DOCSLIB.ORG

Courts Service Corporate Governance Framework

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Courts Service Corporate Governance Framework Courts Service Corporate Governance Framework Updated February 2019 Table of Contents Foreword by Chief Executive Courts Service Overview........................................................................................................1 Board and Chief Executive - Governance Structure and Accountability..............................13 Senior Management Team and other Governance Structures............................................27 Audit, Assurance and Compliance Arrangements................................................................36 APPENDIX 1..........................................................................................................................43 Courts Service...................................................................................................................43 Making Protected Disclosures: Policy and Procedures....................................................43 APPENDIX 2..........................................................................................................................53 Courts Service...................................................................................................................53 Internal Communications policy......................................................................................53 APPENDIX 3..........................................................................................................................57 Organisational Structure..................................................................................................57 APPENDIX 4..........................................................................................................................62 The Courts Service Board Framework Document............................................................62 APPENDIX 5..........................................................................................................................76 Membership of the Courts Service Board – February, 2019............................................76 APPENDIX 6..........................................................................................................................76 Terms of Reference of the Board and Committees of the Board.....................................77 APPENDIX 7..........................................................................................................................92 Code of Conduct for Board Members..............................................................................92 APPENDIX 8..........................................................................................................................98 Terms of Reference for Learning and Development Committee.....................................98 APPENDIX 9........................................................................................................................101 Courts Service Internal Audit Charter............................................................................101 FOREWORD BY CHIEF EXECUTIVE The Courts Service is committed to the principles and practice of good governance which are fundamental to the effective operation of our organisation. The Courts Service was established as an independent State agency to manage and administer the courts and support the judiciary in the administration of justice. Since establishment we have put in place a robust governance framework to ensure that we achieve our purpose of providing the people, buildings, services and supports needed for the work of the Irish courts and the members of the judiciary; that we comply with all relevant laws, codes and directions and that we meet expectations of probity, accountability and transparency. This Governance Framework document has been prepared in line with the principles and requirements set out in the Corporate Governance Standard for the Civil Service taking into account the particular requirements of the Courts Service. It brings together for the first time the legislation, policies, processes, culture and values by which the Courts Service is directed, administered and controlled. The Framework enables us to monitor the achievement of our strategic objectives and to consider whether those objectives have led to the delivery of appropriate cost effective services which take account of the needs of court users, members of the judiciary and the wider public. Our governance arrangements are reviewed regularly to ensure they continue to reflect current best practice in corporate governance and support us in delivering on our objectives effectively, efficiently and transparently. Brendan Ryan Good governance is integral to the culture and the strategic and operational policies of our organisation. COURTS SERVICE OVERVIEW This document sets out the arrangements and structures for the governance and management of the Courts Service. Good governance is essential in providing direction and clarity and supports effective decision making. Governance relates to how we manage our organisation and achieve our organisational goals and objectives. It can be described as the set of responsibilities and practices, policies and procedures used to provide strategic direction, ensure objectives are achieved, risks are managed and resources used responsibly and with accountability. The Courts Service has strong governance arrangements in place at organisational and Board level providing a framework of rules and practices to ensure accountability, fairness and transparency across organisational activities. It is intended that the Framework will assist our staff to apply the principles of good governance in the management and delivery of services. It will also guide our customers and stakeholders in better understanding our organisation, our business and how we conduct our business. The Governance Framework reflects and is developed in the context of the Courts Service legislative framework under the Courts Service Act, 1998, in addition to the Code of Practice for the Governance of State Bodies, developments in the Civil Service Renewal Plan and the Civil Service Code of Standards and Behaviour. The Governance Framework is not fixed and evolves, in accordance with best practice, as the needs of the organisation and the needs of stakeholders develop. Governance Principles The governance of the Courts Service is based on the following principles: Supports a culture and ethos which ensure behaviour