005 13 The year in brief Gaynor Wong and Leo Detector Dog Handler HM Revenue & Customs 14 Civil Service Commissioners 150 Years 1855-2005 The year in brief Developing our role Transfers from other public bodies We developed the ways we carry out our role in a number of new directions. As we recorded in last year’s report, we have agreed to greater flexibilities under our principles in allowing the experience and skills of staff in organisations with close links to the Civil Service to be brought into it. We see several of these as important in further implementing Civil Service reform. Recruitment techniques In support of our aim of working with departments to appoint the best available people at the most senior levels, we commissioned an evidence-based review of the most reliable, validated techniques for recruiting and selecting staff at senior levels. We are discussing with departments on a case-by-case basis how the findings can be applied in practice. Audit We have introduced a new system of recruitment audits – to be known as Recruitment Compliance Monitoring – following a review in 2003-2004 of our approach to audit and the re-tendering of the audit contract. The previous audit procedure involved periodic scrutiny of the recruitment systems of each department and agency. The new framework will require each organisation to declare annually the extent of its compliance with our Recruitment Code. Over the following year, a number of checks will be carried out to validate these declarations. We believe that placing greater emphasis on self-audit and on departments’ responsibilities for compliance with our principles will improve the effectiveness of our scrutiny, encourage flexibility in approaches to recruitment consistent with our principles and help to provide examples of good practice which can be shared with others. The Cabinet Office has been discussing with departments an overall framework for transfers. In the meantime, we have agreed with a number of departments arrangements allowing transfers on a case-by-case basis. Civil Service Code As part of our role in upholding the core Civil Service values, we have been developing our enhanced role in ensuring the effective operation of the Civil Service Code. This includes: • working with departments to promote the code; • reporting on matters formally raised under the code; • liaising with nominated officers in departments who can be approached for impartial advice by staff with concerns relating to the code. As part of our role in upholding the core Civil Service values, we have been developing our enhanced role in ensuring the effective operation of the Civil Service Code. Annual Report 2004-2005 15 The year in brief Core values and our role We continued to comment in public discussion on the core Civil Service values and the implications for our role. We participated in the Government’s consultation on a draft Civil Service Bill, in which our role featured prominently. We also gave evidence to the House of Commons Public Administration Select Committee in response to its inquiry into Civil Service effectiveness. As part of the marking of our 150th anniversary, we have sponsored a publication, Changing Times, consisting of contributions by distinguished commentators and public figures giving perspectives on the Civil Service in the 21st century and its enduring values. We shall launch the publication in June with a panel discussion featuring some of the contributors. 16 Civil Service Commissioners As part of the marking of our 150th anniversary, we have sponsored a publication, Changing Times, consisting of contributions by distinguished commentators and public figures giving perspectives on the Civil Service in the 21st century and its enduring values. We shall launch the publication in June with a panel discussion featuring some of the contributors. 150 Years 1855-2005 Carrying out our responsibilities To fulfil our legal obligations, we: • approved 91 appointments at the most senior levels of the Civil Service following fair and open competition; • approved 29 appointments as exceptions to fair and open competition; • carried out eight audits of departments’ recruitment to ensure compliance with our Recruitment Code based on the previous audit arrangements and another five while piloting the new compliance monitoring approach. To further the effective understanding of the principles the Commissioners uphold, we: • held 14 seminars in departments about the role of the Civil Service Commissioners; • contributed to four seminars organised by Westminster Explained; • contributed to meetings of the Civil Service Recruitment Network co-ordinated by the Cabinet Office; • discussed with departments a wide range of issues and queries relating to the implications of our recruitment principles in particular circumstances and the effective application of them in a changing Civil Service; • worked with the Treasury Solicitor’s Department on establishing guidelines on the legal implications of the principles and where some amendment of the Recruitment Code might be appropriate; • held open meetings in Edinburgh, Cardiff and London in July in conjunction with the publication of our 2003-2004 annual report. Freedom of Information Act An important development for the Civil Service and other public authorities has been the coming into full operation on 1 January 2005 of the Freedom of Information Act 2000. We support the spirit of openness represented by the Act, while recognising that there are aspects of our work, particularly in the area of senior recruitment, where it is essential to maintain confidentiality. During 2004-2005 we responded to one request for information under the Act. Annual Report 2004-2005 17 Aims and progress Gary Nicholls Second Secretary Political/Economic Press and Public Affairs British High Commission, Accra, Ghana 18 Civil Service Commissioners 150 Years 1855-2005 Aims and progress The Commissioners contribute to the development of an effective and impartial Civil Service and support its core values by giving an assurance that appointments are made on merit, by advising on the promotion of the Civil Service Code and by hearing appeals from civil servants under the code. The principles of selection on merit on the basis of fair and open competition do not vary over time. Nor do the Civil Service’s core values of integrity, honesty, impartiality and objectivity. But they need to be interpreted in a modern context. In doing so, we combine firmness of principle with flexibility of practice. Specifically, we aim to: • provide a Recruitment Code that underpins an effective and flexible approach to recruitment at all levels; • ensure compliance with the Recruitment Code; • chair and oversee the process for selecting senior civil servants to ensure the best person available is appointed on merit; • work with departments to promote greater awareness and understanding by civil servants of the Civil Service Code and to investigate appeals from civil servants under the Civil Service Code and the Code of Conduct for Special Advisers; • work with departments to ensure the recruitment principles we uphold are understood and effectively applied; • share good practice and encourage innovation to support the Civil Service modernisation programme. An effective and flexible approach to recruitment Recruitment is the responsibility of individual departments. Our role is to provide a framework based on the Civil Service recruitment principles. That framework must be flexible at a time when the service is seeing many changes, through the current reform programme as well as the continuing need for new skills and competencies. But it must still ensure the principles are clearly understood and give full assurance they are being met. Recruitment Code Our report for 2003-2004 recorded that we had produced a new Recruitment Code. We issued it in March 2004 and published it electronically through our website. As well as making some changes of substance, the new version aims to make the code more accessible, userfriendly and focused on principles. It also gives guidance on the practical application of the principles to encourage a flexible approach to selection processes. The new code has been well received by departments. We shall keep the code under constant review, taking account of feedback from our seminars, our audit work and the general flow of queries from departments and agencies. In the light of legal advice, we are reviewing certain aspects of the code’s provisions and of the Civil Service Order in Council 1995 which forms the code’s legal basis. In particular, we are considering with our legal advisers the legal implications for an appointment if it is made in a way that does not comply with the Order in Council. The new Recruitment Code is so much better than the old version. It’s straightforward and easier to find your way around. I particularly like the way each part sets out the legal context first before getting down to the nitty gritty of how we can apply all this in the real day-to-day situations. It’s very refreshing to see a dose of flexibility and good old common sense in the guidance and advice being offered. Malcolm Bridger HR Business Partner DCMS Annual Report 2004-2005 19 Aims and progress Transfers from other public bodies Exceptions to the recruitment principles Steps have been taken to implement our agreement in 2003-2004 to flexibilities allowing the experience and skills of staff in organisations with close links to the Civil Service to be brought into the Civil Service without their going through a formal external competition. We recognise that in some circumstances it is right to allow appointments to be made without following the procedure of selection on merit on the basis of fair and open competition, provided doing so does not undermine these fundamental principles. These are mainly short-term appointments – for example, secondments – which will help departments to meet their objectives. The Cabinet Office consulted departments and linked organisations about an overall framework for transfers. We considered that transfers would meet the requirements of our principles provided that: • we could be satisfied that the individual had been originally recruited by an open and structured competitive process aimed at selecting fairly and on merit; • the appointee’s merit for the Civil Service appointment had been established by a trawl of other potential appointees or was demonstrable if a formal competitive process had not been used. The issue facing the Cabinet Office and departments has been what changes should be made to the current trawling arrangements, which do not extend to organisations outside the Civil Service. Provided agreement is reached on such arrangements, we envisage that an amendment will be made to our Recruitment Code which will enable departments to arrange transfers in accordance with the criteria above. We would also cover the use of the provision in our audit. In the meantime, we have agreed arrangements with a number of individual departments allowing transfers on a case-by-case basis. These have related to one or more specific bodies with close links to the department. We have satisfied ourselves that the normal recruitment procedures of those bodies meet our general standards for selection on merit on the basis of fair and open competition. Provided it is confirmed that an appointee was recruited under those procedures and that the transfer to the department was on merit, we shall agree to the appointment. The cases approved to date are shown in the next section. 20 Civil Service Commissioners Under the Recruitment Code, departments may in most cases apply the exceptions themselves. Our approval is, however, required for very senior appointments and in some special circumstances at lower levels. We may also approve appointments under the provisions in the Orders in Council in circumstances not covered by the Recruitment Code. We approved 29 appointments as exceptions: • two short-term secondments; • nine extensions of secondments beyond five years; • two conversions of secondments to fixed-term appointments and one to a permanent appointment; • three short-term appointments requiring a highly specialised mix of skills and experience; • 12 transfers from other public bodies with close ties with the Civil Service under the arrangements set out above in Transfers from other public bodies. This compares with 20 appointments approved as exceptions in 2003-2004. The increase reflects the 12 transfers from other public bodies. See Appendix E: Exceptions to selection on merit on the basis of fair and open competition. 