Tynwald Commissioner for Administration

Information Pack

December 2018

Contents

Public Notice ...... 2

Recruitment Process ...... 3

Background Information ...... 4

Role Profile ...... 6

Person Specification ...... 7

Corporate Governance ...... 8

Conflicts of Interest ...... 9

1

Public Notice

Tynwald Commissioner for Administration

Applications are invited for this a statutory role with responsibility for providing independent oversight and scrutiny of the administrative processes and decisions of public bodies in the .

If you have the specific skills, enthusiasm and passion for outstanding public service, you may be ideally suited to this role.

The information pack and application form are available at www.gov.im/public-appointments. Printed versions of the pack and form are available from the Cabinet Office on request: tel: 01624 685711 or email [email protected] .

The closing date for receipt of applications is Thursday, 10 January 2019 at 5.00pm.

Please note applications received by the Cabinet Office after this time will not be considered.

2

Recruitment Process

The application process for public appointments is fair, open and transparent with appointments being made on merit, based on a person’s skills and experience. Members of the public are invited to review the details contained within this information pack relating to the role of Tynwald Commissioner for Administration (‘the Commissioner’) and give consideration to the skills and experience required to serve.

Interested applicants are invited to submit a completed application form which may be accompanied by a CV.

Applicants should preferably state in their application how they satisfy each of the attributes of the Person Specification (see page 6). This could be in the form of a table following the format of the Person Specification.

Applications can be completed and submitted via www.gov.im/public-appointments. Alternatively applications can be submitted via email to [email protected] or by post to the Cabinet Office, Government Office, Bucks Road, Douglas, Isle of Man, IM1 3PN.

The closing date for receipt of applications is Thursday, 10 January 2019 at 5.00pm.

Please note applications received by the Cabinet Office after this time will not be considered.

The recruitment process is as follows:

 All applications received will be assessed against the person specification (see page 6)

 Shortlisting and interviews will be undertaken by a ‘Selection Committee’1, which will consist of the following members (as required under legislation):

Hon Juan P Watterson SHK (Chair of the Tynwald Management Committee)

Mr MLC (Vice Chair – Tynwald Public Accounts Committee) (on behalf of the Chair, Hon SHK)

Hon MHK (Chief Minister)

 Short-listed applicants will be invited to attend an interview on Monday, 28 January 2019

 The Selection Committee is required to make a recommendation of appointment to Tynwald

 The decision to appoint will be made by Tynwald

 It is envisaged that the Commissioner of Administration will take up responsibility for the role in February 2019 following the decision of Tynwald

 Please note references and a Disclosure and Barring Service check will be required prior to appointment

1 As required by Schedule 1, Tynwald Commissioner for Administration Act 2011 3

Background Information

The Tynwald Commissioner for Administration Act 2011 (‘the Act’) makes provision for the appointment and functions of the Commissioner.

Term of appointment

The term of appointment will be determined by the Selection Committee in line with Schedule 1, Paragraph 4 of the Act. The Selection Committee will be looking for candidates to make a 3 year commitment to the role.

Time Commitment

The amount of preparation time is difficult to quantify as it is dependent on the subject matter of specific papers, however it is likely to take a number of hours in both reading the papers, and background research.

The time commitment may vary significantly. As an assessment based on the initial one year establishment period of the role, it is anticipated this commitment may be equivalent to 10 hours per month.

Office Accommodation

An office accommodation will be available at the ’s Office, Legislative Building, Finch Road, Douglas, Isle of Man, IM1 3PW.

Remuneration

Payment will be in line with that of a Legally Qualified Tribunal Chair which is based on £89.50 per hour for the time required to cover preparation, hearings and report writing. This will include any administrative support.

Privacy Notice

Applications will be processed by the Cabinet Office. The Cabinet Office Privacy Notice can be found here: www.gov.im/co-privacy . Should you have any queries, contact the Cabinet Office Data Protection Officer [email protected] or telephone 686779.

Further information

If you wish to obtain information relating to the specific position, please contact: Mr Malachy Cornwell-Kelly Tynwald Commissioner for Administration Email: [email protected] Tel: 01624 834126 alternatively you may contact the Speaker of the :

Hon Juan Watterson, SHK Email: [email protected] Tel: 01624 685500

4

5

Role Profile

General Functions

The general functions of the Commissioner will be to investigate the actions and service failures of listed authorities, as stated under the Act. This role will bring a further degree of scrutiny and challenge to the work of the and other public bodies. The Commissioner will be an officer of Tynwald and will undertake investigations, subject to directions given by Tynwald, in line with the Act.

Overview of the responsibilities of the Commissioner

The Commissioner has the duty to enforce the provisions as set out in section 7 of the Act.

Disqualification

A person is not eligible to be a candidate for appointment as the Commissioner if that person is:

(a) a member of Tynwald; (b) a member or officer of a local authority; (c) a member or officer of a body that is required to have its accounts inspected in accordance with the ‘Audit Act 2006’; (d) an officer of Tynwald or a Branch of Tynwald (other than the Tynwald Auditor General); (e) a member of the staff of Tynwald or a Branch of Tynwald; (f) an officer or servant of a Department or a Statutory Board;

Note: A person who would be disqualified for appointment as Commissioner may nevertheless (a) be considered as a candidate if the person undertakes to resign the office or employment if appointed as Commissioner; and (b) be appointed as Commissioner once the person’s resignation from the office or appointment by virtue of which he or she is disqualified has become effective.