with integrity, a strong commitment to ethical values and respect for the rule of law Helps to define priorities and outcomes and to determine policies and interventions necessary to optimise their achievement Delivers effective accountability through good practices in transparency, reporting communications, audit and scrutiny Develops our capacity including the capability of the leadership team, management and staff 1 Manages risk and performance through robust internal control systems and effective performance management practices Ensures openness, effective public consultation processes and comprehensive engagement with stakeholders. About the Courts Service The Courts Service is an independent State agency, established by the Courts Service Act, 1998 to support the third branch of Government, the courts and judiciary. o The Courts Service is responsible for the administration and management of the courts in Ireland. Its primary functions are to manage the courts, support the judges, provide information on the courts system to the public, and provide court buildings and facilities for court users. The Service, through its offices in the Supreme Court, Court of Appeal, High Court, Circuit Court and District Court, together with the support Directorates established as part of the management structure for the Service, has responsibility for the management of all aspects of court support activities with the exception of judicial functions which are a matter exclusively for the judiciary. In this way the Courts Service is a key part of public service delivery working to ensure access to justice for all court users and others who rely on its services. Overview of Governance Framework The Courts Service Act, 1998 (as amended) is the legislative basis for the establishment of the Service. A Board framework document approved by the Board defines the governance framework for the Service and sets out the functions of the Board, the Chief Executive, and the Committees of the Board. It also outlines the appropriate levels of authority and delegation arrangements. It defines the communication strategy between the Chief Executive and the Chief Justice and Presidents of the Courts, between the Courts Service and the Minister for Justice and Equality and between the Courts Service, the public and the media. The Courts Service Act, 1998 provides that the Chief Executive Officer is the Accounting Officer for the Service and clearly defines the accountability framework in which the Service operates. This is supported by the governance framework and corporate governance arrangements within the Service. The Courts Service is accountable to the Minister for Justice and Equality, and through the Minister, to the Government. The Service must submit an annual Report to the Minister and such other information as the Minister may require. The Courts Service must also submit to the Minister an annual return in relation to its compliance with the Code of 2 Practice for the Governance of State Bodies. An annual Agency Framework Agreement is also in place with the Department of Justice and Equality
Load more

Recommended publications
  • Good Governance Standard for Public Services
    The Good Governance Standard for Public Services The Independent Commission on Good Governance in Public Services Good Governance Standard for Public Services © OPM and CIPFA, 2004 OPM (Offi ce for Public Management Ltd) CIPFA (The Chartered Institute of Public 252b Gray’s Inn Road Finance and Accountancy) London 3 Robert Street WC1X 8XG London tel: 020 7239 7800 WC2N 6RL fax: 020 7837 5800 tel: 020 7543 5600 email: offi [email protected] fax: 020 7543 5700 web: www.opm.co.uk web: www.cipfa.org.uk ISBN: 1 898531 86 2 This book may not, in part or in whole, be copied, photocopied, translated or converted into any electronic or machine-readable form without prior written permission from OPM or CIPFA. Design and layout by Amanda Little Printed by Hackney Press Ltd II Good Governance Standard for Public Services Contents Membership of the Commission .....................................................................................iv Foreword ......................................................................................................................v About the Commission ..................................................................................................vi Using the Standard ....................................................................................................... 1 Principles of good governance ....................................................................................... 4 1. Good governance means focusing on the organisation’s purpose and on outcomes for citizens and service users ..................................................................7
    [Show full text]
  • State of Federal Information Technology
    State of Federal Information Technology January 2017 The State of Federal IT Federal of State The THE STATE OF FEDERAL IT About the Report The State of Federal IT report represents more than six months of work by the Federal CIO Council (CIOC), in partnership with GSA’s Office of Government-wide Policy (OGP), to provide an independent, comprehensive analysis of the current Federal IT environment. The CIOC and OGP provided the core project management team and enlisted the support of a liaison from the Office of the Federal CIO to provide data and relevant artifacts and to facilitate the research for the report. The CIOC enlisted the support of two contractor teams to create content for the report. The first team of REI Systems, Inc., and Incapsulate, LLC, focused on the perspectives of Federal agencies and a detailed analysis of the current policy landscape. The second team, Gartner, Inc. focused their research on how to leverage lessons learned and leading practices from organizations outside the Federal space. To carry out their research, the teams conducted more than 45 interviews with agency CIOs, the Federal CIO and DCIO, and Federal CISO and DCISO, and numerous other Federal IT leaders. Underpinning these interviews was rigorous policy analysis, evaluation of publicly available agency IT strategy documents such as Information Resource Management plans, and review of public reports/data on Federal IT such as the IT Dashboard. STATE OF FEDERAL IT REPORT / PUBLIC RELEASE VERSION 1.0 SOFIT-2 The State of Federal IT Federal of State The THE STATE OF FEDERAL IT Acknowledgements This report would not be possible without the tireless efforts of REI Systems, Inc; Incapsulate, LLC; and Gartner, Inc.
