234/1 ATTENDANCE. Mr Kit Chivers Mrs Anne Diamond Mr Michael Donnelly Mrs Deirdre Fitzpatrick Mrs Jill Gillespie Mrs Sarah Havlin Dr Margaret Ward

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1 TWO HUNDRED AND THIRTY-FOURTH MEETING OF THE GENERAL CONSUMER COUNCIL FOR NORTHERN IRELAND HELD AT ELIZABETH HOUSE, 116 HOLYWOOD ROAD, BELFAST, BT4 1NY, ON WEDNESDAY 20 APRIL 2011 AT A.M. 234/1 ATTENDANCE Mr Rick Hill Mr Kit Chivers Mrs Anne Diamond Mr Michael Donnelly Mrs Deirdre Fitzpatrick Mrs Jill Gillespie Mrs Sarah Havlin Dr Margaret Ward Chairperson IN ATTENDANCE Ms Antoinette McKeown Mrs Loretta Daly Mrs Carol Edwards Mr Scott Kennerley Ms Donna Magee Mr Aodhan O Donnell Mr Graham Smith Ms Elaine Topping Mrs Rhonda Allen Chief Executive Interim Head of Communications Head of Education Head of Transport Head of Finance and HR Director Acting Head of Water Director Senior Support Officer APOLOGIES Mr Colm Bradley Mrs Siubhan Grant Mr Bob McCann Mr Lee Wilson 234/2 CHAIRPERSON S BUSINESS 234/2.1 Declaration of Conflict of Interest The Chairperson advised members that any conflict of interest relating to agenda items should be recorded at the beginning of Council meetings. Should a member have a conflict of interest they should leave the meeting at that particular agenda item and the minutes would reflect this. He explained that the Chairperson would have the ability to define a conflict of interest and request members compliance if this arose. 1

2 The Chairperson informed members that given his position as Chair of Consumer Focus Post NI he would leave the meeting during any discussions. No other members declared a conflict of interest on any agenda item. 234/2.2 The Chairperson welcomed Graham Smith, temporary Acting Head of Water, to the meeting. 234/2.3 Members were advised that the remaining Chairperson s Business items would be dealt with at the end of normal business. 234/3 MINUTES OF PREVIOUS MEETINGS The minutes of the two hundred and thirty-third meeting which had been circulated, were agreed and signed. 234/4 MATTERS ARISING All matters arising were main agenda items. 234/5 FINANCE AND GOVERNANCE 234/5.1 Risk Register to 31 December 2010 The Audit Committee had reviewed the Risk Register and had recommended it to Council for approval. It was noted that the introduction of the revised Corporate Risk Register would take place in quarter one of the 2011/12 financial year. Members noted the Director s comments in relation to risks A, C, G and B which were also reflected in red on the Risk Register. Members approved the Risk Register. 234/5.2 Draft Budget 2011/12 It was noted that the budget presented reflected a number of uncertainties in relation to income as funding from government departments were unconfirmed and would remain so until new Ministers were in place. It was also noted that the operating plan would be defined in quarter one by high, medium and low level priority actions whilst the funding landscape stabilised. 2

3 Members agreed the draft budget with the understanding that departmental budgets had not yet been finalised and this may have an impact on the Consumer Council s final budget. It was agreed that if Ministers approved departmental budgets that a final budget would be brought to June Council. 234/5.3 Internal Audit Plan 2011/12 It was noted that the Audit Committee had discussed and agreed the 2011/12 plan. It was highlighted that the plan circulated was incorrect and that it should show payroll, pension and travel expenses (including Board remuneration) to be audited in 2011/12 and risk management and corporate governance had been audited in 2010/11. Members noted the 2011/12 Internal Audit Plan. 234/5.4 Key Business Risk - Information Management/Security Weakness The Director explained that information assurance was a matter of high priority for all public sector organisations, as was reflected in the specific references required at quarterly assurance and statement of internal control level of the governance framework. It was essential that, as a public authority, the Consumer Council managed all information and information assets to the standards defined by the NI Civil Service and regulatory bodies such as the Information Commissioner. It was noted that this risk was closely aligned to loss of credibility/reputation as information breaches brought with them public and regulatory scrutiny. Members noted the action plan including records management, training and management of information. As part of the action plan members would be provided with guidelines and advice on the retention, storage and disposal of all records accessed during their time with the Consumer Council. There would also be a procedure for returning records at the end of their period of tenure. Members noted the contents of the paper. They also agreed that they would assist management to ensure that all relevant actions were completed as and when required to ensure that the Information Management Risk was managed effectively and regulatory compliance was maintained. 234/6 CHIEF EXECUTIVE S BUSINESS 3

