governance framework - pra i · this governance framework has been prepared in line with the...
TRANSCRIPT
Foreword
This Governance Framework 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 context of the Property Registration Authority.
The effective operation of these procedures and governance practices is essential for
proper management and control within the Authority. It builds credibility with
stakeholders such as the Dáil, the taxpayer, clients, the Department of Justice and
Equality, the Department of Public Expenditure and Reform, the Comptroller and
Auditor General and other groups. In addition the adherence to well documented
procedures and controls puts staff in the Authority in a position to perform their duties
in an open and transparent manner.
The framework document is intended to act as a supplement to, and has drawn upon
material from other official material which sets a wide range of governance
requirements; Public Financial Procedures, Various Department of Finance and
Department of Public Expenditure and Reform circulars, and, of course, a range of
internal practices, procedures and controls.
Good governance is not the sole concern of designated senior managers, but must
be pervasive throughout an organisation. The document therefore seeks to provide a
key support to the management and staff of the Property Registration Authority in
pursuit of best practice in relation to good corporate governance. I welcome its
publication and indeed the opportunity it provides to review and, where necessary,
update our governance arrangements.
Frank Treacy Chief Executive Officer 28 April 2016
Contents
1. CORPORATE GOVERNANCE IN THE PRA – AN OVERVIEW ....................... 1
1.1 Purpose ............................................................................................................................ 1
1.2 Introduction ..................................................................................................................... 1
1.3 Mission ............................................................................................................................. 2
1.4 Values............................................................................................................................... 2
1.5 Standards, Behaviours and Ethics ............................................................................... 4
1.5.1 Code of Standards and Behaviour for civil servants ................................................ 4
1.5.2 Ethics and Statements of Interests .......................................................................... 6
1.6 Protected Disclosures .................................................................................................... 6
1.7 Organisational Governance Structure .......................................................................... 7
1.8 Strategic Planning, Decision Making & Performance Management ........................ 10
1.8.1 Strategic Planning Process .................................................................................... 11
1.8.2 Business Planning Process .................................................................................... 11
1.8.3 Workforce Planning ................................................................................................ 12
1.8.4 ICT Strategy ........................................................................................................... 12
1.8.5 Learning and Development Strategy ..................................................................... 13
1.8.6 Annual Report ........................................................................................................ 13
1.8.7 Performance Management and Development System .......................................... 14
1.9 Stakeholder Engagement ............................................................................................. 15
1.10 Internal Communications Strategy ............................................................................. 15
1.11 Engagement with External Stakeholders ................................................................... 18
1.11.1 Engagement with the Customer and other Stakeholders .................................. 18
1.11.2 Engagement with Other Government Bodies .................................................... 22
1.11.3 Engagement with International Bodies .............................................................. 22
2. MINISTERIAL, PARENT DEPARTMENT, AUTHORITY AND SENIOR .......... 26
MANAGEMENT ROLES & ASSIGNMENT OF RESPONSIBILITIES ..................... 26
2.1 Parent Department and Minister ................................................................................. 26
Contents
2.1.1 Role of the Minister ................................................................................................ 26
2.1.2 Departmental Oversight ......................................................................................... 27
2.1.3 Performance Agreement with Department of Justice and Equality ....................... 29
2.2 Authority ........................................................................................................................ 30
2.2.1 Meetings of the Authority ....................................................................................... 31
2.2.2 Appointments to the Authority ................................................................................ 31
2.2.3 Subcommittees of the Authority ............................................................................. 31
2.2.4 Matters specifically reserved for the Authority ....................................................... 32
2.2.5 Authorisations ......................................................................................................... 32
2.3 Rules Committee ........................................................................................................... 32
2.4 The Chief Executive and Accounting Officer Role .................................................... 33
2.4.1 Accounting Officer Role ......................................................................................... 33
2.4.2 The Accounting Officer and the Public Account Committee .................................. 34
2.4.3 Principles and Conventions .................................................................................... 35
2.5 Assignment of Management Roles and Responsibilities ......................................... 36
2.6 Leadership and Organisational Capacity ................................................................... 36
2.6.1 Leadership .............................................................................................................. 37
2.6.2 Organisational Capacity ......................................................................................... 37
3. MANAGEMENT BOARD & OTHER GOVERNANCE STRUCTURES ............ 41
3.1 Management Board Terms of Reference .................................................................... 41
3.1.1 Membership/composition ....................................................................................... 41
3.1.2 Meetings ................................................................................................................. 42
3.1.3 Shared Participation ............................................................................................... 42
3.1.4 Roles ...................................................................................................................... 43
3.1.5 Matters Appropriate for the consideration of Management Board ......................... 44
3.1.6 Relationship with the Chairman and Members of the Property Registration
Authority .............................................................................................................................. 45
3.1.7 Relationship with the Parent Department .............................................................. 45
3.1.8 Committees ............................................................................................................ 46
3.1.9 Performance and Evaluation .................................................................................. 47
4. AUDIT, ASSURANCE AND COMPLIANCE ARRANGEMENTS .................... 49
4.1 Introduction ................................................................................................................... 49
Contents
4.2 State Guarantee: Compensation Scheme .................................................................. 49
4.3 Internal Control Framework ......................................................................................... 50
4.3.1 Internal Financial Control ....................................................................................... 50
4.3.2 Appropriation Account ............................................................................................ 51
4.3.3 Statement of Internal Financial Control .................................................................. 52
4.3.4 Procurement ........................................................................................................... 52
4.4 Internal Audit ................................................................................................................. 54
4.4.1 Role of Internal Audit .............................................................................................. 54
4.4.2 Delivery of Internal Audit Function ......................................................................... 55
4.4.3 Charter for Internal Audit ........................................................................................ 55
4.4.4 Internal Audit Methodology .................................................................................... 55
4.5 Audit Committee ........................................................................................................... 56
4.5.1 Audit Committee Arrangements in PRA ................................................................. 56
4.5.2 Relationship between Audit Committee and Internal Audit Function ..................... 57
4.6 Risk Management ......................................................................................................... 57
4.6.1 Risk Management Programme .............................................................................. 58
4.6.2 Risk Management Responsibility ........................................................................... 58
4.6.3 Risk Register .......................................................................................................... 59
4.6.4 Review of Risk Management Practices.................................................................. 60
List of Appendices
Appendix 1 - Governance Principles
Appendix 2 - Overview of Compliance Framework:
Annual Governance Events Cycle
Ongoing Governance Activity
Appendix 3 - Current PRA Authorisations under Registration of Deeds and
Title Act 2006
Appendix 4 - Key Reference Documents
Appendix 5 - PRA Annual Assessment of Management Board effectiveness:
sample questionnaire
Governance Principles
1
1. Corporate Governance in the PRA – an Overview
1.1 Purpose
The purpose of this document is to set out the framework of Corporate Governance
within the Property Registration Authority (PRA), as required under the Corporate
Governance Standard for the Civil Service. Underpinning this document are the high
level principles outlined in Appendix 1 which are representative of international best
practice for civil service organisations.1 This Governance Framework is a living
document which will evolve in line with best practice and prevailing circumstances.
An Action Plan to be overseen by the PRA Management Board has now been
devised encompassing any issues identified together with associated actions, key
performance indicators and responsible senior managers to ensure its ongoing
effectiveness and completeness.
1.2 Introduction
Good governance facilitates clear lines of accountability, responsibility and reporting
and is central to the successful operation of all Government Departments and
Offices. It is vitally important for the effective discharge of their statutory and policy
obligations. Good governance ensures that a framework of structures, policies and
1 International Framework: Good Governance in the Public Sector (IFAC, CIFPA2014)
The purpose of Chapter 1 is to provide an introduction to the
central role of good governance and to provide an overview of the
mission and values of the Property Registration Authority. In
addition, the key role of standards and ethics are highlighted and
an overview of the strategic and business planning process is
provided.
Governance Principles
2
processes are in place to deliver on these obligations and it allows for an objective
assessment of management and corporate performance.
Corporate governance measures in the PRA are applied within an established
framework of constitutional and statutory provisions, policies and authoritative
guidance. In this regard a list of relevant reference documentation is provided in
Appendix 4.
The ongoing development and implementation of the Property Registration
Authority’s Governance Frameworks is a priority at both Management Board and
Authority level. This process is reflective of both adherence to the overall common
approach to certain core governance issues which must exist and a pragmatic
approach in terms of the organisation’s own responsibilities and particular
circumstances.
1.3 Mission
The Authority’s mission is to safeguard property rights and facilitate property
transactions by maintaining and extending a comprehensive system of registration of
title in Ireland and promoting its use.