    [Show full text]
  • Corporate Governance Standard for the Civil Service
    Corporate Governance Standard for the Civil Service 0 Contents Introduction ........................................................................................... 1 Governance Principles, and Overview of Governance Framework .. 3 Chapters Chapter 1 - Department Overview ........................................................ 7 Chapter 2 - Ministerial and Senior Management Roles & Assignment of Responsibilities ..................................... 10 Chapter 3 - Management Board and other Governance Structures 16 Chapter 4 - Audit, Assurance and Compliance Arrangements ........ 22 Chapter 5 - Bodies under the Aegis of the Department ................... 26 Appendix A .......................................................................................... 30 Appendix B .......................................................................................... 33 1 Introduction Good Governance Good governance is central to the effective operation of Government Departments; it is vitally important in effectively discharging their statutory and policy obligations. It ensures that a framework of structures, policies and processes are in place to deliver on these obligations and it allows for an objective assessment of management and corporate performance. The development and implementation of Departments’ Governance Frameworks should be clearly led at senior management level. Scope of Standard The focus of this Standard is on Government Departments (i.e. all Departments and Central Government Offices in the Civil Service1, hereafter
    [Show full text]
  • Schering-Plough Corporation ______Corporate Governance Guidelines (Approved by the Board of Directors on July 10, 2007)
    Schering-Plough Corporation ______________________________ Corporate Governance Guidelines (Approved by the Board of Directors on July 10, 2007) Schering-Plough Corporation is committed to the patients who use our products – through the innovative discovery, development and marketing of new therapies and treatment programs that can improve their health and extend their lives -- while providing solid long- term performance to shareholders. Schering-Plough has long recognized good corporate governance as one key to achieving its commitment, first adopting its Statement of Corporate Director Policies in 1971, which among other things required that a majority of the Board be independent. Schering-Plough’s Vision is “to earn trust every day.” These Corporate Governance Guidelines are fundamental to achieving our mission. Board Composition and Director Qualifications. Directors are recommended for nomination by the Nominating and Corporate Governance Committee and are nominated by the full Board. The Nominating and Corporate Governance Committee annually assesses the needs of the Board and recommends the criteria for selecting new Directors. All nominees must meet the following minimum criteria for Directors: 1. Nominees have the highest ethical character and share the values of Schering-Plough as reflected in the Leader Behaviors: shared accountability and transparency, cross- functional teamwork and collaboration, listening and learning, benchmark and continuously improve, coaching and developing others and business integrity. 2. Nominees are highly accomplished in their respective field, with superior credentials and recognition. 3. The majority of Directors on the Board are required to be independent as required by the New York Stock Exchange listing standards and the more restrictive Schering-Plough Board Independence Standard set forth below.
