The civil service chief, the quango watchdog, and their frosty letters
Friday, 14 November 2008
Friction between Northern Ireland's public appointments watchdog and a top Government official has been revealed in newly-released correspondence.
Civil service head Sir Nigel Hamilton and Commissioner for Public Appointments Felicity Huston exchanged increasingly frosty letters earlier this year, following Mrs Huston's appearance at an Assembly committee.
As Commissioner, Mrs Huston oversees appointment processes for quango boards and other public posts.
She gave evidence to Stormont's Public Accounts Committee (PAC) in April, voicing a number of strong criticisms of current practices.
The Commissioner told MLAs that Departments were failing to “face down” potential appointees on conflict of interest issues. She also claimed that civil servants regularly sought to circumvent the rules.
“There is a code of practice. However, I think I could best sum up the attitude that I see on a daily basis by mentioning a phone call that one of my officials took recently from a civil servant who said: ‘well we know who we want to appoint, now how do we get round this code of practice'. “That is what I deal with on an almost daily basis,” Mrs Huston stated.
Sir Nigel wrote to the Commissioner in May, seeking “further information and clarification” on her remarks.
His letter stated: “My senior colleagues and I across all departments take our responsibilities in relation to public appointments very seriously hence our desire to have as much up to date and relevant knowledge of current practice across departments.
“The allegations you made to the PAC are extremely serious and I believe that they must be addressed robustly. I would be grateful therefore if you would provide me with details of the evidence on which you based your comments to the Committee to allow my Permanent Secretary colleagues and I to consider how best to address these performance issues.”
In reply, Mrs Huston said there were “widespread failures” by departments in complying with her code of practice, “some major, some minor”.
Her letter also said some of these failings are raised directly with departments or senior officials.
“Indeed the evidence I gave to PAC regarding the civil servant who stated ‘we know who we want to appoint, now how do we get round the code of practice' was reported separately to you in my correspondence dated 10th May 2007.”
The Commissioner said she was reluctant to divulge names, as it would “affect personal confidentiality” and the perception of her office. But she stressed that she was “more than willing” to discuss matters with Sir Nigel and his senior colleagues.
The civil service head replied in June, again requesting information to support the assertions Mrs Huston had made to the PAC. His letter stated: “Otherwise, I will be obliged to conclude that these assertions are without foundation.”
On the Commissioner's reference to the correspondence from May 2007, Sir Nigel disputed that the comment attributed to an official was “representative of a wider attitude” in the civil service.
Noting the date when it was raised, he said it was “neither recent nor a daily occurrence”.
The civil service chief also stated that he and his senior colleagues “are prepared to take remedial action” where necessary but “cannot take this forward without detailed evidence from you”. Mrs Huston replied a few days later, emphasising her reluctance to provide names and again offering a meeting.
She also stated: “Your latest correspondence appears to be demanding yet more written examples rather than addressing the inherent problems within the administration of the public appointments process.
“I deeply resent your suggestion that I would give unsubstantiated evidence to an Assembly Committee.”
The Commissioner reiterated her willingness to meet Sir Nigel and added that she had also offered to assist in “the provision of adequate training” for departments.
She added: “I can only say at this stage that this offer is still on the table and perhaps your successor would be the most appropriate official with whom to progress these matters.”
Mrs Huston's letter concluded by wishing Sir Nigel good luck on his imminent retirement. In her annual report published last week, the Public Appointments Commissioner expressed concern about a lack of genuine independence from Government.
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Some stands up to these civil servants. After all the fuss about bonuses for senior civl servants, it's lovely to see that a senior public figure like Felicity Huston has the guts to stand up for what is right. Taking on people at the highest levels like the Head of the Civil Service cannot be easy.
Posted by Alan Hobart | 14.11.08, 10:18 GMT