1.4 Values
The values most commonly associated with the Civil Service have been enumerated
as follows: honesty, impartiality, respect for the law, and respect for persons,
diligence, responsiveness and accountability. 2 The Property Registration Authority is
fully committed to these values as further expounded in The Civil Service Renewal
Plan3 which describes the values of the Civil Service as encompassing:
A deep-rooted public service ethos of independence, integrity, impartiality,
equality, fairness and respect;
A culture of accountability, efficiency and value for money; 2 Introduction to the Irish Civil Service (Government of Ireland 2008) available at
http://hr.per.gov.ie/files/2011/05/14_Civil_Service_Induction_Manual_2008_En.pdf
3 DPER (2014) The Civil service Renewal Plan : A Vision and Three Year Action Plan for the Civil Service available
at http://www.per.gov.ie/en/civil-service-renewal/
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3
The highest standards of professionalism, leadership and rigour.
The Values developed and set out by the Authority in its Statement of Strategy,
which underpin all its actions, are as follows:
Service to customers The Authority is committed to providing its customers with an excellent service which
is readily accessible through a variety of channels.
Public interest The Authority is committed to carrying out its functions in the public interest in an
open and transparent manner.
Commitment to staff The Authority values the dedication of its staff and is committed to supporting them in
delivering a high quality service to its customers and in developing fulfilling careers
within the organisation.
Good governance and value for money The Authority is committed to compliance with high standards of governance and
probity, and to conducting its business in a cost-effective manner.
Consultation The Authority is committed to consultation with its stakeholders in the ongoing
development and delivery of its services.
Dynamism The Authority is committed to embracing and managing change, including the
development and application of technological advances and working practices, aimed
at improving efficiency, effectiveness and the customer experience.
Through adherence to this Governance Framework and other mechanisms, including
the Performance Management and Development System, and its induction training
for new recruits and ongoing learning and development strategies, the PRA
endeavours to ensure that its espoused values become in reality the lived-in values
of the organisation.
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4
1.5 Standards, Behaviours and Ethics
1.5.1 Code of Standards and Behaviour for civil servants
The Standards in Public Office Commission (www.sipo.gov.ie) produces the Civil
Service Code of Standards and Behaviour4, which sets out the standards required of
all Civil Servants in the discharge of their duties and forms part of their conditions of
employment. A summary of the code’s main requirements is set out below, together
with the relevant section of the guidelines.
Civil servants must be impartial in the performance of their duties. [Section 4]
Civil servants must respect the constraints of the law. [Section 6]
Under the Freedom of Information Acts 1997 to 2014, members of the public
have a legal right to information held by Government Departments and other
public bodies. However, the requirement under the Official Secrets Act 1963
that civil servants avoid improper disclosure of information gained in the
course of their work still applies. [Section 7]
Civil servants must maintain high standards of service in all of their dealings
with the public. [Section 8]
Civil servants who are convicted of criminal offences, or given the benefit of
the Probation Act when tried for a criminal offence, must report that fact to
their Personnel Officer. [Section 9]
Civil servants are required to attend at work as required and comply with the
terms of sick leave regulations. [Section 10]
Civil servants are required to have due regard for State resources to ensure
proper, effective and efficient use of public money. [Section 11]
Civil servants should show due respect to their colleagues including their
beliefs and values. [Section 12]
The use of their official positions by civil servants to benefit themselves or
others with whom they have personal or business ties is not allowed. Civil
servants are also forbidden to seek to influence decisions on matters
pertaining to their official positions other than through established procedures.
[Section 13]
4 http://www.sipo.gov.ie/en/Codes-of-Conduct/Civil-Servants/Civil-Service-Code-of-Standards.pdf
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5
Civil servants may not engage in outside business or activity which would in
any way conflict with the interests of their Departments/Offices. [Section 14]
Civil servants who occupy “designated positions” for the purposes of the
Ethics Acts have certain statutory obligations in relation to disclosure of
interests. These obligations are additional to any obligations imposed by the
Code. [Section 15]
Civil servants should not receive benefits of any kind from a third party which
might reasonably be seen to compromise their personal judgement or
integrity. Departments are required to apply the rules contained in the Code
on the receipt of gifts or to make local rules deriving from them. [Section 16]
The same principle applies to any acceptance of hospitality. Within the
general framework of guidelines set out in the Code, every care must be
taken to ensure that (a) any acceptance of hospitality does not influence, or
be seen to influence, the discharging of official functions [Section 17] and (b)
that there are clear and appropriate standards in place which have been
notified to all staff in relation to payment for work on behalf of outside bodies.
[Section 18]
Civil servants must not seek contracts with Government Departments or
Offices for supply of goods or services whether for their own benefit or for the
benefit of any company with which they may have an involvement in a private
capacity. [Section 19]
Civil servants shall not within twelve months of resigning or retiring from the
Civil Service, accept an appointment, or particular consultancy project, where
the nature and terms of such appointment could lead to a conflict of interest or
the perception of such, without first obtaining the approval of the Outside
Appointments Board or the Secretary General or Head of Office as
appropriate. Additionally, civil servants who hold positions which are
“designated positions” for the purposes of the Ethics Acts must, within twelve
months of resigning or retiring, obtain the approval of the Outside
Appointments Board or the Secretary General or Head of Office as
appropriate before taking up any outside appointment. [Sections 20 and 21]
This Code is published on the PRA’s intranet and is provided to all new recruits. In
addition attention is drawn to the Code’s provisions in staff training sessions.
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6
1.5.2 Ethics and Statements of Interests
The Standards in Public Office Commission publishes guidelines under the Ethics in
Public Office Acts, 1995 and 2001 (the Ethics Acts) for prescribed public servants as
well as office holders (i.e., Ministers, Ministers of State, etc.). These guidelines
provide information on the disclosure of interests and on the steps that public
servants need to take in order to comply with the requirements of the
legislation. Public servants may seek advice from the Standards Commission
concerning any provision of the legislation, or the application of any such provision, in
any particular case.
A person who occupies a prescribed position under the Ethics Acts must complete
and furnish a statement of interests, i.e. of any interest held by the person, or by his
or her spouse or civil partner, child or child of spouse, which could materially
influence the person in, or in relation to, the performance of his or her official
functions. If they have no interests to declare, they must furnish a Nil Statement. All
officers who are serving at Principal Officer (or equivalent) and upwards in the
Property Registration Authority are required to complete a statement of interests
annually. All such statements must be submitted to the Secretary General,
Department of Justice and Equality, by 31st January each year.
1.6 Protected Disclosures
The Authority is committed to compliance with high standards of governance,
accountability and probity, and to conducting its business impartially, transparently
and in accordance with best practice. Wrongdoing such as theft, fraud, corruption or
malpractice, or their concealment, can have a devastating effect on the professional
reputations of the Authority and its staff, and on working relationships and morale.
Any perception that such wrongdoing is not dealt with appropriately could ultimately
impact on the integrity of the registers with grave and far reaching consequences.
Staff, who may become aware or concerned about illegal activity, or inappropriate or
improper behaviour or practices, may be reluctant or apprehensive in regard to
reporting their concerns. There may be real and genuine fears of appearing disloyal
to colleagues or to the organisation, or that they may be subsequently victimised.
Governance Principles
7
The Protected Disclosures Act 2014, which commenced on the 15th July 2014,
provides for the protection of persons from the taking of action against them in
respect of the making of certain disclosures in the public interest and for connected
purposes.
In accordance with Section 21 (1) of the Protected Disclosures Act 2014 the PRA has
its own policy in place with regard to the making of protected disclosures by workers
who are or were employed by it and for dealing with such disclosures. This policy is
to be reviewed by the Management Board within 12 months of implementation and
every two years thereafter.
1.7 Organisational Governance Structure
The organisational governance structure, which is subject to change and adaptation
as required over time, in response to changing circumstances and priorities, is shown
in figure 1. It reflects current assignments and responsibilities and provides clear
lines of accountability, responsibility and reporting5.
5 Public Service Management Act 1997
Governance Principles
8
Figure 1 - PRA Governance Structure and Functional Overview
Deputy Registrar
Corporate Affairs
Deputy Registrar
Legal
Deputy Registrar
Legal
Deputy Registrar Legal
Also CEO Interim and
Accounting Officer
Human Resources
CEO and Authority
Secretariat
ICT
Finance, Procurement
and Statistics
Spatial Data /Mapping
Function
Corporate Services
Internal Audit
Committee
Casework Operations
and Productivity
(Dublin and
Roscommon Offices)
Registry of Deeds
Ground Rents
Quality Assurance and
Process Assurance
Mapping Standards:
legal aspects
Authority led
registration initiatives
Rules interpretation and
drafting
Appropriation Accounts
Rules Committee Secretary
Corporate Governance
International Stakeholder Engagement
Lobbying Act responsibilities
Merger Planning and
Rules Committee
Minister for Justice and Equality
Casework Operations
and Productivity
(Waterford Office)
Compensation
Scheme
Legal advice on
o Data
Protection
o FOI
o RE-use of
PSI
Fraud Prevention
Legislation Review
Rules Committee
Secretary
Court Procedures
eConveyancing and
eRegistration Legal
Aspects
CEO and
Accounting Officer
Property Registration Authority
Governance Principles
9
The structures can be summarised as follows:
The Minister for Justice and Equality is accountable to the Oireachtas for
the performance of the Property Registration Authority
The Property Registration Authority (the Authority) is a statutory body
whose members, appointed by the Minister, are representative of the main
users and consumers of property registration services. In accordance with the
Registration of Deeds and Titles Act, 2006, the functions of the Authority
include the management and control of the Land Registry and Registry of
Deeds.