150 Years 1855-2005 Ensuring compliance with the Recruitment Code New approach to audit Under the Civil Service Order in Council, the Commissioners have a duty to audit departments’ recruitment systems and practices to establish whether the departments, as the appointing authorities, are observing our Recruitment Code. The function is contracted out, on clearly defined terms and under close supervision by the Commissioners. Recruitment Compliance Monitoring The new approach is called Recruitment Compliance Monitoring. We shall in future use this term in referring to our audit responsibilities (see Appendix A: Civil Service Commissioners’ responsibilities and costs). It is founded on our belief that departments and agencies are best able to appoint the staff required to meet their defined needs through effective yet flexible recruitment processes which are consistent with the principles set out in the Recruitment Code. Following a review, we are introducing new arrangements which will place a greater emphasis on self-audits by departments and agencies. Review of the audit system The recruitment audit was previously based on a rolling programme of sampled data checks leading to written reports that included recommendations for remedial action where necessary. While this process-driven approach met the Commissioners’ responsibilities under the Order in Council, we thought the audit could provide departments and agencies with more value, particularly through being informed of good practice in recruitment. We also wanted it to encourage greater engagement by senior management in recruitment issues and standards. In many cases, recruitment responsibilities appeared to rest largely at comparatively junior levels. We decided to carry out a thorough review of the audit arrangements in consultation with departments and agencies. A user-group of Commissioners and departmental representatives was set up in early 2004 to agree on the principles of the new system and to place a contract with an external auditing practice. The group examined the respective requirements of Commissioners and departments. It also considered proposals on audit processes that emerged from interviews with short-listed tenderers for the contract. In June a revised contract was awarded to KPMG, which subsequently joined the user-group. After a pilot with a selection of departments and agencies, a new approach is being applied with effect from 1 April 2005. At Ordnance Survey we recently underwent a compliance visit as part of the pilot group for the new process. Despite the pre-visit nerves, the general consensus was that it was much more ‘department friendly’ than before. The emphasis on managing risk as opposed to checking paperwork was especially appreciated and we picked up some actions which will help us to improve our processes. It was particularly gratifying for me, having been involved in the project from its inception as a departmental representative, to get positive feedback on the process from my team – who, after all, have to make it work. I am confident that the new system will quickly realise benefits for departments and enable the sharing of best practice across the user community. Jan Hutchinson Director of Human Resources Ordnance Survey Annual Report 2004-2005 21 Aims and progress The monitoring approach is based on key elements: An emphasis on self-monitoring. The heart of the new system is the requirement for departmental self-monitoring. At the end of each accounting period (the financial year), departments and agencies will be required to lodge a submission on a secure website. This will include the department’s or agency’s assessment of perceived risk against a set of key indicators and controls at various stages of the recruitment process, as well as the findings of its own internal checks and the action plan for addressing any risks. On-site compliance checks based on risk. Rather than visiting departments and agencies in a rolling programme, KPMG will propose a series of on-site compliance checks based on its assessment of the submissions. If an organisation’s internal systems are found to be sufficiently robust, the frequency of checks should be kept to the minimum consistent with the Commissioners’ obligations under the Order in Council. Communication of best practice. KPMG, as part of its overall assessment, will identify areas of good practice. The Commissioners will ensure that mechanisms are in place to enable good practice to be widely communicated. Recruitment Compliance Monitoring Committee. A committee of representatives of the Commissioners and departmental and agency Human Resources representatives has been formed. It will advise us on the design and operation of the process. It will also consider regulatory issues and good practice points to be pursued during the year. The engagement of all key stakeholders at an early stage in the annual cycle (and, indeed, throughout the process) will help to build wider ownership. Permanent Secretary and Chief Executive statements of compliance. To underpin the new system, every departmental submission will include a compliance statement signed at Permanent Secretary or Chief Executive level. This will confirm that the necessary controls are in place to ensure adherence to the Recruitment Code. If this assurance cannot be given, the reasons and plans for addressing the issues will be provided. In short, Recruitment Compliance Monitoring is specifically designed to provide assurance, to add value and to minimise the workload involved. 22 Civil Service Commissioners During the year we carried out eight audits based on the previous audit arrangements and a further five while piloting the new compliance approach. We record here that it was found in one organisation that a permanent post had been filled without full and fair open competition. This appointment was therefore in breach of the Commissioners’ Recruitment Code and unlawful. The department concerned moved promptly to rectify the situation. We were satisfied that this was a genuine error and that the necessary corrective action was subsequently taken. Complaints Individuals can complain if they believe the principles in the Recruitment Code have been breached. They should first complain to the department or agency concerned. If they are not satisfied with the response, they can raise the matter with the Commissioners. If we uphold a complaint, we shall make recommendations to guard against future breaches of the code. Last year our Office received 11 complaints under this arrangement (14 in 2003-2004). One was an allegation that appointments had not followed merit order. A large recruitment exercise had been halted because of a recruitment freeze following a decision to make a significant reduction in staff numbers. Some appointments had been made, but there were no longer appointments available for many of the other candidates who had been found suitable. One of these complained that this had resulted in a failure to appoint on merit because appointments had been offered first to candidates who were already serving in the areas where there were vacancies, rather than on the basis of merit order. The department confirmed that this had happened. It is considering the legal implications. The other complaints were not upheld. Some related to matters that did not concern the Recruitment Code, such as pre-appointment checks on character or internal promotion. In other cases, we did not find any evidence that the handling of the competition had in any way breached the Recruitment Code. Several complainants had not been through the departmental procedures and were advised to pursue this course first. 150 Years 1855-2005 The best person for the job at the most senior levels Active involvement The Commissioners are actively involved in the selection process at the most senior levels to make sure the best available person is appointed. See Appendix C: Interpretation of selection on merit and fair and open competition. Departments make the appointments. But we ensure that the principles of selection on merit on the basis of fair and open competition are followed. And the appointments must be approved by us. Our involvement not only safeguards the recruitment principles, but also gives candidates, the Civil Service and the public the assurance that they have in fact been upheld. See Appendix D: Our role in senior competitions. We are grateful to departmental and agency managers and our own Office for their help and courtesy as we carry out our responsibilities for recruitment. We would also like to thank those outside the Civil Service who have served on selection panels for their willing and valued contribution to the senior appointments process. Summary of appointments During the year, there were 91 appointments through open competition to the Senior Civil Service which required the Commissioners’ approval (this does not represent all open competition recruitment to the Senior Civil Service as our approval – since July 2002 - is not required for most appointments at its lower levels). They were filled as follows: • 37 (41 per cent) by civil servants; • 17 (19 per cent) by candidates from elsewhere in the public sector; • 35 (38 per cent) by candidates from the private sector; • 2 (2 per cent) from other sources (World Bank and Rockefeller Foundation). Nineteen were appointments at the top of the Civil Service that fell within the remit of the Senior Leadership Committee (SLC), which reviews whether the appointments should be filled through external recruitment. The committee, which the First Commissioner attends, is chaired by the Head of the Home Civil Service. Improving the assessment of merit at senior level During the year we commissioned Clive Fletcher, Professor Emeritus of Occupational Psychology at Goldsmiths College, University of London, to undertake a literature review of the most reliable, validated techniques for recruiting senior staff in the private, public and voluntary sectors, with particular reference to effective selection interviewing, the use of assessment centres and psychological and psychometric testing. He augmented this with an examination of current practice in a number of public and private-sector organisations. At the heart of this initiative was the Commissioners’ responsibility for maintaining the principle of appointment on merit. We have long recognised that identifying the best candidate – essential at all Clive Fletcher levels – can be especially difficult at more senior levels. We want to play an effective part in helping departments ensure that every effort is made to identify the lead candidate on the basis of valid and relevant information and appropriate assessment techniques. Professor Fletcher recommended that the current approach to making senior appointments in the Civil Service should be developed to increase its potential validity and that this should principally involve: • a more refined and systematic way of describing the job and the person specification, at least partly in terms of the relevant competencies; • the use of assessment devices other than just the interview – specifically psychometric measures and, possibly, work sample tests; • including a more structured, behaviourally-focused approach to at least part of the interview; • devoting more time to the interviewing; • training for interviewers in any new approach adopted. We have distributed Professor Fletcher’s report to all departments and will work with them to apply these recommendations to future competitions. See Appendix B: Approval of appointments through open competition to the Senior Civil Service. Annual Report 2004-2005 23 Aims and progress There were a further four posts not listed in Appendix B where no appointment was made following open competition. In two cases no suitable candidates were identified. We provide below the specific circumstances in which no appointment was made in the other two cases. Comparison with 2003-2004 The overall number of appointments increased by two from last year’s figure of 89. Appointments at the top of the Civil Service (SLC posts) were down two from 21. The main change was the growth in candidates recruited from the private sector – up by 11 from 24. Offsetting this, the number filled from the Civil Service reduced by six from 43; from elsewhere in the public sector by two from 19; and from other sources by one from three. Revision of senior recruitment guidance We have consolidated our procedural note Guidance on Senior Recruitment and the associated Aide-Mémoire for Board Members Involved in Senior Recruitment into a single document, Civil Service Commissioners’ Guidance on Senior Recruitment. It is a step-by-step guide to the issues that departments should have in mind when arranging a senior competition which is to be chaired by a Civil Service Commissioner. In particular, we highlight the importance of involving the Commissioners at an early stage and the need to plan ahead and allow time to encourage and identify the best possible field. We want to establish an approach in which departments view each competition as a project to be planned and managed proactively. Thank you very much indeed for your help in selecting a Director for one of the key roles in the Shareholder Executive. It has been a pleasure to work with someone who