    [Show full text]
  • Governance Framework 2019
    GOVERNANCE FRAMEWORK 2019 Contents Joint Foreword from Chair and Chief Executive .....................................................................................................4 Introduction to the PAS Governance Framework ....................................................................................................5 Background ............................................................................................................................................................5 1. Good Governance ..........................................................................................................................................5 2. Scope of Standard ...........................................................................................................................................5 3. Context of Civil Service Renewal Plan ........................................................................................................6 4. Links with Existing Guidance on Governance.............................................................................................6 5. Flexibility within this Standard.......................................................................................................................6 6. Publication of Governance Arrangements .................................................................................................7 7. Constitutional and Legal Framework ...........................................................................................................7 Key requirements
    [Show full text]
  • Courts Service Ireland
    Response questionnaire project group Timeliness Courts' Service Ireland 1 The Court System and Available Statistics 1.1 The Court System The Irish justice system consists primarily of four tiers of courts; the District Court, the Circuit Court, the High Court and the Supreme Court. The District Court is the lowest court, having jurisdiction over minor civil and criminal matters. The civil jurisdiction does not exceed €6,348.69. For criminal matters the Court only hears minor offences. It only hears criminal cases where the maximum custodial sentence permitted upon conviction is 12 months or up to 2 years where a consecutive sentence is imposed. The District Court also has some jurisdiction in the family law area. Proceedings in Family Law are not heard in open court and are as informal as is practicable. The District Court also has wide powers in relation to liquor and lottery licensing. The Circuit Court has jurisdiction in most criminal jury trials and civil matters with a jurisdiction not exceeding €38,092.14. It also hears appeals from the District Court. The Circuit and High Court have concurrent jurisdiction in the area of Family Law. The Circuit Court has jurisdiction in a wide range of family law proceedings, (judicial separation, divorce, nullity and appeals from the District Court). The High Court has full and original jurisdiction in all matters and is the constitutional Court of first instance. In terms of its criminal jurisdiction, it sits as the Central Criminal Court and has jurisdiction over the most serious criminal trials, including those relating to murder, rape and serious sexual offences.
    [Show full text]
  • Commission on Public Service Governance and Delivery: Full Report
    Commission on Public Service Governance and Delivery Full Report January 2014 Printed on recycled paper Print ISBN 978 1 4734 0837 1 Digital ISBN 978 1 4734 0836 4 © Crown copyright 2014 WG19847 Contents Foreword Chapter 1: Introduction 1 Chapter 2: Complexity 21 Chapter 3: Scale and Capability 67 Chapter 4: Governance, Scrutiny and Delivery 114 Chapter 5: Leadership, Culture and Values 160 Chapter 6: Performance and Performance Management 190 Chapter 7: Our Diagnosis 251 Annex A: Commission Member Biographies 266 Annex B: Commission Remit 269 Annex C: Written call for evidence – service providers 272 Annex D: Written call for evidence – service users 285 Annex E: List of responses 287 Annex F: Complexity – Detailed Reasoning and Recommendations 292 Annex G: Complexity – Health and Adult Social Care 304 Annex H: Scale and Capability – Details of Merger Proposals 316 Annex I: Leadership, Culture and Values – Public Service Values 328 Annex J: List of Recommendations 334 Errata This version of the Commission’s report corrects two minor typographical errors in the original: 1. In paragraph 4.99 on page 147, the name of NHS Wales’s performance website has been corrected and is now shown as a hyperlink. 2. In the table on page 322 (Option 2b: 11 local authorities) the population figure for Neath Port Talbot has been corrected. There is a minor consequential change to the figure for projected Band D council tax for the merged area in the same table. Foreword In April 2013 the First Minister for Wales established the Commission on Public Service Governance and Delivery. We were tasked with examining all aspects of governance and delivery in the devolved public sector in Wales.