The CEO / Accounting Officer is responsible for implementing the decisions
of the Authority. In accordance with the Registration of Deeds and Titles Act,
2006, the functions of the CEO include managing and controlling generally
the staff, administration and business of the PRA. Under the Public Service
Management Act 1997 the CEO must prepare an outline of how specific
responsibilities are to be assigned. The CEO is also the Accounting Officer
for the Property Registration Authority (Vote 23) and in this regard has
responsibility for safeguarding the funds under the control of the PRA and for
ensuring economy and efficiency in the running of the PRA.
The Rules Committee performs certain statutory functions and, with the
agreement of the Minister, has the power to make general rules. The
committee reports to the Minister for Justice and Equality on the amendments
it considers should be made to the existing Land Registration Rules.
The key role of the Audit Committee, as part of the ongoing systematic
development of the control environment and governance procedures within
the PRA, is to act as a source of independent advice to the Chief Executive,
as Accounting Officer and members of the PRA, on matters relating to
financial management and control
The Deputy Registrars Legal report directly to the CEO. The CEO assigns
responsibility to the Deputy Registrars Legal who are responsible for, inter
alia, overall casework operations, review of rules and legislation, proposals to
the Rules Committee, administration of the compensation scheme, legal
standards and procedures, the provision of legal advice on Data Protection,
Freedom of Information and Re-use of Public Sector information, and the
legal elements of eRegistration and eConveyancing.
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10
The Deputy Registrar Corporate Affairs reports directly to the CEO. The
Deputy Registrar Corporate Affairs responsibilities include Human Resources,
Information and Communications Technology, Corporate Affairs, Finance,
Spatial Data and Mapping, together with the secretariat of the CEO and
Authority. The heads of these functions report directly to this Deputy
Registrar.
The CEO is Chairperson of, and is assisted in the management of the PRA,
by the Management Board. The Management Board is a key element of the
PRA’s governance and facilitates shared leadership and responsibility for
delivery of outcomes related to the PRA’s mandate.
1.8 Strategic Planning, Decision Making & Performance Management
The Authority’s Strategic Planning process is carried out pursuant to the Public
Services Management Act, 1997, according to which each Department and Office
must publish a strategy statement every three years or within six months of the
appointment of a new Minister. This document sets out key objectives, outputs and
strategies to be achieved. The Department of Public Expenditure and Reform issued
guidelines on the preparation of such statements in 2011.6
In accordance with the Registration of Deeds and Title Act, 2006, Section 18, (the
Act) the Authority, on a three year basis, prepares a Strategic Plan which is approved
by the Minister and laid before the Houses of the Oireachtas. In accordance with the
Act, each Strategic Plan shall:
a) set out the key objectives, outputs and related strategies of the Authority,
including its use of resources,
b) comply with any directions issued from time to time by the Minister in relation
to the form and manner of the plan’s preparation, and
c) have regard to the need to ensure the most beneficial and efficient use of the
Authority’s resources.
6 Guidelines for Ministers on the preparation of Strategy Statements, DPER, 2011
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11
1.8.1 Strategic Planning Process
The Strategy Statement 2016-20187 is the Authority’s current Strategy Statement.
Detailed work on the plan was completed by a Sub Committee of the Authority
appointed by the Chairman, with input from representatives of the Management
Board.
The current Statement of Strategy reflects the following key objectives adopted by
the Authority:
i. Completion of the Irish Land Register,
ii. Maintenance of a reliable and accurate system of land registration,
iii. Meeting the Needs of the customer,
iv. Delivering the Goals in a reformed public service,
v. Optimise use and value of the Register.
1.8.2 Business Planning Process
The Management Board is responsible for the annual Business Planning Process
within the Authority. This process is the basis by which the strategic goals set out in
the Statement of Strategy are reflected in the annual Corporate Business Plan which
in turn consists of the various Divisional Business Plans.
Divisional Business Plans, which are generally the responsibility of Divisional
Managers, detail work in each Division and Unit, including those of the support
functions including HR, ICT, Corporate Services and Finance, are the core element
of the Authority's Planning Framework.
Divisional Business Plans are reviewed against actual performance on a quarterly
basis throughout the year. The Management Board oversees a series of annual
business planning meetings attended by divisional and line managers who report on
previous year’s results and the setting of operational targets for the following year.
This provides an opportunity for Management Board members not only to monitor
progress, but also to reinforce organisational priorities and values.
7 http://www.prai.ie/download/publications/Strategic%20Plan%202016-2018.pdf
Governance Principles
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1.8.3 Workforce Planning
Following transition of transactional HR matters to PeoplePoint the HR function has
been reoriented to a more strategic basis. Workforce planning is key to this process
and essential in developing a business partner role in the PRA. All three iterations
requested by the Department of Public Expenditure and Reform to date were
completed and submitted. An evidence basis is used in identifying and deciding to fill
knowledge and skills gaps. Workforce segmentation facilitates prioritisation and
clarifies actual requirements. The data gathered has facilitated the emergence of a
greater emphasis in the HR function on staff mobility, talent management and
succession planning.
1.8.4 ICT Strategy
The PRA ICT strategy can be traced back to the ICT strategy of 1990 which has had
periodic updates to reflect emerging trends and technologies. At that point in time
there was limited technological development in the PRA so the ICT Strategy
concentrated on two matters:
Identify a series of projects (32 in all) that would bring the PRA (then the Land
Registry) forward technologically with applications and systems that would
support the day to day operation of the Registries and the services that it
provided, and
The design of an ICT organisational structure that would facilitate the design
and development of these services, including project management.
The current strategy document is ‘ICT Strategy 2013-2016’. This strategy is based on
consolidating the ICT infrastructure and applications delivered by the previous
strategies and setting a new agenda for the now enlarged ICT function taking into
consideration the changing technological environment and the national economic
climate in which the organisation operates. There have been significant technological
changes over the last 10 years which will influence the strategy for the future and
with these changes have come new opportunities for improved and innovative
services and business process improvements resulting in savings in operations to be
realised.
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1.8.5 Learning and Development Strategy
The PRA Learning and Development Strategy has, as its overarching objective, to
ensure the necessary skills and competencies are in place to fulfil the organisation’s
strategic objectives. This strategy sets out the learning and development (L&D)
interventions being implemented by the Property Registration Authority and is part of
the strategic planning process. Its purpose is to link learning and development
activities systematically with business needs and to establish priorities and plans for
activities and resources whilst ensuring value for money. It supports the
achievement of the goals set out in the Strategic Plan and is in line with the
objectives contained in the HR Strategy and Staff Mobility Policy. It has been
developed following consultation with staff representatives and the Authority and
agreed by the members of the Management Board.
The rresponsibility for implementing this Learning and Development Strategy lies with
the HR Manager, with assistance from the L&D Oversight Committee and the L&D
Unit. The strategy is subject to 6 monthly reviews by the L&D Oversight Committee,
which in turn reports to the Management Board. The purpose and function of the L&D
Unit is to ensure that the PRA’s learning and development function operates in
accordance with best practice, maximises in-house learning capability and supports
value for money approaches which contribute to the achievement of business aims
1.8.6 Annual Report
In accordance with Section 19 of the 2006 Act8, the Authority, not later than 30 June
in each year, must make a report to the Minister on the performance of its functions
and on its activities during the preceding year. The Annual Report and outlines the
main achievements and developments during the year to advance the Authority’s
objectives, as set out in its Statement of Strategy. Material for the Annual Report is
provided by each division in the Authority. The preparation of the Annual Report is
managed by the Corporate Services Unit and overseen by a Publications Working
Group. It is translated into Irish and published in both Irish and English on the PRA’s
website.
8 Registration of Deeds and Title Act 2006
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1.8.7 Performance Management and Development System
Another key element of the Governance Framework within the PRA is the
management and continuous improvement of staff performance through the
Performance Management and Development System (PMDS). Active management
of performance is an ongoing process which happens throughout the year. The key
elements of PMDS, i.e. setting goals, selecting competencies, learning goals and
formal reviews of performance and upward feedback, are all fundamental aspects of
managing performance.
PMDS encompasses the following core principles:
Creating a clear understanding of what is expected of staff and managers
through effective planning and goal setting
Enhancing understanding of the strategic objectives of the organisation and
individual contribution to achieving these
Regular review periods to ensure common understanding of progress towards
achieving goals
Fostering career progression through continuous learning and development
Goal Setting under PMDS is aligned with the Business Planning process. It is the
responsibility of each and every member of staff to ensure that their goal setting form
is current and complete. ePMDS has been designed to enable all Employees and
Managers to complete, revise and submit their PMDS forms online.