4 234/6.1 Proposed Transfer of Consumer Focus Post NI (CFPNI) to Consumer Council for NI (CCNI) The Chairperson left the meeting and the Sarah Havlin took the Chair. The Chief Executive reported that the Director of Corporate and Consumer Services had visited Consumer Direct in Northampton in early March A number of issues need to be addressed in relation to CCNI capability / funding requirements to enable the transfer of responsibility in respect of complaints advice following the cessation of the Office of Fair Trading (OFT) contract. A paper was being prepared for submission to the Department for Business Innovation and Skills (BIS). This would clearly set out the rationale for a handover of policy and complaints handling at the same time. It was noted that discussions were due to take place with Consumer Focus, and if necessary BIS, in relation to bringing forward the 2013 timescale for the transfer of responsibilities for policy work. Members discussed the current structures of CFPNI and the Consumer Council within the context of the required business need for this new area of work. (The Chairperson rejoined the meeting) 234/6.2 Operating Plan 2011/2012 As had been noted under the draft budget there were a number of variables and as such the operating plan would be defined in quarter one by high, medium and low level priority actions whilst the funding landscape stabilised. The second draft of the operating plan had been developed to reflect the priorities for consumers at this time and greater focus had been given to fuel poverty, financial capability and educating and empowering consumers. Rural consumers and issues specific to rural areas, the EU policy arena and the need to raise awareness of NI consumer issues had also been included in the second draft. It was noted that the corporate performance indicators were for the current year, not the life of the plan. It was also noted that any comments received from the corporate plan consultation may require changes to the operating plan. Members approved the 2011/2012 Operating Plan. 4

5 234/6.3 Performance against Objectives to 31 March 2011 It was noted that the majority of actions had been completed within agreed budget and time to produce the defined output and outcomes. A limited number of project completion dates had been deferred to 2011/12 and a small number of projects had been cancelled, primarily those which involved partnership working or the scope of the work had changed. Members noted that in addition to the planned work programme significant additional work had been undertaken during the 2010/2011 year. This included: Decision 2010 Budget 2011 Water Crisis Consumer Representation Water Crisis Report; and Election Manifesto Members commended the significant volume of quality work completed during the year and noted the report. 234/6.4 Strategic Updates The Chief Executive provided members with updates on: Fuel Poverty Coalition official launch; Election Manifesto and lobbying/briefing of main political parties; Forthcoming Programme for Government; and Annual Report and Year End Accounts 2009/10 The Chief Executive thanked the Acting Head of Communications and the team for the work undertaken in relation to the 2009/10 Annual Report. The Chief Executive advised that a number of other items would be taken under Chair s business at the end of normal business. 234/7 POLICY/STRATEGY 234/7.1 Complaints Report Quarter Four The Director advised that an annual report would be brought to the June meeting. It was noted that an outreach strategy to raise consumer 5

6 awareness of the Consumer Council s role was part of this year s operating plan. It was also noted that the work carried out with providers of services would continue alongside the outreach strategy. Members noted the complaints report. 234/7.2 Consultation Draft Rural White Paper Action Plan The Department of Agriculture and Rural Development (DARD) was consulting to seek views on the Rural White Paper Action Plan. The consultation sets out DARD s vision for rural areas, the key policy priorities to which the Executive is committed in respect of rural areas and the actions which individual departments propose to take in order to help ensure the future sustainability of rural areas. The Consumer Council s response wanted to reflect the reality of living, working and running businesses in a rural area. Members asked that the response included communication issues including mobile roaming and 4G provision. Members queried the evidence in relation to health and education facilities being located in areas which were only accessible to car users. The Director advised that the evidence had been gathered during consumer panels, he acknowledged that new builds may not have the same accessibility issues. Members were content with the evidence obtained through the consumer panels. It was agreed to check that the correct descriptor was being used when referring to levels of literacy and numeracy. Consideration should also be given where English was not the first language in many situations. Members asked that consideration be given to rewording the second sentence of bullet point 3 on page 4. It was also agreed to include reference to people with children and no footpaths in bullet point 4 on page 5. Members approved the consultation response with their comments to be taken onboard. 234/8 GROUP MINUTES 234/8.1 Utilities and Transport Policy Committee 6