is both extremely efficient and sensibly pragmatic. Richard Gillingwater Chief Executive Shareholder Executive 24 Civil Service Commissioners To raise the guide’s profile and make it more accessible, we have posted it on our website: www.civilservicecommissioners.gov.uk/publications_and_for ms/senior_recruitment/index.asp Director of Communications, Department for Environment, Food and Rural Affairs and Permanent Secretary, Department of Trade and Industry We record here two competitions in which the candidate recommended by the panel was not appointed. In one, for the Director of Communications, Department for Environment, Food and Rural Affairs, we considered, collectively, and for the first time under the revised arrangements which came into effect on 1 April 2004, a request by the selection panel that the appointment should be made other than in the merit order that had been originally determined by them. The candidate they had initially recommended was not acceptable to the Secretary of State. Having considered the matter further, members of the panel were of the view that their assessment (and the order of merit) had not taken into account the emphases that were to be given to the job by the Secretary of State, which had been expressed at a very late stage in the competition. They considered that, if they had done this, they would have placed the second candidate ahead of the first. Our conclusion was that as the panel had not carried out a rigorous assessment of the candidates against the Secretary of State’s particular emphases, they could not be sure that the ‘second’ candidate fully met the requirements of the job. We did not therefore approve the appointment of the ‘second’ candidate and no appointment was made from the competition. In the other competition, for the Permanent Secretary, Department of Trade and Industry, the panel agreed an order of merit and recommended the leading candidate for appointment. The Government – as it is entitled to do – declined to make an appointment, saying the appointment would be reconsidered later in the year, following a number of retirements. 150 Years 1855-2005 Civil Service Code The Commissioners help to maintain impartiality and standards of conduct and propriety in the Civil Service by hearing appeals under the Civil Service Code and the Code of Conduct for Special Advisers. Last year, we were also given the responsibility of hearing appeals arising under the Diplomatic Service Code of Ethics. Following the publication in September 2003 of The Government’s Response to the Ninth Report of the Committee on Standards in Public Life, we have the further roles of working with departments to promote the Civil Service Code and helping to ensure its effective operation. We welcome this as we have been concerned that many staff apparently lack awareness of the code. The importance of its effective operation continues to be underlined by well-publicised issues relating to the duties and standards of conduct of civil servants. During 2004-2005 we sought to establish foundations for this wider role by taking forward the various points of the Government’s response as follows. Government response: The Government should actively establish a register of departmental nominated officers to whom any civil servant may go if he or she believes that he or she is being required to act in a way that is inconsistent with the Civil Service Code. The Civil Service Commissioners should keep in touch with the departmental nominated officers. We consider these measures to be crucial in establishing a framework which will enable civil servants with concerns relating to the Civil Service Code to get advice on how to raise them and which will reassure them they will not be penalised for doing so. It will be important for departments to give effective publicity to the nominated-officer arrangements, which should in turn also help ensure that all civil servants are properly aware of the Civil Service Code and its implications. Civil Service Code: Nominated Officers Core role The Government has agreed that arrangements should be put in place to help to ensure that civil servants who may have concerns relating to the Civil Service Code (see Annex A) are able to receive impartial advice from someone outside their management chain, should they wish it. Permanent Secretaries in each department have now nominated certain staff to act in this capacity in addition to their normal duties. They will be directly responsible in this role to the Permanent Secretary, and will act with his or her authority. The Nominated Officers for [name of department] are [names]. Nominated Officers will, as needed: • advise individual members of staff on the interpretation and implications of the Civil Service Code; • advise individuals on steps that might be taken to resolve a concern relating to the code; • advise on how to take such a concern forward through the departmental procedures should the individual wish to do so; • if requested, pass the concerns on to the appropriate point within the department if they are satisfied that the matter may fall within the code. Their role will be that of an impartial intermediary between the individual raising the concern and any other parties. They will, however, wish to be satisfied that due process is followed by those handling the concern. Should the need arise, they will consult the Permanent Secretary. They will also be able to advise on the procedure for appealing to the Civil Service Commissioners. The Cabinet Office established a register of nominated officers. Our Office held preliminary discussions with a selection of them on how they saw their role. In November 2004, we and the Cabinet Office ran three seminars for nominated officers where issues were identified and discussed. The First Commissioner introduced one of these and the Cabinet Secretary and Head of the Home Civil Service another. Annual Report 2004-2005 25 Aims and progress These discussions led to the agreement and introduction of a job description for nominated officers and arrangements for reporting to the Commissioners on their activity. Departmental websites are reproducing the job description (see box preceding page). We shall be keeping the new arrangements under review in the light of nominated officers’ reports and through regular liaison with them. Government response: The Civil Service Commissioners should advise departments on their promotion of the Civil Service Code and report on their induction and training activities in their annual report. Departments should report the number of formal appeals they handle under the Code to the Civil Service Commissioners so that the Commissioners can publish figures in their annual report. The First Commissioner wrote to all Permanent Secretaries in July 2004 seeking information on what their departments were doing to promote the Civil Service Code. While steps are being taken to publicise the code through induction programmes and training activities, we believe more needs to be done to ensure that it is a living document which informs how all civil servants see their work and issues related to it. We have put proposals to the Cabinet Office about how this could be taken forward. Arrangements for reporting formal appeals to us will be established to cover the year 2005-2006. We need to raise awareness of the Civil Service Code and make it a truly living document. I therefore welcome the involvement of the Civil Service Commissioners in advising departments on the promotion of the Code and their work with nominated officers. These are positive steps which will help to raise awareness of civil servants’ rights and responsibilities under the code. Sir Andrew Turnbull, Cabinet Secretary and Head of the Home Civil Service, addressing a nominated officers’ seminar 26 Civil Service Commissioners Appeals As in 2003-2004, we did not hear any appeals under the Civil Service Code during the year. Nor did we receive any approaches under the Code of Conduct for Special Advisers or the Diplomatic Service Code of Ethics. One approach was received which needed to be taken up first within the department. Approaches unrelated to code Our Office from time to time receives approaches about personnel management issues, such as discipline and dismissal. These do not fall under the Civil Service Code and we are therefore unable to consider them. Ten such approaches were made in 2004-2005 (six in 2003-2004). Five approaches were also made from outside the Civil Service about behaviour by civil servants (one in 20032004). Our Office explained that the code provides for appeals only from serving or former civil servants and suggested other channels through which the matters might be pursued. One approach about behaviour by civil servants was also received from an individual who was a civil servant but whose concern was a personal matter and did not relate to his duties as an official. We could not therefore consider it. 150 Years 1855-2005 Working with departments and sharing good practice The Commissioners work with departments to: • ensure the principles we uphold are understood and effectively applied; • share good practice and encourage innovation to support the Civil Service reform programme. Seminars Fourteen seminars entitled Understanding the Work of the Civil Service Commissioners were presented to HR staff in departments and agencies nationwide. We maintain a dialogue with departments at all levels on how the principles are best applied in the light of current business objectives and operational circumstances. We aim to make the lessons of good practice more widely shared. They covered the legal framework governing Civil Service recruitment, including the Civil Service Order in Council 1995 and the Civil Service Commissioners’ Recruitment Code. The Commissioners’ role in relation to recruitment and the Civil Service Code was also explained. The feedback from participants indicated a greater awareness of the Commissioners’ role and the importance of adhering to the Recruitment Code and the Civil Service Code. We encourage and support innovation where it is needed. Discussion of current issues We promote awareness and understanding of our work, particularly in departments but also in wider circles. Our Office also: • contributed to meetings of the Cabinet Office’s interdepartmental Recruitment Network; • held meetings with individual departments on how to handle particular issues they faced in connection with the principles in the Recruitment Code, including flexibilities in procedures within the framework of our principles; • gave advice to departments in response to telephone queries and e-mails (often several a day and several hundred over the year) about the implications of the Recruitment Code for the way they handle their recruitment or particular issues that have arisen and about the use of the permitted exceptions to selection on merit on the basis of fair and open competition. Linked Commissioners Commissioners are linked to one or more main departments. Each year they meet the Permanent Secretary and sometimes the departmental HR Director. These meetings explore current issues, review the Commissioners’ role and discuss ideas for development. During this year’s round of linked visits, Commissioners discussed their role in senior recruitment competitions and, in particular, the importance of involving them at an early stage, the use of different assessment tools in the recruitment process, the revised Commissioners’ Recruitment Code, promotion of the Civil Service Code and the introduction of the new Compliance Monitoring audit system. Some reactions to our seminars about our work “Nice to see the OCSC getting out to meet people” “It was informative and thought-provoking without being too heavy” “Thoroughly enjoyable. Did not appreciate what the OCSC did and how important they are in ensuring we employ the best candidates available” “Enjoyed the session, lively presentation with good participation” “Thank you for an extremely interesting, informative and wellpresented seminar” “I learnt a lot and feel this will help me within my role” Annual Report 2004-2005 27 The Government’s draft Civil Service Bill Veronica Palmer-Davies Policy Communications Officer Department of Health 28 Civil Service Commissioners 150 Years 1855-2005 The Government’s draft Civil Service Bill In February 2005 we gave our response to the Government’s consultation document inviting comments on a draft Civil Service Bill. We reiterated our full support for legislation by Parliament enshrining the constitutional position of the Civil Service and the core values which underpin it, as we had already made clear in our evidence to the Committee on Standards in Public Life in May 2002 and to the Public Administration Select Committee in July 2003. We gave our view that at a time of rapid change, which might bring unintended consequences, there is a need, more than ever, to ensure that core values are not eroded. We did not