Managers at all levels are responsible for ensuring full adherence to the PMDS
process.
The Human Resources Unit pro-actively monitors and reports to DPER on
participation rates in PMDS in the PRA. It is the responsibility of the HR to audit
goals set for individual staff members and to ensure compliance with requirements.
Requests for training received by line managers through upward feedback from staff
are forwarded to the Learning and Development Unit for assessment and
implementation.
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15
The Management Board collectively, and its members individually, are responsible
for ensuring the effective operation of performance management across the Authority
as a whole. Underperformance issues are dealt with under the guidelines published
by DPER.9
1.9 Stakeholder Engagement
In common with all public sector bodies the PRA has a multi-stakeholder base.
Stakeholders in both the internal and external authorising environment of the PRA
may be categorised under a range of headings. Figure 2 shows one such
segmentation.
Constitutional, governance and statutory stakeholders are dealt with throughout this
Governance Standard. The following section will deal with issues relating specifically
to core stakeholders both internal and external.
1.10 Internal Communications Strategy
While there is not, as yet, a fully documented Internal Communications Strategy,
there are a number of arrangements in place to facilitate effective internal
communications within the Property Registration Authority.
9 Underperformance Guidelines, DPER available at http://hr.per.gov.ie/dealing-with-unsatisfactory-performance/
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Figure 2 - PRA Stakeholder Groupings
Management fora The Management Board recognises the importance of communicating effectively and
cascading information to staff at all levels. An emphasis is placed on the critical role
of team meetings as an integral part of the responsibility of the Management Board to
communicate effectively with staff at all levels. To that end, the divisional managers'
forum receives briefings on Authority and Management Board meetings and other
key developments that need to be brought to their attention and ultimately
communicated to all staff. Briefing notes relating to all meetings of the divisional
management forum are published on the intranet and accessible to all staff.
There are also fora relating to legal and mapping functions within the PRA. The Chief
Examiner of Titles and Examiner of Titles forum provides legally qualified staff with
an opportunity to discuss all developments pertaining to legal practice, while the
Senior Mapping Managers Network provides a similar forum for all mapping
managers.
In addition to the fora at management level, there are a number of active Working
Groups with staff representation within the Authority.
•PRA staff
•Cutomer base incluingPublic Sector bodies
•General Public
•Interested bodies
•International Affiliations
•Minister for Justice & Equality
•Authority Members
•LR Rules Commitee
•Internal Audit Committee
•Merger Project Groups
•Ombudsman
•Data Commissioner
•CPSA
•DPER
•Oireachtas
•PAC
•C&AG
•Courts
Constitutional Statutory
Core Governance
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Working Together Forum The Working Together forum comprises representatives of Staff, Unions and
Management. The overarching aim of this Forum is to foster staff engagement and
promote collaborative and participative approaches to problem solving in the PRA.
Underpinning this aim is an acknowledgement that as civil servants, we all share the
responsibility to ensure that renewal, and the actions to achieve it, are implemented.
The main objectives of Working Together outlined in its Statement of Intent are:
To build effective internal communications that keep all staff fully informed of
organisational developments, including those relating to the merger
To facilitate meaningful voice for forum partners and opportunity for open
constructive feedback
To enhance organisational capability to respond to employee views
To foster trust and inculcate mutual respect among all forum partners,
irrespective of pay stream or function
To support workforce well-being and morale by reflecting on, learning from
and acting on engagement initiatives
To reinforce the purpose of the organisation and improve the customer
experience
To assist in developing greater organisational agility, responsiveness and
value for money
To participate effectively in civil service renewal
Industrial relations matters are dealt with in other forums, including Departmental
Council.
Conciliation and Arbitration Scheme: Departmental Council The purpose the scheme of conciliation and arbitration is to provide means,
acceptable both to the State and to its employees, for dealing with claims and
proposals relating to the conditions of service of civil servants and to secure the
fullest co-operation between the State, as employer, and civil servants, as
employees, for the better discharge of public business. In line with the scheme a
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Departmental Council, consisting of representatives of Staff, Management and
unions meets on quarterly basis. 10
Intranet There is an internal Intranet page, which is updated on an ongoing basis and is an
information rich resource for staff. This facility displays details of key news items that
may impact on staff and also contains links to key reference points for staff in the
completion of their duties, including inter alia policy documents, Practice Directions,
Office Notices and relevant DPER circulars and publications.
1.11 Engagement with External Stakeholders
1.11.1 Engagement with the Customer and other Stakeholders
The PRA carries out some 3 million online transactions each year and has a varied
and significant customer base. This customer base for PRA services is shown in
Figure 3.
Figure 3 - PRA Customer Base
The Property Registration Authority is fully committed to providing a professional,
efficient and courteous service to all its customers in accordance with the 12
Principles of Quality Customer Service11, as originally agreed in 2010.
10 The Operation of Department Councils, Letter dated 19 July 2012, issued by DPER 11 http://www.per.gov.ie/en/qcs-initiative/
PRA Solicitors
Law Searchers
Re-users of PSI
Surevyors
Architects
Engineers
Auctioneers
General public Financial
Imstitutions
Local Authorities
Government Depts.,State
Agencies, utilities
Governance Principles
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A Customer Charter, Complaints Procedure and associated Policy on dealing with
Unreasonable Complaints are all published on the PRAI.ie website. The Customer
Charter sets out the standard of service the PRA aims to provide including service
delivery targets for its main services. In addition, the Authority complies with the
Official Languages Act 2003 and can accommodate persons who wish to conduct
their business through the medium of Irish. Details of its Irish language scheme are
also available online.
From time to time customers are consulted by way of online surveys. The Authority
engages with external stakeholders through a further range of activities which
include:
Customer Information Unit The Information Unit, located in Waterford, provides a first point of contact for
Customers who contact the office by telephone. The staff in the Unit have been
trained to provide, in so far as is possible, a responsive and direct service for our
customers who have queries without the need to further transfer the calls to other
staff in the PRA. Obviously, some queries, which might be more complex or case
specific, will have to be transferred to other staff with more specialist skills or
experience in specific casework, but in excess of 75% of the calls are dealt with
directly by the Information Unit. This Unit also manages an online mailbox to deal
with general email queries.
Freedom of Information Requirements The Freedom of Information Act 2014 seeks to enable members of the public to
obtain access to the greatest extent possible, consistent with the public interest and
the right to privacy, to information in the possession of public bodies.
Under this legislation the PRA may refuse to grant a request for a record that is
available for inspection or a copy of which is available either for a fee or free of
charge e.g. copy folios maps of the Register.
In addition the PRA shall refuse to grant an FOI request where non-disclosure is
authorised by any enactment in certain circumstances e.g. access to instruments
under Rule 159 of LR Rules [Section 41(1)(b) of the 2014 Act]
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All other PRA records are open to requests under the Act..
The PRA is compliant with Section 8 of the Act and has made its FOI Publication
Scheme readily accessible and prominently published in the FOI part of its website.
It is the policy of the PRA to proactively publish as wide a range of information as
possible. A records management review is also underway internally.
Data Protection: Internal PRA Policy
Data protection is the means by which the privacy rights of individuals are
safeguarded in relation to the processing of their personal data. The Data Protection
Acts 1988 and 2003 confer rights on individuals as well as placing responsibilities on
those persons processing personal data. The PRA as a data controller has certain
key responsibilities in relation to the information which it processes.
Any use or disclosure of information must be necessary for the purpose(s) or
compatible with the purpose(s) for which the PRA collects and keeps the data. The
test is whether the data subject would be surprised to learn that a particular use of or
disclosure of their data is taking place. A key test of compatibility is whether the data
is used only in ways consistent with the purpose(s) for which they are kept and
disclosed only in ways consistent with that purpose(s)
The PRA fully respects the right to privacy of its customers in their interactions with
its websites. A privacy statement appears on the website relating to the collection
and use of personal information specifically in respect of its websites www.prai.ie,
www.landdirect.ie and www.eregistration.ie only. A series of Office notices have been
published setting out the Data Protection policy of the PRA. To ensure compliance
with the law the PRA makes its staff aware of their responsibilities through its data
protection policy and appropriate induction training with refresher training as
necessary.
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21
Personal data contained in the register and registry maps is public information and
therefore exempt from the data protection acts12. Any person may obtain a copy
folio/map on payment of the appropriate fee.
The PRA is obliged by statute to put the public on notice that a dealing (i.e. an
application for registration) is pending on a folio. However, the deeds, documents
and correspondence lodged in pending dealings are not public records and are
therefore subject to the Data Protection Acts as they may comprise the “personal
data” of the applicants etc. Staff are trained not to inadvertently disclose personal
data of customers contained in dealings.
Rule 188 of the Land Registry Rules defines the categories of persons who are
entitled to inspect specific types of instruments (documents related to completed
dealings) and also apply for copies13. Staff may apply for Instruments for official
purposes only.
