Departmental Queries
Code of Practice: extensions and exemptions
Ministerial appointments to public bodies come within the remit of the
Commissioner's Code of Practice. Accordingly, it is important that the
procedures used in advertising and selection for a public appointment
follow the Commissioner's seven principles on open and fair
competition, merit and probity. It is important, also, that no person
should hold a public appointment for longer than ten years and that office
holders should not be automatically re-appointed for a term of office
without receiving a satisfactory assessment of their performance.
Occasionally, and under exceptional circumstances, an individual's term
of office can be extended e.g. to provide continuity if the organisation
concerned is undergoing a period of change. Applications for this or any
other type of exemption from the Code of Practice must be made in writing
by the sponsor department to the Commissioner. It should be emphasised,
however, that exemptions to the Code of Practice are only made under
exceptional circumstances.
Complaints
As regulator, the Commissioner will normally investigate any complaint
concerning an appointment process within their remit provided that the
appointment process has taken place within the preceding 12 months.
Complaints must be made in writing to the Commissioner. In 2002-03 the
Commissioner dealt with 30 complaints of which 6 were upheld or partially
upheld.
Audit
Following the 1995 Public Appointments Order, the Commissioner is required
to audit the policies and practices of appointing departments to ensure
that the Code of Practice is being observed. Consequently, an annual audit
is conducted in which a representative selection of departments, public
bodies and devolved administrations within the Commissioner's remit
have their appointment procedures investigated. This investigation focuses
on:
-
departmental guidance on appointment procedures; and
-
a sample of appointments made by ministers in that organisation during
the period in question
For further details of the 2005-2006 audit, please see the Eleventh Report
2005-2006 [PDF 1.14MB, 65 pages].