consider that a narrowly defined Act, along the lines of the draft Bill, would inhibit the evolution and organisational development of the Civil Service. Rather, it would aid it. We also gave views on the content of the draft Bill. We commented on some points of detail in the draft Bill concerning the staff to be covered by it and the Commissioners’ role in relation to: • the reappointment of former civil servants; • complaints relating to the Commissioners’ Recruitment Code; • a power for the Commissioners to approve appointments retrospectively where someone has inadvertently been employed through a procedure that failed to meet our requirements; • the need for the framework of exceptions to selection on merit on the basis of fair and open competition to be able to accommodate the current provisions for shortterm appointments for New Dealers and the appointment of disabled persons, as well as those where the appointments are ‘justified by the needs of the civil service’. We also suggested that some thought should be given to providing some independent oversight of the principle of appointment on the basis of merit considerations in the case of promotions and lateral transfers. With regard to the draft Bill’s provisions relating to the Civil Service Code, we: • noted that there was an opportunity to reinforce the duty and responsibility of Ministers not to ask civil servants to act in any way which would conflict with the Civil Service Code; • advocated the inclusion of our new further responsibilities to advise departments on the promotion of the code, to liaise with the nominated officers in departments advising staff on the code and to report on activity relating to the code (see Aims and Progress: Civil Service Code); • reiterated our view that we should be able to initiate enquiries without having to be approached by a civil servant with a complaint, although we welcomed the draft provision which would allow civil servants to complain to us direct if they considered that they would be subject to a detriment if they raised the matter internally; • proposed that it should be made clear that complaints could cover cases where a civil servant becomes aware of a breach of the code in work not directly related to their own. Annual Report 2004-2005 29 The Government’s draft Civil Service Bill On Special Advisers, we expressed concern about the proposition that they should be able, on behalf of their appointing Minister, to commission work from civil servants. On Special Advisers, we expressed concern about the proposition that they should be able, on behalf of their appointing Minister, to commission work from civil servants. Although this may be consistent with the current Special Adviser Model Contract and Code of Conduct, we consider that it would confuse the respective roles and would in effect result in Special Advisers’ giving instructions to civil servants. We would prefer the Bill to include the terms of the existing Order in Council under which Special Advisers are appointed ‘for the purpose only of providing advice to any Minister’ and to alter the Model Contract and Code of Conduct so that they comply with this provision. We consider that, when a Minister wishes to commission work, it should be done through his or her Private Office. While we noted that the draft Bill reduces the number of Special Advisers who may have executive powers over civil servants from the current three to two, we remain of the view that there should not be any who have such powers. 30 Civil Service Commissioners 150 Years 1855-2005 We also made a number of points of detail on the constitution and operation of the Civil Service Commission as described in the draft Bill: • Commissioners should continue to be appointed by the Crown rather than by Parliament. The arrangements proposed for consultation over the appointment of the First Commissioner should provide adequate assurance about the political independence of anyone appointed to this post. • The distinctive role of the First Commissioner could be reflected in the Bill. • We do not see it as necessary or practical for there to be a requirement for leaders of the devolved Administrations to be consulted about the appointment of Commissioners to take a particular interest in Scotland and Wales. There are operational needs for flexibility in the way that Commissioners are deployed to work with departments. The flexibility also helps to ensure that they are perceived to be independent. • Our view is that Commissioners should be appointable for longer than the three years envisaged in the draft Bill. We proposed an initial three-year appointment, extendable by agreement for a further two or three years. • We welcomed the provision for laying the annual reports of the Commission before both Houses of Parliament. This should facilitate examination by the appropriate Select Committees and thereby ensure that any issues raised by the Commissioners are fully and properly considered. Annual Report 2004-2005 31 Evidence to Public Administration Select Committee Ian Shepherd Policy Analyst, Police and Communities Her Majesty’s Treasury 32 Civil Service Commissioners 150 Years 1855-2005 1855 150 Years 1855-2005 Links with other governments 150 Years 1855-2005 Evidence to Public Administration Select Committee 1854 First three Commissioners are appointed, not by Act of Parliament as NorthcoteTrevelyan recommended but under Order in Council by Queen Victoria (Commissioners are still appointed this way). Commissioners, assisted by a Secretary, run their first exam – for men only. Presentation to Parliament of Northcote-Trevelyan Report on the Civil Service which calls for ‘a proper system of examination, for the supply of the public service with a thoroughly efficient class of men’. A Civil Service Commission will be set up to run the exams. We gave evidence to the House of Commons Public Administration Select Committee’s inquiry into the effectiveness of the Civil Service. Announcing its inquiry, the committee said it would be asking ‘whether today’s civil servants have the right skills to deliver public services, and whether wider use of new technology, relocation outside London and more devolution to local bodies will help strengthen the performance of the service’. In particular, it would seek views on questions that had emerged from a number of recent initiatives, including the Government’s proposals for Civil Service reform, the Gershon review of public-sector efficiency, the Lyons review of relocation and the Government’s aim of increasing the diversity of the Civil Service. The committee’s Chairman, Dr Tony Wright MP, said its work on a draft Civil Service Bill had brought into focus the need to bolster, with Parliament’s close involvement, the vital Civil Service principles of political neutrality and objectivity. But it was absolutely vital that civil servants had the capacity and support to do the job effectively. The committee, he said, wanted ‘to assess whether government plans in this area are well thought-out, and whether there is a danger that such reforms might undermine the long-standing strengths of the Civil Service’. Representatives of Public Service Commissions with Baroness Prashar at a seminar in November Stafford Northcote Annual Report 2004-2005 37 With our responsibilities for recruitment and the Civil Service Code, we have a vital role to play in both the effectiveness and propriety of the Civil Service. As Commissioners, we have worked together for four years. Our evidence to the committee was based on this experience. We also drew on our wider career experience of working in and with a range of organisations, including the Civil Service. A summary of our comments to the committee is as follows: • The question of the Civil Service’s effectiveness can be addressed successfully only if there is clarity and understanding about its role and purpose. • The existence of a permanent Civil Service – which is there to offer honest and impartial advice to Ministers and to provide them with all the information and support they need to reach a decision and achieve their objectives – is essential to the form of government that has evolved in this country and its effectiveness. • There is a need for greater clarity about the respective roles and responsibilities of Ministers and Permanent Secretaries in the management of departments. We would argue that Permanent Secretaries should have full responsibility for ensuring that their departments have the capability and the capacity to respond to and deliver Ministers’ policy objectives. • The Civil Service needs to place greater emphasis on the development of its staff if departments are to develop that capability and capacity. • There is no inherent tension between the core values of the Civil Service – integrity, honesty, impartiality, objectivity and appointment on merit – and its effectiveness. Rather, as in any organisation, the promotion of and adherence to a set of values and standards of behaviour is key to the running of an effective business. • The Civil Service needs to do more to promote the Civil Service’s core values. Charles Trevelyan Annual Report 2004-2005 35 40 Civil Service Commissioners Annual Report 2004-2005 33 Civil Service Commissioners’ 150th anniversary 150 Years 1855-2005 Pensions are payable only to civil servants who have the Commissioners’ ‘certificate of qualification’. This makes the Commissioners’ approval much more important. Commission is now chaired by a ‘First Commissioner’. It has 17 staff. All entrants to main government departments must now pass open competitive exams. Post Office employs the first female civil servants. 18561857185818591860186118621863186418651866186718681869187018711872 1873187418751876187718781879188018811882188318841885188618871888 1889189018911892189318941895189618971898189919001901190219031904 19051906190719081909191019111912191319141915191619171918191919201921 19221923192419251926192719281929193019311932193319341935193619371938 19391940194119421943194419451946194719481949195019511952195319541955 19561957195819591960196119621963196419651966196719681969197019711972 19731974197519761977197819791980198119821983198419851986198719881989 1990199119921993199419951996199719981999200020012002200320042005 l Job candidates: 38,223 Commissioners get a telephone. Recruitment of more women is approved, but they must be kept ‘in separate rooms under proper female supervision’. Job candidates: 64,828 Interviews of candidates are introduced. Competitive interview will remain a key part of the appointments system. Second World War forces another big Civil Service expansion, including many temporary officials. Civil Service Selection Board is set up to run modernised recruitment, involving exams, psychological tests, oral and written exercises, and interviews. Commissioners’ oversight continues. Commissioners’ oversight is extended to fixedterm as well as permanent appointments. The first woman Commissioner is appointed. Civil Service reorganised into four ‘classes’: Administrative, Executive, Clerical and Typing. Intelligence tests are introduced. First World War greatly expands Civil Service. Many new staff are women. Post-war reconstruction imposes major new tasks on Civil Service. Commission staff soars from 320 in 1946 to just over 1,000 in 1948. Commission staff is reduced to 400. Job candidates: 61,000 Outside educational Commission staff return to qualifications start to peacetime levels at 544. replace Civil Service exams. Recruitment to junior grades is transferred to departments. Commissioners begin Commission staff is cut to 284. delegating clerical recruitment Order in Council says recruitment to departments. must be on merit after fair and open competition. This will remain the guiding principle and the Commissioners will ensure it is applied. Civil Service ‘classes’ are merged. Civil Service exams are abolished. Civil Service shake-up begins after committee chaired by Lord Fulton calls for changes including a unified grading structure and major changes to recruitment involving more delegation to departments. Commissioners are enabled to contract out their monitoring role. They now have only eight staff. 2005 is the 150th anniversary of the establishment of the Civil Service Commissioners. Here we show how we have adapted to the challenges of constantly changing times. 