The PRA endeavours to ensure full compliance with data protection legislation
through its internal policy by appropriate supervision, regular review and audit.
Customer Focus Group This forum meets on at least an annual basis. Meetings of this group, representative
of the PRA’s main stakeholders (legal practitioners, financial institutions, local
authorities, law searchers), provide a continuing opportunity for consultation on a
range of issues and the dissemination of information on any changes planned or
being introduced.
Project Engagement In the context of the reform and modernisation agenda, the PRA have successfully
implemented a wide range of initiatives since it commenced its modernisation
program in 1999. Throughout this time there has always been a strong emphasis on
customer involvement. All change implementations are overseen by an appropriate
12 (Section 1(4) (b) of the DP Acts).
13 See also Practice Direction entitled ”Inspection of Documents (published 1 December 2009)”, under “Legal &
Professional Customers” on the website
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steering group which includes significant representation from external stakeholders
including the legal and banking professions.
Outreach programme A growing area of activity in recent years has been the involvement of staff from the
PRA in organising seminars, conferences and training courses for key stakeholder
groups. PRA officials regularly participate in, and make presentations on, a range of
topics at a number of seminars and training courses for solicitors, bar associations
and other customers. There is also a programme of engagement with third level
institutions, in particular Waterford Institute of Technology and Dublin Institute of
Technology. In addition, the PRA maintains a presence, where appropriate, at trade
events including the National Ploughing Championships and the Ideal Home Show to
increase its profile and raise public awareness of its services.
1.11.2 Engagement with Other Government Bodies
The PRA engages with a wide spectrum of public sector bodies with the objective of
using this organisation’s resources to provide assistance and support in the timely
delivery of major infrastructural projects.
The use of Spatial Data has allowed the PRA to assist Government Departments,
Local Authorities and State Agencies in the identification of the registered owners of
properties affected by proposed initiatives and project management of property folio
updates and first registrations. We have also been able to assist other Government
Departments in compliance with statutory functions and in relation to the identification
and regularisation of titles of State owned properties.
1.11.3 Engagement with International Bodies
In addition to engagement with other Government bodies, the PRA is also fully
committed to participating in a number of relevant international bodies to ensure that
the organisation’s policies and priorities are represented on important issues which
have an impact on land registration and land administration generally. Participation
also provides the opportunity to keep up to date with international developments and
trends in land administration. Dialogue and communication with relevant international
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23
bodies also provides an important platform for sharing ideas and understanding
progress achieved both within the EU and the wider international community.
World Bank Doing Business Rankings14 The aim of these rankings is to provide an objective basis for understanding and
improving the regulatory environment for business globally. Property registration is
one of the criteria benchmarked across 189 economies. The methodology used
entails measuring the time, cost and number of procedures to transfer property in a
capital city between two companies. In addition the quality of land administration is
measured using four dimensions: reliability of land administration, transparency of
information; geographic coverage and land dispute resolution.
As well as quantitative data, feedback provided by government officials, academics,
practitioners (Solicitors) and reviewers is also used for assessment. In April annually
relevant data must be provided by the PRA in response to the World Bank
questionnaire on property registration.
The Management Board and the Authority members are mindful of and share
Government concerns regarding external perceptions of Ireland and the role of the
public sector, as a whole, in progressing economic development and job creation. A
particular priority, therefore, is given to ensuring that the number of days taken to
register simple sales is minimised.
European Land Information Services (EULIS) The development of world class ICT systems in recent years has enabled the PRA to
participate in international developments, such as EULIS which is an initiative by
various land registration authorities across Europe to provide cross-border access to
their respective online databases and electronic services (www.eulis.eu). The EULIS
service provides land registry professional customers such as banks, other lenders,
solicitors, estate agents, law searchers and public authorities with reliable, direct and
easy access to land and property information in member European countries. Irish
customers can access EULIS through their landdirect.ie account.
14 http://www.doingbusiness.org/rankings
Governance Principles
24
European Land Registry Association (ELRA)
The primary aim of the ELRA is the development and understanding of the role of
land registration in real property and capital markets in EU member states. ELRA
seeks to promote the mutual knowledge of the different land registry systems in
member states and provides a very useful forum for discussion and information
exchange on developments in land registry systems across Europe. It also has a
significant role in keeping members informed on relevant developments at EU level.
Since its creation in 2004, ELRA has grown rapidly, and currently its membership is
made up of 24 associations representing the land registries of 20 EU member states.
The PRA is an active participant of this Association, engaging as part of the ELRA
network in various projects funded by the European Commission to encourage
efficiencies in cross border registration and provide legal and potential IT solutions
for future access to standardised registry information through the eJustice portal.
United Nations Economic Commission for Europe (UNECE) - Working Party on Land Administration (WPLA) The Property Registration Authority is an active participant in the UNECE’s Working
Party on Land Administration. The Working Party was established in 1999 with the
aim of promoting land administration through security of tenure, developing real
estate markets and modernising land registration systems in countries in transition.
The WPLA has developed into an effective network of land administration officials in
Europe and North America. It operates by sending independent experts to the ECE
countries to provide policy advice and recommendations in relation to national
programmes on land market development and real estate registration.
Five Registers The Five Registers Forum, comprising Registrars and Chief Executives of the Land
Registries of England and Wales, Scotland, Northern Ireland, Ireland and the Isle of
Man, meets twice a year. Issues of common interest are discussed and information
exchanged on a wide range of matters pertinent to property registration.
INSPIRE The INSPIRE Directive of the European Parliament which seeks to establish an
‘Infrastructure for Spatial Information in the European Community’ (INSPIRE) was
transposed into Irish law through Statutory Instrument No. 382 of 2010. This directive
Governance Principles
25
aims to create an EU-wide Spatial Data Infrastructure (SDI) based on member states
SDIs which can enable the sharing of environmental spatial information among public
sector organisations, improved environmental policy making and better public access
to spatial information across Europe.
The Land Registry (Property Registration Authority) is the Legally Mandated
Organisation (LMO) in Ireland for the Annex 1 Cadastral Parcels Theme and, as
such, is obliged to provide discovery, view and download services through INSPIRE
and Irish Spatial Data Infrastructure (ISDI) geoportals. Cadastral Parcels are lands
that are registered in the Land Registry, excluding multi-storey registrations.
Ministerial and Senior Management Roles & Assignment of Responsibilities
26
2. Ministerial, Parent Department, Authority and Senior
Management Roles & Assignment of Responsibilities
2.1 Parent Department and Minister
The Property Registration Authority is a public body operating under the aegis of the
Department of Justice and Equality. Subject to the Registration of Deeds and Title
Act 2006 15 (the Act) the Authority is independent in the performance of its duties and
has its own legal, operational, internal management and governance structures. It is
categorised, under the Governance Standard for Justice and Equality Sector Bodies,
as a statutory body part of the Justice Sector.
The Minister for Justice and Equality (the Minister) is accountable to the Oireachtas
for the performance of bodies under the aegis of his/her Department, including the
PRA. The Minister is responsible for bringing matters requiring action to the attention
of Government. The Minister also has responsibility to provide leadership through
setting the strategic direction and the policy framework, within which each of the
Justice & Equality Bodies operate.
2.1.1 Role of the Minister
The role of the Minister, as set out in the Act, includes the following provisions:
15 Registration of Deeds and Title Act, 2006; No. 12 0f 2006
http://www.irishstatutebook.ie/eli/2006/act/12/enacted/en/pdf
The purpose of this chapter is to provide an overview of senior
management governance roles and responsibilities, including
those relating to the Minister, Parent Department, Authority
members and Chief Executive.
Ministerial and Senior Management Roles & Assignment of Responsibilities
27
It is the role of the Authority to keep the Minister informed of progress in relation to
the registration of ownership of land and to assist him/her in the development of
policy in relation to such registration [Section 10].
It is the role of the Minister to appoint the members of the Property Registration
Authority and to designate one of the members as Chairperson. One of the
members appointed shall be a representative of the Minister [Section 11].
Subject to the approval of the Minister, the Authority may, from time to time, appoint
such and so many advisory committees and such and so many consultants or
advisers, as it may consider necessary, to assist it in the performance of its functions
[Section 17].
The Minister shall be furnished with a Strategic Plan every three years. On approval
by the Minister, the Strategic Plan is laid before each house of the Oireachtas. A
report on progress against this plan is presented to the Minister on an annual basis
[Sections 18-19].
The Minister may, from time to time, as occasion requires, issue to the Authority such
general directives in writing in relation to policy concerning registration of deeds or
ownership of land, or any other function of the Authority, as he/she considers
necessary However, it should be noted that nothing in the Act is to be construed as
enabling the Minister to exercise any power or control in relation to any particular
case with which the authority is or may be concerned [Section 20].
It is the role of the Minister to fix the fees to be charged by the PRA for registration
and other services [Section 21].