    [Show full text]
  • Author Guidelines for 8
    Proceedings of the 54th Hawaii International Conference on System Sciences | 2021 Implementing Global Business Services in a Plural Sourcing Context: Conceptualizing Modes of Service Governance Albert Plugge Shahrokh Nikou Delft University of Technology Åbo Akademi University & The Netherlands Stockholm University [email protected] [email protected] Abstract During the last decade firms decided to bundle in - house and outsourced business services and create To increase organizational responsiveness, firms flexibility to cater for changing internal circumstances. nowadays seek various approaches in delivering This approach resulted in a plural sourcing global shared business services. Today, global arrangement [7]. Today, plural sourcing is considered operating firms apply a plural sourcing model that to be the modus operandi of firms [8]. Literature consists of both in-house and outsourced business demonstrates multiple explanations for plural sourcing, services. As such, service governance is needed to ranging from safeguarding against vendor opportunism manage interdependencies between vendors, both in - [9] to complementarity of knowledge and incentives house and outsourced. However, as far as we know no [7]. In contrast to make-or-buy relationships, plural study has yet addressed how global business services sourcing arrangements create an inherent coordination are governed within the context of plural sourcing. We problem. Hence, service governance is needed to conducted 68 semi-structured interviews with executive manage interdependencies between vendors (e.g., in- management of international firms and distributed a house and outsourced). survey questionnaire to explore service governance As far as we know, no study, however, a ddressed modes. As a result, we identify five service governance how global business services are governed within the modes: regional, global, centralized, de-centralized context of plural sourcing.
    [Show full text]
  • Courts Service Annual Report 2020
    Courts Service Annual Report 2020 Mission Statement“ To manage the courts, support the judiciary and provide a high quality and professional service to all users of the courts. Table of Contents At a glance1 Glossary of terms 2 Structure of the Courts 5 Foreword by the Chief Justice and Chairperson of the Board ��������������������6 Chapter 1: About the Courts Service ����������������������������������������������������������8 Chapter 2: The year in review 15 Chapter 3: The year in numbers ���������������������������������������������������������������38 Chapter 4: Governance and transparency 118 Chapter 5: Legislative provisions and reports of the Rules Committees 130 Chapter 6: Financial statements 139 Chapter 7: Additional Information 152 2020 At a glance | 1 0 €1.981bn €5.436m 2,411 Record of Covid-19 Court funds Covid-19 related Remote Court being acquired managed expenditure sessions in 2020 or transmitted in any workplace or courtroom At a glance Capital Members of staff Training Days Irish Prison expenditure availed of our fi rst virtual delivered Service remote classroom sessions appearances €66.1m 140 1,300 13,326 Delivering excellent services to court users; working in partnership 2020 2030 2 | Courts Service Annual Report 2020 Glossary of Terms Appeal – a proceeding, taken by a party to a Defendant – a person against whom an action case who is dissatisfi ed with a decision made, is brought; a person charged with a criminal to a court having authority to review or set offence. aside that decision. Emergency care order – an order placing a Barring order – an order preventing the child under the care of the Child and Family person against whom the order is made (‘the Agency (Tusla) for a maximum period of eight respondent’) from entering the family home days if the court considers that there is a or using or threatening violence against serious risk to the health or welfare of a child.
    [Show full text]
  • The Good Governance Guide for NHS Wales Boards
    AcademiWales 1 The Good Governance Guide for NHS Wales Boards Doing it right, doing it better Acknowledgements Academi Wales would like to thank Mike Ponton for his leading contribution in the development of this guide and wish to acknowledge the contributions made by the following individuals: Jo Carruthers, Andrew Goodall, Steve Combe, Paul Schanzer, Hannah Evans, Alun Lloyd and Andrew Bunn. The content of this guide includes regular citations of literature and quotations. In particular, extensive use of material derived from the Welsh Government NHS Wales governance e-manual, the Welsh NHS Confederation’s governance e-handbook and Pocket guide to governance, the Welsh Government’s fourth edition of Setting the Direction - A Board Member’s Guide, and the NHS England Leadership Academy’s publication The Healthy NHS Board 2013 – Principles of Good Governance. About the guide The guide is in two parts: first guidance on the characteristics of good governance in public service as a whole; second, a detailed exposition of corporate governance in the NHS in Wales. The framework for the guide is based on the Welsh Government’s Citizen-Centred Governance Principles, which apply to all public bodies in Wales. These principles integrate all aspects of governance and embody the values and standards of behaviour expected at all levels of public services in Wales. The guide will support public service organisations in defining and implementing their governance arrangements. It provides direction, guidance and support to Board members and staff to enable them to fullfil their own responsibilities and ensure their organisations meet the standards of good governance set for the public service in Wales.