34 Civil Service Commissioners Order in Council again changes the Commissioners’ role. They now concentrate on recruitment to the more senior appointments. They also get a legal duty to advise the Civil Service Minister on rules governing departmental recruitment and to monitor their application. Civil Service Commission becomes Office of the Civil Service Commissioners (OCSC). Its staff is reduced to 22. Commissioners buy a typewriter. Senior Civil Service is established. Commissioners are responsible for appointments to it. Other jobs are handled by departments. Order in Council requires Commissioners to publish a Recruitment Code which departments must follow. Commissioners operate contracted-out audit of Civil Service recruitment. First Commissioner is appointed following open competition and is no longer a serving civil servant. Commissioners’ work now largely consists of approving senior appointments after ensuring they are made on merit following fair and open competition. A Commissioner often chairs the panel. Commissioners get new role to hear appeals from civil servants under Civil Service Code which covers general standards of conduct and propriety. Civil Service Reform Programme is launched. Senior appointments approved: 107 Senior appointments approved: 158 Senior appointments approved: 202 Commissioners limit their power of approval to most senior posts (Pay Band 2 and above, plus some others). ‘Next Steps’ plan for parts of the Civil Service to become free-standing ‘agencies’ will transform many civil servants’ working lives. Nearly 150 years after Northcote-Trevelyan called for a Civil Service Act, Committee on Standards in Public Life also recommends one. It wants the Commissioners to have a more active role in upholding appointment on merit and new powers to ensure observance of Civil Service Code. Commons Public Administration Committee also calls for Civil Service legislation. Commissioners get new responsibility of working with departments to promote the Civil Service Code. Private Members’ Bills in Commons and Lords unsuccessfully seek to introduce a Civil Service Act. Senior appointments approved: 89 (following the raising in July 2002 of the level requiring approval). First Commissioner Baroness Prashar says: “What made the Northcote-Trevelyan proposals a turning point was that they led to a service in which integrity, honesty, impartiality, objectivity and appointment on merit became enduring values. We have worked with the Civil Service to ensure that the objectives of the reform agenda are achieved without compromising the values.” Senior appointments approved: 91 Annual Report 2004-2005 39 150 Years 1855-2005 1855 150 Years 1855-2005 Links with other governments 150 Years 1855-2005 Evidence to Public Administration Select Committee 1854 First three Commissioners are appointed, not by Act of Parliament as NorthcoteTrevelyan recommended but under Order in Council by Queen Victoria (Commissioners are still appointed this way). Commissioners, assisted by a Secretary, run their first exam – for men only. Presentation to Parliament of Northcote-Trevelyan Report on the Civil Service which calls for ‘a proper system of examination, for the supply of the public service with a thoroughly efficient class of men’. A Civil Service Commission will be set up to run the exams. We gave evidence to the House of Commons Public Administration Select Committee’s inquiry into the effectiveness of the Civil Service. Announcing its inquiry, the committee said it would be asking ‘whether today’s civil servants have the right skills to deliver public services, and whether wider use of new technology, relocation outside London and more devolution to local bodies will help strengthen the performance of the service’. In particular, it would seek views on questions that had emerged from a number of recent initiatives, including the Government’s proposals for Civil Service reform, the Gershon review of public-sector efficiency, the Lyons review of relocation and the Government’s aim of increasing the diversity of the Civil Service. The committee’s Chairman, Dr Tony Wright MP, said its work on a draft Civil Service Bill had brought into focus the need to bolster, with Parliament’s close involvement, the vital Civil Service principles of political neutrality and objectivity. But it was absolutely vital that civil servants had the capacity and support to do the job effectively. The committee, he said, wanted ‘to assess whether government plans in this area are well thought-out, and whether there is a danger that such reforms might undermine the long-standing strengths of the Civil Service’. Representatives of Public Service Commissions with Baroness Prashar at a seminar in November Stafford Northcote Annual Report 2004-2005 37 With our responsibilities for recruitment and the Civil Service Code, we have a vital role to play in both the effectiveness and propriety of the Civil Service. As Commissioners, we have worked together for four years. Our evidence to the committee was based on this experience. We also drew on our wider career experience of working in and with a range of organisations, including the Civil Service. A summary of our comments to the committee is as follows: • The question of the Civil Service’s effectiveness can be addressed successfully only if there is clarity and understanding about its role and purpose. • The existence of a permanent Civil Service – which is there to offer honest and impartial advice to Ministers and to provide them with all the information and support they need to reach a decision and achieve their objectives – is essential to the form of government that has evolved in this country and its effectiveness. • There is a need for greater clarity about the respective roles and responsibilities of Ministers and Permanent Secretaries in the management of departments. We would argue that Permanent Secretaries should have full responsibility for ensuring that their departments have the capability and the capacity to respond to and deliver Ministers’ policy objectives. • The Civil Service needs to place greater emphasis on the development of its staff if departments are to develop that capability and capacity. • There is no inherent tension between the core values of the Civil Service – integrity, honesty, impartiality, objectivity and appointment on merit – and its effectiveness. Rather, as in any organisation, the promotion of and adherence to a set of values and standards of behaviour is key to the running of an effective business. • The Civil Service needs to do more to promote the Civil Service’s core values. Charles Trevelyan Annual Report 2004-2005 35 40 Civil Service Commissioners Annual Report 2004-2005 33 150 Years 1855-2005 1855 150 Years 1855-2005 Links with other governments 150 Years 1855-2005 Evidence to Public Administration Select Committee 1854 First three Commissioners are appointed, not by Act of Parliament as NorthcoteTrevelyan recommended but under Order in Council by Queen Victoria (Commissioners are still appointed this way). Commissioners, assisted by a Secretary, run their first exam – for men only. Presentation to Parliament of Northcote-Trevelyan Report on the Civil Service which calls for ‘a proper system of examination, for the supply of the public service with a thoroughly efficient class of men’. A Civil Service Commission will be set up to run the exams. We gave evidence to the House of Commons Public Administration Select Committee’s inquiry into the effectiveness of the Civil Service. Announcing its inquiry, the committee said it would be asking ‘whether today’s civil servants have the right skills to deliver public services, and whether wider use of new technology, relocation outside London and more devolution to local bodies will help strengthen the performance of the service’. In particular, it would seek views on questions that had emerged from a number of recent initiatives, including the Government’s proposals for Civil Service reform, the Gershon review of public-sector efficiency, the Lyons review of relocation and the Government’s aim of increasing the diversity of the Civil Service. The committee’s Chairman, Dr Tony Wright MP, said its work on a draft Civil Service Bill had brought into focus the need to bolster, with Parliament’s close involvement, the vital Civil Service principles of political neutrality and objectivity. But it was absolutely vital that civil servants had the capacity and support to do the job effectively. The committee, he said, wanted ‘to assess whether government plans in this area are well thought-out, and whether there is a danger that such reforms might undermine the long-standing strengths of the Civil Service’. Representatives of Public Service Commissions with Baroness Prashar at a seminar in November Stafford Northcote Annual Report 2004-2005 37 With our responsibilities for recruitment and the Civil Service Code, we have a vital role to play in both the effectiveness and propriety of the Civil Service. As Commissioners, we have worked together for four years. Our evidence to the committee was based on this experience. We also drew on our wider career experience of working in and with a range of organisations, including the Civil Service. A summary of our comments to the committee is as follows: • The question of the Civil Service’s effectiveness can be addressed successfully only if there is clarity and understanding about its role and purpose. • The existence of a permanent Civil Service – which is there to offer honest and impartial advice to Ministers and to provide them with all the information and support they need to reach a decision and achieve their objectives – is essential to the form of government that has evolved in this country and its effectiveness. • There is a need for greater clarity about the respective roles and responsibilities of Ministers and Permanent Secretaries in the management of departments. We would argue that Permanent Secretaries should have full responsibility for ensuring that their departments have the capability and the capacity to respond to and deliver Ministers’ policy objectives. • The Civil Service needs to place greater emphasis on the development of its staff if departments are to develop that capability and capacity. • There is no inherent tension between the core values of the Civil Service – integrity, honesty, impartiality, objectivity and appointment on merit – and its effectiveness. Rather, as in any organisation, the promotion of and adherence to a set of values and standards of behaviour is key to the running of an effective business. • The Civil Service needs to do more to promote the Civil Service’s core values. Charles Trevelyan Annual Report 2004-2005 35 40 Civil Service Commissioners Annual Report 2004-2005 33 Civil Service Commissioners’ 150th anniversary 150 Years 1855-2005 Pensions are payable only to civil servants who have the Commissioners’ ‘certificate of qualification’. This makes the Commissioners’ approval much more important. Commission is now chaired by a ‘First Commissioner’. It has 17 staff. All entrants to main government departments must now pass open competitive exams. Post Office employs the first female civil servants. 18561857185818591860186118621863186418651866186718681869187018711872 1873187418751876187718781879188018811882188318841885188618871888 1889189018911892189318941895189618971898189919001901190219031904 19051906190719081909191019111912191319141915191619171918191919201921 19221923192419251926192719281929193019311932193319341935193619371938 19391940194119421943194419451946194719481949195019511952195319541955 19561957195819591960196119621963196419651966196719681969197019711972 19731974197519761977197819791980198119821983198419851986198719881989 1990199119921993199419951996199719981999200020012002200320042005 l Job candidates: 38,223 Commissioners get a telephone. Recruitment of more women is approved, but they must be kept ‘in separate rooms under proper female supervision’. Job candidates: 64,828 Interviews of candidates are introduced. Competitive interview will remain a key part of the appointments system. Second World War forces another big Civil Service expansion, including many temporary officials. Civil Service Selection Board is set up to run modernised recruitment, involving exams, psychological tests, oral and written exercises, and interviews. Commissioners’ oversight continues. Commissioners’ oversight is extended to fixedterm as well as permanent appointments. The first woman Commissioner is appointed. Civil Service reorganised into four ‘classes’: Administrative, Executive, Clerical and Typing. Intelligence tests are introduced. First World War greatly expands Civil Service. Many new staff are women. Post-war reconstruction imposes major new tasks on Civil Service. Commission staff soars from 320 in 1946 to just over 1,000 in 1948. Commission staff is reduced to 400. Job candidates: 61,000 Outside educational Commission staff return to qualifications start to peacetime levels at 544. replace Civil Service exams. Recruitment to junior grades is transferred to departments. Commissioners begin Commission staff is cut to 284. delegating clerical recruitment Order in Council says recruitment to departments. must be on merit after fair and open competition. This will remain the guiding principle and the Commissioners will ensure it is applied. Civil Service ‘classes’ are merged. Civil Service exams are abolished. Civil Service shake-up begins after committee chaired by Lord Fulton calls for changes including a unified grading structure and major changes to recruitment involving more delegation to departments. Commissioners are enabled to contract out their monitoring role. They now have only eight staff. 