7 The Minutes of the fifth meeting which had been circulated, were agreed by the members who had been present at the meeting. Council noted the Minutes. 234/8.2 Consumer Education and Money Affairs Policy Committee The Minutes of the fifth meeting which had been circulated, were agreed by the members who had been present at the meeting. Council noted the Minutes. 234/8.3 Audit Committee The Minutes of the fifty-second and fifty-third meeting which had been circulated, were agreed by the members who had been present at the meeting. Council noted the Minutes. 234/8.4 Business Committee The Minutes of the sixth meeting which had been circulated, were agreed by the members who had been present at the meeting. Council noted the Minutes. 234/9 OTHER REPORTS None to report. 234/10 DATE OF NEXT MEETING The next Council meeting was due to be held on Tuesday 21 June 2010 at a.m. The Chairperson asked members to note the date of the August meeting which was due to be held on 17th. STAFF LEFT THE MEETING (Kit Chivers and Margaret Ward left the meeting) 234/11 REMAINING CHAIRPERSON S BUSINESS In Attendance: Antoinettte, McKeown, Chief Executive Aodhan O Donnell, Director Elaine Topping, Director 234/11.1 Board and Committee Effectiveness and Structure Review 7

8 The Chairperson outlined the draft terms of reference and the overall objective of the proposed review. Following discussion on the scope of the review and proposed timescales Members agreed that, subject to funding confirmation, the review should progress to tender stage with tender panel members being drawn from the Business Committee. 234/11.2 Draft Corporate Plan and Equality Scheme The Chairperson provided an update on the draft Corporate Plan advising that it had been noted by the ETI Minister and Committee and that the 12 week consultation process started on 24 March The draft Equality Scheme was issued at the same time for completeness. The Chairperson noted the work completed by Nora Quigley on the Equality Scheme, which enabled the simultaneous consultation process. 234/11.3 Any Other Chair s Business 234/ Payroll Audit / Staffing Issues / 2009/10 Pay Award The Chairperson noted that the Annual Report 2009/10 had been published on 25 March, incorporating the Annual Accounts and the irregular payment position to 29 staff, totalling 230k over a period of 6 years. The Chief Executive provided an update on the ongoing work with the Department in relation to reaching a resolution to the irregular payment position in advance of the closure of the 2010/11 Annual Accounts. Members noted and agreed the action taken in relation to payroll audit irregular payment and the associated issues. 234/ Staff Fixed Term Contracts Members were provided with an update on fixed term contract usage in the Consumer Council and the work which was ongoing to ensure compliance with NICS terms and conditions and therefore the Management Statement and Financial Memorandum. The Chief Executive outlined the position regarding staffing requirements to deliver against the Corporate Plan

9 Members noted the position and the requirement to comply with NICS terms and conditions of employment. 234/ /10 Pay Award The Chief Executive noted that the 2009/10 Pay Award and Equal Pay (pay scale revalorisation element) had been processed in the March 2011 monthly salary run. 234/ Correspondence from Union Members The Chairperson tabled correspondence which he had received from the CCNI NIPSA representative, dated 5 April It was noted that a holding letter had issued in advance of the Council meeting. Following consideration and having had updates on the payroll audit, pay award and fixed term contract position Members agreed that the Chairperson should respond to the letter, noting the position of Council. The Chairperson confirmed that he would liaise with the Deputy Chairperson in advance of issue. 234/ Information Commissioner and Breach of Data Security It was confirmed that the Information Commissioner Office (ICO) had responded on 17 March 2011 advising that no regulatory action would be initiated. However the ICO instructed that current and future Council Members be made aware of the issues and warned that such action was not acceptable. Members were advised that new guidance will issue to Members regarding the holding and returning of Council documents during their time as Board members. This will address further the risk area discussed earlier at today s meeting (agenda item 234/5.4) There was no further business and the meeting closed at 1.20 p.m. Signed Date 9