2.1.2 Departmental Oversight
As the parent Department, the Department of Justice and Equality is responsible for
oversight of the Property Registration Authority. The Department allows appropriate
distance and autonomy to the PRA to manage its operational business, whilst and
holding it to account. The role and responsibilities of both the Department and the
PRA are set out in more detail in the Governance Standard for Justice and Equality
Ministerial and Senior Management Roles & Assignment of Responsibilities
28
Bodies16. This standard classifies Justice & Equality Bodies into the 4 main
categories as set out in Figure 4. Categories are based on certain structural and
operational characteristics in place for each body (e.g. own Votes, own Accounting
Officer, own board etc.) which affect the level of governance/oversight/responsibility
already in situ within the body. Categorising the bodies provides for a minimum level
of governance activities for each category based on their individual characteristics.
Figure 4 - Department of Justice and Equality Governance Model
As a statutory body with its own Vote and Accounting Officer, the PRA falls into
category 1, Public Bodies of the Justice Sector. As such, the following governance
arrangements are in place:
Department of Justice and Equality has a Responsible Officer to liaise with
the PRA
16 Governance Standard for Justice and Equality Bodies, Department of Justice and Equality 2016
Ministerial and Senior Management Roles & Assignment of Responsibilities
29
A Performance Agreement (or Multi Year Governance Framework) between
the Department and the PRA
At least two structured Accountability and Performance meetings each year
If considered appropriate, annual meetings with the Secretary General may
be a requirement
Compliance Statement is completed annually by CEO (or equivalent)
Periodic effectiveness reviews of the Authority
2.1.3 Performance Agreement with Department of Justice and Equality
There is a fully documented Performance Agreement in place. The purpose of this
agreement is to put in place a process where the expectations the Department has,
in respect of the outcomes required from the PRA, can be measured and assessed.
Equally the expectations that the PRA has, in relation to the support, guidance and
information flow from the Department of Justice and Equality, which are vital in
enabling the Authority to achieve its strategic and operational goals, are identified
and delivered upon.
Agreed Commitments
The Performance Agreement sets out the commitments on the part of both the
Authority and the Department.
Both parties agree to proactive and timely communications, cooperation and
information on service delivery.
Both parties agree to consult and to keep each other fully appraised on all
matters of mutual relevance
Both parties agree on the effective realisation of this agreement and the
agreed targets that will come about.
In reciprocation the Department of Justice and Equality will provide the following
supports to the PRA to enable it deliver on its objectives:
Support the PRA, where necessary, in any sanction requests to the
Department of Public Expenditure and Reform
Assist the PRA in the annual estimates campaign
Ministerial and Senior Management Roles & Assignment of Responsibilities
30
Inform and involve the PRA in any activities related to the role that the PRA
play within the Department
Work with the PRA in the regular reporting processes under public sector
reform
Work with the PRA in providing information under the various national and
international measurement processes.
2.2 Authority
The Property Registration Authority (PRA) was established on 4 November 2006
under the provisions of the Registration of Deeds and Title Act 2006. As a statutory
body its members, are appointed by the Minister and are representative of the main
users and consumers of property registration services. The PRA replaced the
Registrar of Deeds and Titles as the “registering authority” in relation to property
registration in Ireland.
Whilst operationally independent, the PRA is accountable to the Minister, who is
ultimately responsible to the Oireachtas for the actions and performance of the PRA.
The functions of the Authority as set out in Section 10 of the Act are as follows:
(a) to manage and control the Registry of Deeds and the Land Registry,
(b) to promote and extend the registration of ownership of land,
(c) to deal with applications under Part III of the Landlord and Tenant (Ground
Rents) (No. 2) Act 1978 ,
(d) to undertake or commission, or collaborate or assist in, research projects
and activities relating to the registration of ownership of land, including the
compilation of statistical data needed for the proper planning, development
and provision of services related to such registration,
(e) to perform any additional functions conferred on it
(f) to keep the Minister informed of progress in relation to the registration of
ownership of land and to assist him or her in the development of policy in
relation to such registration.
In carrying out its functions the Authority shall have regard to:
Ministerial and Senior Management Roles & Assignment of Responsibilities
31
the resources of the Property Registration Authority for the purposes of such
performance and the need to secure the most beneficial, effective and
efficient use of such resources;
any policy or objective of the Government insofar as it may affect or relate to
a function of the Authority; and
any direction by the Minister.
2.2.1 Meetings of the Authority
The members of Authority meet not less than once in each three month period, retain
full and effective control over the Property Registration Authority and monitor the
executive management and performance by reference to the Strategic Plan of the
Authority.
2.2.2 Appointments to the Authority
Arrangements for appointment to the Authority, similar to that of all State Boards,
(commercial and non-commercial) are set out in the 'Guidelines on Appointments to
State Boards' (2014). According to the Guidelines, all vacancies (subject to limited
and specified exceptions including the role of the Chair) are advertised openly on the
State Boards portal (www.stateboards.ie), operated by the Public Appointments
Service (PAS). Applications are then processed by way of a transparent assessment
system designed and implemented by the PAS to support the Minister in making
appointments to State Boards under his/her remit. Appointments meet specific and
detailed criteria determined in consultation with key stakeholders (such as the current
Chair of the State Board concerned and the Public Appointments Service) as
necessary for the effective performance of the relevant role(s).
2.2.3 Subcommittees of the Authority
Subject to the approval of the Minister, the Authority may from time to time appoint
such and so many advisory committees and such and so many consultants or
advisers as it may consider necessary to assist it in the performance of its functions.
Ministerial and Senior Management Roles & Assignment of Responsibilities
32
2.2.4 Matters specifically reserved for the Authority
The Authority has a formal schedule of matters specifically reserved to it for decision
to ensure that the direction and control of the Property Registration Authority is
undertaken by it in accordance with its statutory remit.
2.2.5 Authorisations
In accordance with Section 26 of the Act, the functions of the Authority may be
performed by any member or members of staff who is or are authorised to do so. All
authorisations pursuant to this provision must be formally adopted by the Authority. A
list of current authorisations of the PRA pursuant to the provisions of the Registration
of Deeds and Title Act 2006 -2014 is given in Appendix 3.
2.3 Rules Committee
The Registration of Deeds and Title Rules Committee performs certain statutory
functions and with the agreement of the Minister has the power to make general rules
[Sections 126 and 74 of the 1964 Act].
Membership of the Committee comprises:
1) Chairperson: A High court Judge assigned by the President of
the High Court
2) Secretary: Chief Executive of the Authority
3) Chairperson of the Authority
4) A practising Barrister nominated by the Bar Council
5) A practising solicitor nominated by the Law Society
The Secretary of the Committee must summon a meeting at least once a year to
consider practice, procedure and administration under the Acts of 1964 and 2006
and the operation and effect of those acts. The Committee reports to the Minister for
Justice and Equality on the amendments it considers should be made to the existing
Land Registration Rules.
Ministerial and Senior Management Roles & Assignment of Responsibilities
33
2.4 The Chief Executive and Accounting Officer Role
In accordance with Section 22 of the 2006 Act, the Chief Executive is responsible for
implementing the decisions of the Authority and for managing and controlling its staff,
administration and business. Furthermore in accordance with Section 23 of the Act,
the Chief Executive is the Accounting Officer for the Property Registration Authority
and, as such, carries all of the responsibilities of that role. The Chief Executive
reports to the Authority in relation to the performance of these functions.
2.4.1 Accounting Officer Role
The Comptroller and Auditor General (Amendment) Act, 199317 defined the term
Accounting Officer in legislation for the first time. The Accounting Officer is described
in this Act as the "Officer referred to in Section 22 of the Exchequer and Audit Departments
Act, 1866 to whom the duty of preparing the Appropriation Accounts of a Department is
assigned…"
The constitution provides that Dáil Éireann votes funds annually for Government
Departments and certain offices, including the Property Registration Authority, to
spend on the provision of public services. After the end of the year, the PRA must
prepare an account of its expenditure and receipts under its Vote, called the
Appropriation Account. This Account must be signed by the Accounting Officer who
is responsible for having it prepared and presented for audit to the Comptroller and
Auditor General before 1 April of the year following that to which it relates.18
The key feature of the Accounting Officer role is the personal responsibility of the
most senior official for
the regularity and propriety of the transactions in the accounts for which s/he
is answerable;
the control of assets held by the Authority;
economy and efficiency in the use of the Authority’s resources and
for systems, practices and procedures used to evaluate the effectiveness of
its operations.
17 No 8 of 1003 18 Articles 11, 21, 28 and 33 Bunreacht ha hÉireann
Ministerial and Senior Management Roles & Assignment of Responsibilities
34
Accounting Officers cannot be familiar with every financial transaction on the
accounts and for that reason there is a particular responsibility to ensure that the
financial management and control systems in place in the Authority are adequate to
enable the discharge of this accountability. Such systems are outlined in detail in
Chapter 4.