2005 is the 150th anniversary of the establishment of the Civil Service Commissioners. Here we show how we have adapted to the challenges of constantly changing times. 34 Civil Service Commissioners Order in Council again changes the Commissioners’ role. They now concentrate on recruitment to the more senior appointments. They also get a legal duty to advise the Civil Service Minister on rules governing departmental recruitment and to monitor their application. Civil Service Commission becomes Office of the Civil Service Commissioners (OCSC). Its staff is reduced to 22. Commissioners buy a typewriter. Senior Civil Service is established. Commissioners are responsible for appointments to it. Other jobs are handled by departments. Order in Council requires Commissioners to publish a Recruitment Code which departments must follow. Commissioners operate contracted-out audit of Civil Service recruitment. First Commissioner is appointed following open competition and is no longer a serving civil servant. Commissioners’ work now largely consists of approving senior appointments after ensuring they are made on merit following fair and open competition. A Commissioner often chairs the panel. Commissioners get new role to hear appeals from civil servants under Civil Service Code which covers general standards of conduct and propriety. Civil Service Reform Programme is launched. Senior appointments approved: 107 Senior appointments approved: 158 Senior appointments approved: 202 Commissioners limit their power of approval to most senior posts (Pay Band 2 and above, plus some others). ‘Next Steps’ plan for parts of the Civil Service to become free-standing ‘agencies’ will transform many civil servants’ working lives. Nearly 150 years after Northcote-Trevelyan called for a Civil Service Act, Committee on Standards in Public Life also recommends one. It wants the Commissioners to have a more active role in upholding appointment on merit and new powers to ensure observance of Civil Service Code. Commons Public Administration Committee also calls for Civil Service legislation. Commissioners get new responsibility of working with departments to promote the Civil Service Code. Private Members’ Bills in Commons and Lords unsuccessfully seek to introduce a Civil Service Act. Senior appointments approved: 89 (following the raising in July 2002 of the level requiring approval). First Commissioner Baroness Prashar says: “What made the Northcote-Trevelyan proposals a turning point was that they led to a service in which integrity, honesty, impartiality, objectivity and appointment on merit became enduring values. We have worked with the Civil Service to ensure that the objectives of the reform agenda are achieved without compromising the values.” Senior appointments approved: 91 Annual Report 2004-2005 39 150 Years 1855-2005 1855 150 Years 1855-2005 Links with other governments 150 Years 1855-2005 Evidence to Public Administration Select Committee 1854 First three Commissioners are appointed, not by Act of Parliament as NorthcoteTrevelyan recommended but under Order in Council by Queen Victoria (Commissioners are still appointed this way). Commissioners, assisted by a Secretary, run their first exam – for men only. Presentation to Parliament of Northcote-Trevelyan Report on the Civil Service which calls for ‘a proper system of examination, for the supply of the public service with a thoroughly efficient class of men’. A Civil Service Commission will be set up to run the exams. We gave evidence to the House of Commons Public Administration Select Committee’s inquiry into the effectiveness of the Civil Service. Announcing its inquiry, the committee said it would be asking ‘whether today’s civil servants have the right skills to deliver public services, and whether wider use of new technology, relocation outside London and more devolution to local bodies will help strengthen the performance of the service’. In particular, it would seek views on questions that had emerged from a number of recent initiatives, including the Government’s proposals for Civil Service reform, the Gershon review of public-sector efficiency, the Lyons review of relocation and the Government’s aim of increasing the diversity of the Civil Service. The committee’s Chairman, Dr Tony Wright MP, said its work on a draft Civil Service Bill had brought into focus the need to bolster, with Parliament’s close involvement, the vital Civil Service principles of political neutrality and objectivity. But it was absolutely vital that civil servants had the capacity and support to do the job effectively. The committee, he said, wanted ‘to assess whether government plans in this area are well thought-out, and whether there is a danger that such reforms might undermine the long-standing strengths of the Civil Service’. Representatives of Public Service Commissions with Baroness Prashar at a seminar in November Stafford Northcote Annual Report 2004-2005 37 With our responsibilities for recruitment and the Civil Service Code, we have a vital role to play in both the effectiveness and propriety of the Civil Service. As Commissioners, we have worked together for four years. Our evidence to the committee was based on this experience. We also drew on our wider career experience of working in and with a range of organisations, including the Civil Service. A summary of our comments to the committee is as follows: • The question of the Civil Service’s effectiveness can be addressed successfully only if there is clarity and understanding about its role and purpose. • The existence of a permanent Civil Service – which is there to offer honest and impartial advice to Ministers and to provide them with all the information and support they need to reach a decision and achieve their objectives – is essential to the form of government that has evolved in this country and its effectiveness. • There is a need for greater clarity about the respective roles and responsibilities of Ministers and Permanent Secretaries in the management of departments. We would argue that Permanent Secretaries should have full responsibility for ensuring that their departments have the capability and the capacity to respond to and deliver Ministers’ policy objectives. • The Civil Service needs to place greater emphasis on the development of its staff if departments are to develop that capability and capacity. • There is no inherent tension between the core values of the Civil Service – integrity, honesty, impartiality, objectivity and appointment on merit – and its effectiveness. Rather, as in any organisation, the promotion of and adherence to a set of values and standards of behaviour is key to the running of an effective business. • The Civil Service needs to do more to promote the Civil Service’s core values. Charles Trevelyan Annual Report 2004-2005 35 40 Civil Service Commissioners Annual Report 2004-2005 33 150 Years 1855-2005 Links with other governments We value the opportunity for discussion of issues of mutual concern with representatives of other governments. We have found widespread international interest in our work as a model of good practice and growing concern in many countries about public-service ethics. The First Commissioner addressed the International Conference on Personnel Administration in Korea in May. In October, she met the Director General, Public Service Commission, South Africa. In November, the First Commissioner and members of our Office held a seminar under the auspices of Public Administration International for representatives of Public Service Commissions in 16 countries (Bahrain, British Virgin Islands, Hong Kong, India, Kazakhstan, Lesotho, Malaysia, Montserrat, Pakistan, Rwanda, Samoa, Saudi Arabia, Sierra Leone, South Africa, Sudan and the Turks & Caicos Islands). Our Office meets a wide range of overseas visitors under arrangements made by the Cabinet Office’s International Development and Consulting group, the Foreign and Commonwealth Office, or other organisations such as the British Association for Central and Eastern Europe. During the year, the Office discussed the Commissioners’ role and related issues with representatives of the governments of Albania, China, Hungary, Japan, Korea, Kosovo, Mexico and Nigeria; the Prime Minister of the Republic of Srpska; and MPs from Bosnia and Herzegovina and from Bulgaria. The First Commissioner and our Office discussed issues relating to the Civil Service Code with the Canadian Government in correspondence and by telephone. Annual Report 2004-2005 41 Appendices Appendix A Civil Service Commissioners’ responsibilities and costs The Commissioners’ responsibilities are laid down by the Civil Service Order in Council 1995 (with subsequent amendments) and the Diplomatic Service Order in Council 1991 (with subsequent amendments). The procedures for making an appeal are set out in further detail in a leaflet produced by the Office of the Civil Service Commissioners. It is available from the Office and at our website: www.civilservicecommissioners.gov.uk Recruitment Annual report The Orders require the Commissioners to: • maintain the principles of selection on merit on the basis of fair and open competition in recruitment to the Civil Service; • prescribe and publish a Recruitment Code on the interpretation and application of the principles; • incorporate in the Recruitment Code certain restricted circumstances in which exceptions to the principles can be made, within the terms of the Orders in Council; • approve appointments at the most senior levels in the Civil Service made through open competition or under the exceptions; • audit the recruitment systems of departments and agencies for compliance with the Recruitment Code. The Orders require the Commissioners to produce an annual report and specify what is to be in it: • summary information on appointments requiring the Commissioners’ approval which have been made through fair and open competition and through the use of permitted exceptions; • an account of the audit of recruitment policies and practices; • summary information on appeals which have been made to the Commissioners under the Civil Service Code and the Diplomatic Service Code of Ethics. In addition, the Commissioners, as empowered by the Orders, require departments and agencies to publish information about their recruitment, including their use of the exceptions to selection on merit on the basis of fair and open competition. The Commissioners’ responsibilities relate to the Home Civil Service and the Diplomatic Service. Other parts of the public service are outside their remit. There are separate Commissioners for the Northern Ireland Civil Service. Finances Appeals under the Civil Service Code and the Diplomatic Service Code of Ethics We provide here a summary of finances during 2004-2005. The figures are based on the likely out-turn. The Orders give the Commissioners the duty to hear and determine appeals under the Civil Service Code for the Home Civil Service and under the Diplomatic Service Code of Ethics. First Commissioner’s pay and related costs Commissioners’ fees1 Commissioners’ travel and subsistence costs OCSC staff pay and related costs Consultancy costs (including the compliance monitoring contract) Other administration costs Sub-total Income from provision of training Total The Civil Service Code sets out the role and duties of civil servants and the standards of conduct and propriety expected of them. It also provides for matters which appear to contravene the code, including those raising fundamental issues of conscience, to be reported under departmental procedures. These provisions are paralleled in the Diplomatic Service Code of Ethics. When a matter has been reported and the civil servant concerned considers that the response is not a reasonable one, he or she may appeal to the Commissioners. 42 Scope of responsibilities Civil Service Commissioners £K 1 147 157 34 271 191 97 897 1 896 £1,200 per senior competition chaired and £300 per day pro rata for other activities. 