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