2.4.2 The Accounting Officer and the Public Account Committee
Accountability is exercised by means of rigorous examination of the manner in which
Accounting Officers have discharged their responsibilities by means of independent
audit and examinations by the C&AG and of scrutiny by the Dáil Committee of Public
Accounts (PAC).
In appearing before the PAC the Accounting Officer appears in his/ her own right
rather than as a representative of the Minister as part of the Minister’s constitutional
responsibility. The duties of the Accounting Officer before the PAC are thus outside
the normal system of civil service delegation where, in general, civil servants act in
the name of the Minister.
Under section 19 of the 1993 Act Accounting Officers are required to give evidence
to the PAC of
a) the regularity and propriety of the transactions recorded or required to be
recorded in any account subject to audit by the Comptroller and Auditor
General which s/he or the Department concerned is required by or under
statute to prepare,
b) the economy and efficiency of the Department in the use of its resources,
c) the systems, procedures and practices employed by the Department for the
purpose of evaluating the effectiveness of its operations, and
d) any matter affecting the Department/office referred to in a special report of the
Comptroller and Auditor General under Section 11(2) or in any other report of
the Comptroller and Auditor General (in so far as it relates to a matter
specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann.
The 1993 Act broadened the statutory duties of Accounting Officers to cover
economy and efficiency in the use of resources and the systems, practices and
procedures to evaluate effectiveness of the operations of Departments and Offices.
Ministerial and Senior Management Roles & Assignment of Responsibilities
35
Since the introduction of the Act the Office of the C&AG, therefore, has been
devoting considerable resources to carrying out Value for Money examinations which
result in stand- alone reports dealing with these issues.
The 1993 Act also provides a statutory basis for the accepted convention that
Accounting Officers should not express an opinion on the merits of any policy when
giving evidence to the PAC. This provision is the same as that imposed on civil
servants generally in appearing before Oireachtas Committees. Likewise, under its
Standing Orders the PAC may not enquire into the merits of a policy or policies of the
Government or a member of the Government or the merits of the objectives of such
policies.
2.4.3 Principles and Conventions
Apart from the statutory provisions, Accounting Officers operate within established
principles and conventions that are derived mainly from the Constitution and from the
institutional and financial relationships that have been developed between the
Oireachtas and the Government over the years. The reports and recommendations
of the PAC are one of the main sources of these principles. They are set out in the
guide "Public Financial Procedures"19.
The responsibilities of Accounting Officers are set down in Section A5 of Public
Financial Procedures which is brought to the attention of each Accounting Officer on
appointment. In addition to the preparation of the Appropriation Accounts the main
responsibilities of Accounting Officers as laid down in this guide are as follows:
The safeguarding of public funds and property under his or her control.
Ensuring that all relevant financial considerations are taken into account and,
where necessary, brought to the attention of the Minister where they concern
the preparation and implementation of policy proposals relating to expenditure
or income for which s/he is Accounting Officer.
Economy and efficiency in the administration of the Department/Office. This
includes ensuring that there are adequate financial management systems in
place to support the proper administration of the Department/Office in an
economic and efficient way.
19 http://govacc.per.gov.ie/public-financial-procedures-booklet-by-section/
Ministerial and Senior Management Roles & Assignment of Responsibilities
36
The adequacy of arrangements within the Department/Office to ensure the
correctness of all payments under his/her control and the prompt and efficient
recovery and bringing to account of all receipts connected with the Vote, or
with any fund for which the Department is responsible.
Ensuring that Department of Finance sanction for expenditure has been
obtained and for the maintenance of a central record of both delegated and
specific sanctions.
Responsibilities for internal audit, including reviewing the internal audit
function to ensure there is the desired quality of assurance on the adequacy,
reliability and efficiency of the Department’s/Office’s internal control system.
2.5 Assignment of Management Roles and Responsibilities
The assignment of responsibility for the performance of functions by individual
officers are made on the basis of the personal (or team) work objectives identified
under or associated with the Statement of Strategy and Business Plans. The Chief
Executive, as Head of the office, assigns specific responsibilities to managers at
other levels, in line with the provisions of the Public Service Management Act, 1997.
Assignments can be amended on an ongoing basis by the Chief Executive.
Under Action 21 of the Civil Service Renewal Plan, all Government Departments and
Offices are obliged to publish a Framework of Assignments. This Framework covers
such assignments of responsibilities under the 1997 Act. This information in relation
to the Property Registration Authority is located at
http://whodoeswhat.gov.ie/root/pra/.
2.6 Leadership and Organisational Capacity
According to the OECD, effective leadership is a critical component of good public
governance.20 In a recent study on leadership in the civil service the lowest scoring
for all senior managers related to human capital development21. A focus on staff
development, therefore, can be seen as a leadership strength focusing on
20 OECD (2004) Public Governance and the Role of the State. Paris: OECD.
21 Mc Carthy, A, Grady, G. and Daly, G. (2011) Leadership in the Irish Civil Service: A 3600Review of Management
Capability available at http://www.nuigalway.ie/cisc/documents/leadership_in_the_irish_civil_service.pdf
Ministerial and Senior Management Roles & Assignment of Responsibilities
37
organisational capacity and ensures that the right talent will be in place to achieve
the longer term strategic objectives of the organisation.
2.6.1 Leadership
Each individual member of the Management Board has a responsibility to show
leadership, to contribute to the management of the Authority as a whole and to
actively support colleagues in meeting their objectives. Leadership and management
must therefore set the tone for effective governance from the top while showing
example to staff of good governance behaviours and demonstrating a commitment to
achieving Government objectives through an accountable process.
2.6.2 Organisational Capacity
The Management Board seeks to ensure that there is a strategy in place to achieve
the goals established in the Statement of Strategy. To that end, there are a number
of key operational strategies in place including a Workforce Action Plan, Staff Mobility
Policy and a Learning and Development Strategy. Together these strategies support
the development of new skills and behaviours, continuous professional development
and ensure that staff can access the appropriate mix of training and development
opportunities.
Workforce planning is based on the premise that an organisation operates most
effectively when the right people with the right knowledge, skills and competencies
are deployed appropriately. It promotes organisation appropriate succession planning
and talent management. Workforce planning in the Property Registration Authority is
the primary responsibility of the HR Manager. In carrying out this role, the HR
Manager works closely with the other members of the Management Board, together
with Divisional Managers.
2.6.2.1 ICT Governance and Security
The core business of the PRA is the maintenance and dissemination of information
relating to the registration of property and deeds in Ireland. The PRA is a unique
source for much of the information that it holds and its customer base, drawn mainly
from the legal, law searching and financial services professions and public authorities
is very heavily dependent on the availability, reliability and integrity of such
Ministerial and Senior Management Roles & Assignment of Responsibilities
38
information. The land register itself, including the spatial component, exists only in
electronic format which means ICT governance and security are of critical
importance.
ICT governance is informed by the ICT strategy documents, Arrangements for Digital
and ICT-related Expenditure in the Civil and Public Service issued by the Department
of Public Expenditure and Reform22 and various ICT usage policy documents signed
by all staff. The alignment of ICT projects and operations to business requirements is
ensured by the ICT Steering Committee and the ICT Manager who is also a member
of the Management Board.
In order to meet the expectations of its customers, and to fulfil its legal and statutory
obligations, it is essential for the PRA to have a well-developed information security
policy and access control regime in place which accords with best industry practice
and which provides appropriate safeguards. Network and system security is not, of
course, a static exercise. It is, by its nature a 'work in progress' and it is, therefore,
equally essential that the security policies, measures, activities, services and
products are kept constantly under review as new threats come to light.
In recognition of this evolving landscape, the information security policy is
underpinned with the following measures:
Use of 'best-of-breed' security procedures and security technology.
Deployment of technical staff, to a dedicated ICT security section within the
ICT Unit, trained to the required level reporting to an Information Security
Manager who, in turn, reports to the ICT Manager on security matters.
External expertise is also engaged, where appropriate.
An ongoing programme of training and development for technical staff on
security and related issues, relevant to the PRA’s technical and infrastructural
environment.
An ongoing programme of information and awareness for the staff of the
PRA.
22 DPER Circular 02/16 Arrangements for Digital and ICT-related Expenditure in the Civil and Public Service
Ministerial and Senior Management Roles & Assignment of Responsibilities
39
2.6.2.2 Records Management
The Property Registration Authority has a “print to file” policy. There is a standard
classification system for all administration files, and all new files are opened within
this classification. Manual files are recorded and assigned a reference number on an
electronic recording system based on category and sub-category.
A records management review is currently underway with a view to developing a new
electronic records management system to manage larger electronic files which are
not amenable to printing.
2.6.2.3 Financial Management and Procurement
The role of the Finance and Procurement Unit is to assist with the overall
management of the financial and procurement affairs of the Authority.