150 Years 1855-2005 Appendix B Approval of appointments through open competition to the Senior Civil Service Our approval is required for appointments at Pay Band 2 and above in the Senior Civil Service and for government communication posts in the Senior Civil Service below that level. Senior Leadership Committee appointees and others Totals SLC 19 Sources of candidates approved for appointment NON-SLC 72 (including 10 government communication posts at Pay Band 1) Civil Service 37 Other public sector 17 Private sector and other sources 35 Other 2 (Rockefeller Foundation, World Bank) Total 41 per cent 19 per cent 38 per cent 2 per cent 91 Senior Leadership Committee appointments DEPARTMENT/AGENCY Attorney General Cabinet Office Department for Constitutional Affairs Department for Culture, Media and Sport Ministry of Defence Office of Government Commerce Department of Health JOB TITLE Director of Customs Prosecutions Head of the Office of E-Government Director General, Strategy Director General, Finance Director General APPOINTEE David Green PREVIOUS EMPLOYMENT Barrister Ian Watmore UK Managing Director, Accenture Rod Clark Chief Scientific Adviser Professor Roy Anderson Deputy Chief Executive Peter Fanning Chief Nursing Officer Christine Beasley Directory of Strategy, Planning & Performance, DWP Chief Finance Officer, Scala Business Solutions Executive Director of Policy & Partnerships, GLA Professor & Head of Department of Infectious Disease Epidemiology, Imperial College London Director of Procurement, London Centre of Procurement Excellence Director of Partnership Development, Modernisation Agency Director of Strategy, Kingfisher Director for Resources & Deputy Chief Exec, West Sussex CC Chief Officer, Greater Manchester Probation Service Vice-President, Infrastructure, The World Bank Chairman, mm02 CIO & Vice President Information Management, BG Group Chief Economic Adviser, Scottish Executive Chief Executive, Countryside Agency Barbara Moorhouse Jeffrey Jacobs Director of Strategy Director General, Financial & Procurement National Offender Manager Department for Director General, International Development Regional Programmes HM Revenue & Customs Executive Chairman Chief Information Officer Stephen O’Brien Helen Kilpatrick Scottish Executive Andrew Goudie Home Office Head of Finance & Central Services Head of Environment & Rural Affairs Head of Health & Chief Executive, NHS Scotland Department for Transport Director General, Rail Department for Work and Pensions Child Support Agency Chief Executive Christine Knott Nemat Shafik David Varney Steven Lamey Richard Wakeford Kevin Woods Mike Mitchell Stephen Geraghty Chief Executive, North Central London Strategic Health Authority Business Development Director, First Group Former Managing Director, Assistance Division, Direct Line Insurance Annual Report 2004-2005 43 Appendices Other senior appointments through open competition DEPARTMENT/AGENCY Cabinet Office JOB TITLE Diversity Adviser to the Civil Service Director of Communications APPOINTEE Waqar Azmi Chief Executive, Tribunals Service Peter Handcock Communications Director Lucien Hudson Director of Finance (Resources) Chief Executive Phillip Lloyd Chair Geraldine Peacock Head of Strategic Communications Initiative Pam Teare Chief Executive Peter Moore Chief Executive Michael McDowell David Olney MoD Police Director General, Operations Chief Constable Office of the Deputy Prime Minister Fire Service College Director of Delivery & Change Management Chief Executive Sarah Cox Department for Education and Skills Chief Economist John Elliott Department for Constitutional Affairs Charity Commission Crown Prosecution Service Ministry of Defence Army Base Repair Organisation Defence Analytical Services Agency Defence Estates Andrew Hind Chief Executive, Malta Shipyards Head of Knowledge Centre, HMCE Director, Children’s Workforce Unit Head of News Director, Centre for Procurement Performance Department for Environment, Deputy Chief Food and Rural Affairs Veterinary Officer Chief Executive of the Veterinary Service Office of Fair Trading Chief Operating Officer Jeanette Pugh Acting Director, General Operations, MoD Deputy Chief Constable, Humberside Police Partner in Business Change Consultancy, Barclays Head of Training & Development, HMPS Acting Director, Chief Economist, DfES Acting post-holder John Shield Ian Taylor Chief Press Officer, DfES Head of Procurement, HBS Fred Landeg Food Standards Agency Director of Consumer Choice & Dietary Health Director of Markets Gill Fine Director of Transmissions Director of Legal Markets Bob Hull Duncan Sinclair Acting Deputy Chief Veterinary Officer Justice’s Chief Executive, Greater Manchester Director, Performance Improvement Consulting, PWC Head of Food & Health, Sainsbury’s Senior Economist, Economic Regulation, Civil Aviation Authority Solicitor with Denton Wilde Sapte EC/Competition Group, Simmons and Simmons The Office of Gas and Electricity Markets 44 John Worne PREVIOUS EMPLOYMENT Head of Equality and Diversity, TMP Worldwide Deputy Director/Head of Strategic Communications, Department of Health Principal Policy Adviser to Secretary of State on Criminal Justice Director of Communications and Chief Knowledge Officer, DEFRA Director of Finance, Learning & Skills Council Chief Operating Officer, BBC World Service Charity Commissioner & Civil Service Commissioner Director, News, MoD Civil Service Commissioners Steve Love Gillian Newton Glenys Stacey Bart Smith Philip Davies 150 Years 1855-2005 DEPARTMENT/AGENCY GCHQ JOB TITLE Finance Director APPOINTEE Jonathan Powell Department of Health Head of Information Services Beverley Bryant Deputy Director of Research & Development (Delivery) Director of Research & Development Model Career Portfolio Director Noreen Caine National Director of Social Care Kathryn Hudson Director for Equality & Human Rights Regional Director of Public Health, West Midlands Head of Policy Communications Director of Inspection & Enforcement Director, Hazardous Installations Regulation Director of Nuclear Safety Surinder Sharma Director, Finance, National Offender Management Service Peter Brook Director of Strategy Martin Bryant Director of National Probation Service Senior HR Director, Immigration & Nationality Directorate Director of Performance & Planning, Criminal Justice Director of Policy, National Offender Management Service Roger Hill Chief Scientific Officer Professor Gordon Conway Liz Davies Medicines and Healthcare products Regulatory Agency Health & Safety Executive Home Office Department for International Development HR Director Director, United Nations, Conflict & Humanitarian Affairs Director of Communications & Knowledge Sharing Director, Asia Chief Economist Sally Davies Nick Greenfield Dr Rasmita Shukla Mark Sudbury Gerald Heddell Kevin Myers Mike Weightman Paul Pagliari Jonathan Sedgwick Christine Stewart Jim Drummond PREVIOUS EMPLOYMENT Chief Financial Officer, Europe, Cable & Wireless Director of IM&T, NHS Shared Services Senior Research Associate, University of Cambridge Deputy Director of R&D (Delivery), Department of Health Chief Executive, North Central London Workforce Development Confederation Director of Social Services, Newham Council Director of Diversity, Ford Europe Joint Director Public Health, Leicester Primary Care Trusts Senior Policy Communications Manager, Department of Health Director, Quality & Compliance, GlaxoSmithKline Chief Inspector of Construction, HSE Acting Director and Chief Nuclear Inspector, HSE Head of Strategy, Finance & Performance, Correctional Services Acting Chief Operating Officer, BP Retail Ltd Head of London Probation Service HR Director, Scottish Water Principal Private Secretary to the Home Secretary Director for Correctional & Rehabilitation Policy, Home Office President, Rockefeller Foundation Human Resources, Cabinet Office Director, Iraq, DfID Joy Hutcheon Head of Western Asia Dept, DfID Charlotte Seymour-Smith Head Of India, DfID Professor Tony Venables Professor of International Economics, LSE Annual Report 2004-2005 45 Appendices DEPARTMENT/AGENCY National Savings & Investments JOB TITLE Marketing Director APPOINTEE Karen Jones Office for National Statistics Executive Director, Reporting & Analysis Jil Matheson Northern Ireland Office Director of Communications David Brooker Robin Masefield Office of Rail Regulation Director General, Northern Ireland Prison Service Head of Legal Services Solutions Architect Director of Communications Chief Executive Jon Wrennall Chris Hopson Vincent Geake Director of Corporate Services & Change Finance Director Sally Carruthers HM Revenue & Customs Lorry Road-User Charge Management Authority Scottish Executive Office for Standards in Education Department of Trade and Industry Department for Transport Jonathan Thompson Director of Technological Patrick McDonald Innovation Director, Planning & Performance Lucy Chadwick Corporate Finance Adviser Kate Mingay Director for Analysis & Strategy Director of Information Finance Director David Thompson Denise Plumpton Mel Zuydam Vehicle and Operator Services Agency Chief Executive Stephen Tetlow HM Treasury Director of Business & Indirect Tax Director of International Tax Edward Troup Chief Medical Adviser Dr William Gunnyeon IS/IT Risk & Quality Director Anthony Hargreaves Customer and Acquisition Director Nigel Richardson Chief Executive Terry Moran Highways Agency Department for Work and Pensions Disability & Carers Agency 46 Juliet Lazarus Civil Service Commissioners Mike Williams PREVIOUS EMPLOYMENT Consultant working for BBC as Managing Director, UK TV Licensing Acting Executive Director, Economic & Social Reporting Directorate, ONS Principal Private Secretary to Secretary of State for Northern Ireland Head of Policy Reforms Division, NIO Consultant, EU, Competition & Regulation, Linklaters Programme Manager, Accenture Consultant Chief Executive, Yeoman Group Head of Human Resources, Scottish Executive Director of Finance and Resources, North Somerset Council Director Key Business Technologies, DTI Prime Minister’s Delivery Unit Temporary Corporate Finance Adviser, DfT DEFRA IT Director, Sendo Finance & Commercial Director, Serco Government Services Chief Executive of REME/ Director of Electrical & Mech Eng, Army Managing Partner, Tax & Pensions, Simmons & Simmons Head of Business Tax Group, Inland Revenue Medical Director, Capita Health Solutions Head of Group Organisational Effectiveness, mmO2 Head of Customer Service and Contact Centres, Barclaycard Corporate Field Director, Jobcentre Plus, NW Region 150 Years 1855-2005 Appendix C Interpretation of selection on merit and fair and open competition The Commissioners are charged with upholding the basic principles of selection on merit and fair and open competition. The principles are set out in detail in our Recruitment Code. This is our interpretation of them. Selection on merit The Recruitment Code (2.5) states that selection on merit has two objectives: • No one should be appointed to a job unless they are competent to do it. • If two or more people meet the criteria for appointment, the job should be offered to the person who would do it best. Therefore, says the code, selection on merit means selecting the best available person for the job. Merit is a relative not an abstract concept. It calls for a decision based on the circumstances at the time, not on theoretical circumstances. So merit depends on the context. The nature of the job What is the purpose of the job over the next three to five years? Someone who is best at managing a start-up might not be best at running an organisation in more settled times. The length of the appointment The best candidate in terms of doing the job over the next three to five years might not be the one who would do it best on day one. The job market The best person available will depend in part on the attractiveness of other employment opportunities at the time. Merit, then, is more than competence. But, before merit is identified, competence must be defined properly. The various competencies required in the job should be weighted according to their contribution towards the successful carrying out of the job. The most meritorious candidate will be the one who is best at the job’s critical elements. So the task is to establish: First: Who is competent to do the job. Then: Who is the best person to do it. The practical steps to be taken are: 1 Establish the qualities, competencies, experience etc that are required for the job. Then list them in order of priority. 2 Decide which procedures for making the job known can be expected to allow the best available candidates to come forward for consideration. 3 Draw up procedures which will reliably determine suitability for the job on the basis of the criteria established in stage 1. In particular, the procedures must distinguish how candidates compare with each other in terms of merit. 