    [Show full text]
  • To Manage the Courts, Support the Judiciary and Provide a High-Quality and Professional Service to All the Courts
    THE COURTS SERVICE ANNUAL REPORT 2000 The Courts Service The effective operation of the courts system is a critical element of the well-being of any society. Courts, by virtue of their role, have a significant impact on lives and welfare. Their effectiveness is therefore of considerable importance. Effectiveness is not influenced solely by the manner in which cases are dealt with by judges in the courtroom environment, but also by the administrative and institutional framework which exists to support and facilitate the operation of the courts. In Ireland, this framework is provided by the Courts Service, which was established on 9 November, 1999 following on from the enactment of the Courts Service Act, 1998. Mission Statement To manage the courts, support the judiciary and provide a high-quality and professional service to all the courts 1 THE COURTS SERVICE ANNUAL REPORT 2000 The Courts Service The effective operation of the courts system is a critical element of the well-being of any society. Courts, by virtue of their role, have a significant impact on lives and welfare. Their effectiveness is therefore of considerable importance. Effectiveness is not influenced solely by the manner in which cases are dealt with by judges in the courtroom environment, but also by the administrative and institutional framework which exists to support and facilitate the operation of the courts. In Ireland, this framework is provided by the Courts Service, which was established on 9 November, 1999 following on from the enactment of the Courts Service Act, 1998. Mission Statement To manage the courts, support the judiciary and provide a high-quality and professional service to all the courts 1 THE COURTS SERVICE ANNUAL REPORT 2000 Foreword by the Chief Justice I am very pleased to write this foreword for this, The information contained in this Report, the first Annual Report of the Courts Service.
    [Show full text]
  • Supreme Court Annual Report 2020
    2020Annual Report Report published by the Supreme Court of Ireland with the support of the Courts Service An tSeirbhís Chúirteanna Courts Service Editors: Sarahrose Murphy, Senior Executive Legal Officer to the Chief Justice Patrick Conboy, Executive Legal Officer to the Chief Justice Case summaries prepared by the following Judicial Assistants: Aislinn McCann Seán Beatty Iseult Browne Senan Crawford Orlaith Cross Katie Cundelan Shane Finn Matthew Hanrahan Cormac Hickey Caoimhe Hunter-Blair Ciara McCarthy Rachael O’Byrne Mary O’Rourke Karl O’Reilly © Supreme Court of Ireland 2020 2020 Annual Report Table of Contents Foreword by the Chief Justice 6 Introduction by the Registrar of the Supreme Court 9 2020 at a glance 11 Part 1 About the Supreme Court of Ireland 15 Branches of Government in Ireland 16 Jurisdiction of the Supreme Court 17 Structure of the Courts of Ireland 19 Timeline of key events in the Supreme Court’s history 20 Seat of the Supreme Court 22 The Supreme Court Courtroom 24 Journey of a typical appeal 26 Members of the Supreme Court 30 The Role of the Chief Justice 35 Retirement and Appointments 39 The Constitution of Ireland 41 Depositary for Acts of the Oireachtas 45 Part 2 The Supreme Court in 2020 46 COVID-19 and the response of the Court 47 Remote hearings 47 Practice Direction SC21 48 Application for Leave panels 48 Statement of Case 48 Clarification request 48 Electronic delivery of judgments 49 Sitting in King’s Inns 49 Statistics 50 Applications for Leave to Appeal 50 Categorisation of Applications for Leave to Appeal
    [Show full text]