Specialist skills, experience and qualifications

The Commissioner is required to have appropriate and extensive knowledge and experience of the laws of the Isle of Man; and will command the confidence of the public and Tynwald.

There is a requirement for the Commissioner to have a law degree or relevant equivalent qualification. The Commissioner should have experience of working in a legal or regulatory environment, and of ensuring compliance with legislative requirements. An ability to command trust and respect in dealing with contentious issues is required. Some experience or knowledge of the Isle of Man public service and its constitution, organisation and operation would be advantageous.

The successful applicant will have the ability to objectively analyse and review complex issues, weigh-up conflicting opinions and identify appropriate actions for improvement.

More detailed information relating to this role, including the powers and functions of the Commissioner, can be found in the Tynwald Commissioner for Administration Act 2011 at:

www.legislation.gov.im/cms/images/LEGISLATION/PRINCIPAL/2011/2011- 0013/TynwaldCommissionerforAdministrationAct2011_6.pdf

Copies of the Act can also be obtained from the Tynwald Library at Tel: 01624 685520

6

Person Specification

Attributes, Skills, Knowledge and Experience

The following requirements are essential:

 A professional legal or regulatory qualification or equivalent

 Experience of having worked in a legal or regulatory environment

 Demonstrable experience of ensuring compliance with legislative requirements

 Ability to objectively analyse and review complex issues, weigh-up conflicting opinions and identify appropriate actions

 Experience of undertaking investigations and reporting

 Sound decision making; well-reasoned after full consideration of implications

 Acts with integrity and ensures impartiality at all times

 Excellent communication skills; able to communicate effectively with both members of the public and officers in Government at all levels

 Ability to command trust and respect in dealing with contentious issues

 Commitment to ‘The Seven Principles of Public Life’

 Ability to manage a changeable workload, able to prioritise conflicting demands in high pressure situations whilst making best use of available, set resources

The following requirements are desirable:

 Understanding or knowledge of the structure and functioning of Government, especially in the Isle of Man

 Previous experience of acting in an ombudsman type role

 Experience of preparing accounts

7

Corporate Governance

The Seven Principles underpinning public life are:

The Government Code details the seven principles of public life, which apply to any person holding a public appointment. The principles of public life are as follows:

Selflessness Holders of public office should take decisions solely in terms of the public interest. They should not do so in order to gain financial or other material benefits for themselves, their family, or other friends.

Integrity Holders of public office should not place themselves under any financial or other obligation to outside individuals or organisations that might influence them in the performance of their official duties.

Objectivity In carrying out public business, including making public appointments, awarding contracts, or recommending individuals for rewards and benefits, holders of public office should make choices on merit.

Accountability Holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office.

Openness Holders of public office should be as open as possible about all the decisions and actions that they take. They should give reasons for their decisions and restrict information only when the wider public interest clearly demands.

Honesty Holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects the public interest.

Leadership Holders of public office should promote and support these principles by leadership and example.

All candidates who put themselves forward for public appointment must be able to demonstrate their commitment to the principles and values of public service. It is important that the candidate’s commitment to the probity principle is tested and assessed at interview.

8

Conflicts of Interest

What is a conflict of interest?

Public Appointments require the highest standards of propriety, involving impartiality, integrity and objectivity, in relation to the stewardship of public funds and the oversight and management of all related activities. This means that any private, voluntary, charitable or political interest which might be material and relevant to the work of the Tynwald Commissioner for Administration must always be declared.

A conflict of interest arises when a member of staff might reasonably be perceived by a member of the public to be likely to be biased, partial, or otherwise personally interested in the outcome of dealings between citizen, business or organisation and the Government. There is always the possibility for real or perceived conflicts of interest to arise. Both are potentially a problem, as the perceived inference of a conflict may, on occasions, be as damaging as the existence of a real conflict.

It is important, therefore, that you consider your circumstances and identify any potential conflicts of interest, whether real or perceived.

What should I do if I think I have a conflict of interest?

You will find a section on conflicts of interest in the application form for you to complete. This asks you to consider and declare whether or not you have a real, or perceived, conflict. If you are unsure that your circumstances constitute a possible conflict, you should still complete this section, in order to give the Selection Panel as much information as possible.

If you are shortlisted for interview, the Selection Panel will explore with you how far the conflict might affect your ability to contribute effectively and impartially and how this might be handled.

What happens if I do not declare a known conflict, which is then discovered later?

Each case would be considered on its merit, but a view may be taken that by concealing a conflict of interest, you would be deemed to have breached the Seven Principles of Conduct Underpinning Public Life and your appointment terminated.

Areas where a conflict could arise

Conflicts of interest could arise in a variety of ways, however there are a number of main issues, which could lead to real, or apparent, conflicts of interest such as:

 Relevant outside financial or other interests  Relationships with parties/organisations which could lead to split loyalties, real or perceived;  Knowledge of emerging Government Policy which could give unfair personal advantage to individuals or groups with allied business interests – for example, access to privileged information eg trade secrets or commercially confidential information;  Perception of rewards for past contributions or favours;  Family relationships;  Area of residence;  Membership of some societies or organisations. 9

No one should use, or give the appearance of using, their public position to further their private interests, those of their families or organisations in which they may have an interest. This is particularly important, as it could raise considerable concern with the public and lead to media or other attention.

The above are examples only, so you should consider carefully your own circumstances to gauge whether or not a real, or perceived, conflict might exist.

10

This document can be provided in large print or audio tape on request

This document can be provided in large print or audio format on request

Cabinet Office Government Office Bucks Road IM1 3PN tH IS

11