4 Bring together a panel who are best placed to determine merit with regard to this job. These preparations require, first, that it is clear right at the start why an appointment is wanted and what sort of person is being sought. It is essential to research the potential field of candidates and think flexibly about effective ways of interesting them in the appointment. The selection processes must be thought through. Which are most likely to show how far candidates meet the various requirements of the job? And which will enable the panel to make realistic comparisons among the candidates? For example, an interview that concentrated on how a candidate would handle particular circumstances could reward those who can talk in hypotheses. But it might not reveal how well the candidate handled critical incidents in the past. Annual Report 2004-2005 47 Appendices Fair and open competition Fairness Openness The Recruitment Code (2.9) says fairness means ensuring there is no bias in assessment of candidates at any stage of the selection process. The Recruitment Code (2.14) states that openness is about making Civil Service jobs accessible by ensuring that opportunities are made known and publicised. It also means that prospective applicants must be given equal and reasonable access to adequate information about the job and its requirements and about the selection process. So open competition means, in the first place, that the competition is open to eligible people. (In the past it was contrasted with ‘limited’ competitions open only to civil servants.) But, if a job is to be genuinely open to eligible people, all such people must be given an equal opportunity to find out about it and what it involves. And they must have an equal opportunity to apply for it. Openness therefore means that individuals are not unfairly excluded. There could be a risk of that as a result of where the job is advertised and what is (or is not) said about it. Inappropriate eligibility conditions also infringe openness. Openness is also about setting thresholds for suitability and excluding unsuitable people. It is linked with fairness in making clear what people need to know in order to set out their suitability for the job and what they would bring to it. And openness is linked with merit in helping to ensure that suitable people apply. An advertisement that produces a small number of good candidates is better than one that attracts a large number of applicants, many of whom turn out to be unsuitable. In considering whether or not the competition is open, particular account needs to be taken of the following: • Someone who might be interested in a job must have a reasonable opportunity to find out about it. • They must be clear about what is on offer (the nature of the work, terms of appointment and remuneration) and what will demonstrate suitability. • The application process must help to identify suitable candidates. Fairness is to some extent an intuitive notion. To ensure that procedures are fair, it is important to look at the circumstances in the round. Account needs to be taken of the differences between people. Fairness does not mean treating everyone the same – eg asking them just the same questions. To achieve fairness it is necessary to keep in mind what would amount to unfairness. In any context, there will be the possibility of doing something which might be perceived as an unfair procedure or unfair treatment of someone. Fairness is partly about avoiding these. So fair competition means giving each person a full opportunity to set out their suitability for the job and what they would bring to it. That in turn requires assessment procedures that avoid bias by being: • objective and reliable indicators of future performance; • unaffected by gender, race or other irrelevant considerations; • relevant to the job; • consistently applied. But consistency does not necessarily mean using identical procedures for everyone. It is about applying the same general criteria of assessment to everyone in order to determine who is best able to do the job – in short, selection on merit. It is important that candidates should feel the competition has been handled in these ways. Exceptions to selection on merit and fair and open competition The exceptions to fair and open competition permitted by the Commissioners are to do with flexibility, speed and pressing operational factors; the benefits that can be realised through secondment arrangements; and removing unfairness in the case of disabled people. When these procedures are used, it is important to understand that exceptions to the basic principles are being made. There should be no overlap or confusion between them and normal procedures. The Recruitment Code is at our website: www.civilservicecommissioners.gov.uk/publications_and_forms/ recruitment_code/index.asp 48 Civil Service Commissioners 150 Years 1855-2005 Appendix D Our role in senior competitions The Commissioners’ approval is required for appointments at the most senior levels in the Civil Service: Permanent Secretary level and Pay Bands 2 and 3 in the Senior Civil Service. We also approve senior appointments in government communication in Pay Bands 1 and 1A. A Commissioner usually chairs the appointment panel to help ensure fairness and openness in the recruitment and selection of the best person for the job. We always aim to make a practical, flexible contribution that takes full account of the post’s particular requirements. Benchmarking compares our approach favourably with similar processes in the public and private sectors. In practice, no two competitions are identical because no two jobs are identical, and the same can be said of our involvement. However, our participation in the selection process typically follows the pattern described here. The second sift is then carried out by the panel to produce a shortlist. These remaining candidates often meet line managers and might be interviewed by an occupational psychologist. This stage takes two to three weeks. The panel then carry out the final interviews. At each stage, the Commissioner seeks to ensure the selection criteria are soundly applied in assessing candidates, taking account of all the available evidence. Finally, the Commissioner reports the outcome of the competition to the department. If any problems have arisen, the Commissioner will share these with the other Commissioners and, if appropriate, also take up the matter with the department. Similarly, if the competition has revealed an example of good practice which could be applied more widely in the Civil Service, the Commissioners will feed this back to departments in their regular contacts with them. First, the Commissioner chairing the panel must be satisfied that the job and person descriptions are clear and accurate and that the advertisements are appropriately worded and placed. He or she will also help ensure that any other steps to attract suitable candidates are open and effective. This stage usually takes two to three weeks. After the advertisements appear, another two or three weeks are allowed for candidates to apply. Next, the panel carry out the first sift of applications to produce a longlist of candidates who will then be interviewed by the recruitment consultants. This takes three to four weeks. Annual Report 2004-2005 49 Appendices Appendix E Exceptions to selection on merit on the basis of fair and open competition The permitted exceptions to the principles of selection on merit on the basis of fair and open competition are set out in general terms in the Civil Service Order in Council. Our Recruitment Code gives more details. The exceptions include: • short-term appointments justified by the needs of the service or by the need to relieve long-term unemployment (eg to allow Civil Service participation in the Government’s New Deal programme); • secondments to promote the exchange of ideas and experience; • the re-appointment of former civil servants who had been recruited through fair and open competition; • limited transfers from other public services; • transfers into the Civil Service of staff whose functions have been taken over by government; • encouraging and assisting disabled people in the selection process in ways not available to other applicants (eg the guarantee of an interview); • exempting, since the beginning of 2002, people with disabilities in supported employment from the normal requirements for selection on merit on the basis of fair and open competition. Very exceptionally, we may agree to the conversion to permanency of a secondment or other short-term appointment not made through open competition. 50 Civil Service Commissioners 150 Years 1855-2005 Appendix F Freedom of Information Act We record here the requests for information under the Freedom of Information Act 2000 that we received during 2004-2005 since the Act came fully into operation at the beginning of 2005. We endorse the principle of transparency which the Act is intended to support. We have produced a publication scheme which has been approved by the Information Commissioner and shall look at ways to develop it so that information in which there might be public interest is available through our website. Because of the nature of our responsibilities, a certain amount of information that we hold should be exempted from disclosure, as provided for in the Act. This is particularly so in the area of senior recruitment where much of the information is personal; where there is a need to maintain confidentiality if free and frank advice or the free and frank exchange of views is not to be inhibited; or where legal privilege might be involved. In order to preserve confidentiality with regard to advice and the exchange of views, the First Civil Service Commissioner has been appointed a qualified person by the Minister for the Cabinet Office under Section 36 of the Act, enabling him or her to exempt such information from disclosure. During 2004-2005, we received one request for information under the Act. This was from BBC Wales and related to the appointment of the Counsel General, National Assembly for Wales and our correspondence with the National Assembly on this matter. We commented on this appointment in our annual report for 2003-2004. In response to the request, we disclosed documents relating to the appointment but excluded, either by document or redaction, information relating to individual persons, advice on the issues from our legal advisers and views on the issues by various parties involved with the appointment. Annual Report 2004-2005 51 Appendices Appendix G Documents Civil Service Commissioners HM Government Civil Service Order in Council 1995 www.civilservicecommissioners.gov.uk/ A Draft Civil Service Bill: A Consultation Document (Cm 6373) publications_and_forms/pdf/order-council_1995.pdf www.cabinetoffice.gov.uk/propriety_and_ethics/publications/pdf/ Diplomatic Service Order in Council 1991 www.civilservicecommissioners.gov.uk/ publications_and_forms/pdf/order-council_1991.pdf Civil Service Commissioners’ Recruitment Code www.civilservicecommissioners.gov.uk/ Cabinet_Office_Consultation_Bill_Cm_6373.pdf The Government’s Response to the Ninth Report of the Committee on Standards in Public Life (Cm 5964) www.cabinetoffice.gov.uk/propriety_and_ethics/ publications/pdf/9thgovres.pdf publications_and_forms/pdf/ocsc-code_apr05.pdf Civil Service Commissioners’ Guidance on Senior Recruitment Cabinet Office The Civil Service Code www.civilservicecommissioners.gov.uk/ www.cabinetoffice.gov.uk/propriety_and_ethics/ publications_and_forms/senior_recruitment/index.asp civil_service/civil_service_code.asp Appeal to the Civil Service Commissioners under the Civil Service Code Code of Conduct for Special Advisers www.civilservicecommissioners.gov.uk/ special_advisers/code.asp www.cabinetoffice.gov.uk/propriety_and_ethics/ publications_and_forms/html/appeal_leaflet/index.asp The Effectiveness of the Civil Service: Written Response by the Civil Service Commissioners to the Public Administration Select Committee House of Commons Select Committee on Public Administration www.civilservicecommissioners.gov.uk/ www.parliament.uk/parliamentary_committees/ publications_and_forms/doc/effectiveness_of_the_cs.doc public_administration_select_committee/ A Civil Service Bill: Written Response by the Civil Service Commissioners to HM Government pasc_civil_service_effectiveness.cfm www.civilservicecommissioners.gov.uk/ Committee on Standards in Public Life publications_and_forms/doc/ Annual Report 2003-2004 Ninth Report: Defining the Boundaries within the Executive: Ministers, Special Advisers and the permanent Civil Service (Cm 5775) www.civilservicecommissioners.gov.uk/ www.public-standards.gov.uk/reports/ publications_and_forms/pdf/annual/cscrep03.pdf 9th_report/report/report.doc evidence_to_the_government-22-feb.doc Civil Service Commissioners’ Information Leaflet www.civilservicecommissioners.gov.uk/ publications_and_forms/pdf/csc_brochure.pdf 52 Inquiry: Civil Service Effectiveness Civil Service Commissioners 18551856185718581859186018611 8621863186418651866186718681 86918701871187218731874187518 76187718781879188018811882188 3188418851886188718881889189 01891189218931894189518961897 18981899190019011902190319041 905190619071908190919101911191 2191319141915191619171918191919 20192119221923192419251926192 71928192919301931193219331934 19351936193719381939194019411 9421943194419451946194719481 94919501951195219531954195519 56195719581959196019611962196 31964196519661967196819691970 197119721973197419751976197719 78197919801981198219831984198 51986198719881989199019911992 1993199419951996199719981999 200020012002200320042005 design: www.spydesign.co.uk copy: www.sumnermedia.co.uk photography: Andrew Weekes; Patrick Brown-Egue © Crown copyright 2005 The Office of the Civil Service Commissioners 35 Great Smith Street London SW1P 3BQ www.civilservicecommissioners.gov.uk
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