This includes -
embedding a system of financial delegation;
segregation of duties and accountability;
monitoring, analysing and reporting on expenditure against agreed budgets;
managing the receipt of fees collected on behalf of and paid over to the
Exchequer on an ongoing basis;
preparing accounts at the end of each financial year for audit by the
Comptroller and Auditor General;
ensuring that the Department’s procurement policy, procedures, practices and
templates comply with EU law and National Guidelines;
providing support and advice as and when required to staff and to ensure
procurement is compliant with EU law and National Guidelines.
Fees Fees received in respect of Land Registry and Registry of Deeds services are
remitted weekly to the Exchequer. Under section 21(2) of the Registration of Deeds
and Title Act 2006 fees which are set by the Minister, shall not be fixed at a level
calculated to produce an amount which is less than that sufficient to discharge the
Ministerial and Senior Management Roles & Assignment of Responsibilities
40
salaries, remuneration and other expenses payable under and incidental to the
working of the 2006 Act.
Management Board & Other Governance Structures
41
3. Management Board & other Governance Structures
3.1 Management Board Terms of Reference
The Authority has adopted the following key objectives in its Statement of Strategy
2016-201923:
Completion of the Irish Land Register,
Maintenance of a reliable and accurate system of land registration,
Meeting the Needs of the customer,
Delivering the Goals in a reformed public service,
Optimise use and value of the Register.
The purpose of the Management Board of the Property Registration Authority is to
provide for shared participation and responsibility for the operational success of the
entire organisation in meeting these key objectives. This includes accountability for
the effective management of the organisation and ensuring it has the capacity to fulfil
this role by developing the capability of the leadership team, management and staff.
The Terms of Reference for the Management Board are outlined over the course of
this Chapter.
3.1.1 Membership/composition
The Management Board is chaired by the Chief Executive Officer. The membership
comprises those officers at Principal Officer and above who hold responsibility for the
following functions in the Property Registration Authority:
Deputy Registrar – Corporate Affairs
Deputy Registrars Legal Services (x 3) 23Available at http://www.prai.ie/publications/
The purpose of this chapter is to set out the role, responsibilities
of the Management Board.
Management Board & Other Governance Structures
42
Corporate Services
Human Resources
Operations and Casework Management
Information and Communications Technology
Registration Mapping/spatial Data
Financial Control
3.1.2 Meetings
The Management Board meets at regular intervals, as the Chief Executive deems
necessary. In the absence of a Chief Executive convening of meetings will be
agreed by MB members.
To form a quorum, there must be at least half the members of the Board plus one in
attendance at each meeting.
Members of the Management Board may submit items for inclusion on the agenda
prior to meetings. Prioritisation is decided by the Chief Executive.
All members of the Management Board attend meetings. Other Officers of the PRA,
or external experts, as deemed necessary by the Chief Executive, may attend for the
full board meetings, or for particular agenda items.
3.1.3 Shared Participation
The principle of shared participation and responsibility applies to decisions made by
the Management Board. The role of members includes participating proactively on
the Management Board using their experience to challenge and critically examine
items under discussion. It is expected of members that in providing leadership and
strategic direction, they do not focus solely on their own functions.
Management Board & Other Governance Structures
43
3.1.4 Roles
The role of the Chief Executive Officer in respect of Management Board comprises:
a. Scheduling, convening and chairing regular meetings;
b. Ensuring the Management Board considers any matters that threaten the
propriety or value for money with which the Authority carries out its business;
and
c. Ensuring the Management Board considers any significant issues which may
impact on the Authority’s medium term capacity and capability or significant
risks to delivery on its goals, together with details of mitigating actions
proposed or taken.
The role of chair is complementary to and does not conflict with the existing statutory
roles of the Chief Executive or Accounting Officer.
The role of all members of the Management Board encompasses both corporate and
functional responsibilities and includes the following:
a. Regular attendance and active participation at meetings;
b. Specific responsibilities arising from their individual roles as Board members;
c. Participating proactively in the management of the Board and not focusing
only on their own functions in providing leadership and strategic direction, and
driving and overseeing the implementation of strategies;
d. Showing leadership, contributing to the management of the PRA, as a whole,
and actively supporting colleagues in meeting organisational objectives;
e. Using their experience to challenge and critically examine items under
discussion by the Management Board;
f. Notifying the Management Board of any matters that threaten the propriety or
value for money with which the PRA carries out its business; and
g. Notifying the Management Board of any significant issues which may impact
on the Authority’s medium term capacity and capability or significant risks to
delivery of its goals, together with details of mitigating actions proposed or
taken.
Management Board & Other Governance Structures
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3.1.5 Matters Appropriate for the consideration of Management Board
Matters appropriate for consideration by the Management Board, include, but are not
limited to:
a. Implementation of Government Policy;
b. Achievement of the goals as set out in the Statement of Strategy;
c. Operational strategies, as appropriate, to best implement the goals
d. Monitoring performance against targets;
e. The Business Plans as agreed with all Divisional Managers;
f. Risk management;
g. Discussion of major strategic challenges confronting the PRA and strategies
affecting the long term interests of the PRA (including technological
developments, financial and Human Resource allocation, Human Resources
strategies);
h. Workforce Planning
i. Ensuring the integrity of the Register is forefront;
j. Ensuring that cross-cutting and longer term issues are fully accounted for in
resource planning, policy formulation and advice;
k. Developing services to meet customer demand;
l. Developing future strategy in collaboration with the Authority;
m. Budget allocation and performance;
n. Ensuring effective communication throughout the organisation including
dissemination of information on the role and decisions of the Management
Board where appropriate, driving engagement with staff and communication
with external stakeholders;
o. Considering and debating major policy issues and wider external issues of
significance;
p. High-level consideration of significant management and investment decisions
made;
q. Ensuring Strategic Human Resources and Organisational Capacity and
Capability Reviews are conducted periodically;
r. Ensuring that all opportunities are examined that will exploit and embrace
technology and innovation to transform how services are delivered;
s. Appropriate Governance arrangements and clarity on roles and
responsibilities
t. Participation at national and international fora.
Management Board & Other Governance Structures
45
3.1.6 Relationship with the Chairman and Members of the Property Registration Authority
The Management Board, through the Chief Executive reports formally to the
meetings of the members of the Property Registration Authority. The Chief
Executive’s Report consists of the following standing items:
Financial Situation
Workflow Situation
Information Technology
Other Developments
HR Updates
Legislative Developments
The Management Board, through the Chief Executive reports to the Chairman and
the members of the Property Registration Authority on an ongoing basis as the need
arises.
3.1.7 Relationship with the Parent Department
A formal Service Level Agreement is in place between the PRA and the Department
of Justice and Equality. The Management Board undertakes to return relevant and
appropriately detailed performance information to allow for monitoring of this Service
Level Agreement. This may include:
Relevant and appropriately detailed performance information for inclusion in
the Revised Estimates for Public Services volume; and
Performance information in line with the set of such indicators, and in keeping
with the timeframe, agreed with the Department of Justice and Equality.
Management Board & Other Governance Structures
46
3.1.8 Committees
The Chief Executive, when considered appropriate, may establish committees,
whose role to examine key strategic issues facing the PRA and to make their findings
known to the Management Board. Such Committees shall be comprised of selected
members of the Management Board, together with other Officers of the PRA as
considered appropriate. PRA standing committees include:
Budgetary Committee
ICT Steering Committee
Learning and Development Oversight Committee
Health and Safety Committees
Project Boards
Tailte Éireann Implementation Working Groups
It is the role of the Management Board to ensure that each such committee has clear
Terms of Reference which identify and set out the purpose, structure and formal
reporting lines and reporting frequency. All ongoing governance activity, including
committee meetings, is outlined in Appendix 2.
Health and Safety Committee In accordance with Section 20 of the Safety, Health and Welfare at Work Act 2005, a
Safety Statement outlining the policy of the Property Registration Authority has been
prepared and is posted on the Intranet. Overall and final responsibility is that of the
Property Registration Authority which delegates responsibilities as set out in the
Safety Statement. The management of safety, health and welfare in each building is
delegated to Divisional Managers and appointed persons. The Corporate Services
Unit has responsibility for Chancery Street, in so far as it relates to building
maintenance and carrying out safety inspections. Local Safety, Health and Welfare
Committees consisting of management and staff have been set up in Dublin,
Roscommon and Waterford. Meetings are held quarterly and act as a two-way
exchange of information in relation to relevant issues. Staff use this mechanism to
make representations to management while management keep staff informed of any
developments regarding the arrangements for safety, health and welfare, taking
account of representations.
Management Board & Other Governance Structures
47
3.1.9 Performance and Evaluation
A mechanism for performance evaluation annually of the Management Board will be
decided in due course by the members. All PRA Management Board members are
expected to be open to constructive feedback on their individual performance.
One option for such evaluation is individual completion of a relevant questionnaire by
all Management Board members to assess compliance with governance
requirements and the general performance and effectiveness of the board. The
Chair or an external facilitator could then collate the responses and lead discussion
on the key issues arising from the responses. The main focus will be on key areas
which require improvement and corrective action and relevant action items can be
progressed as required. Another option is to complete such a questionnaire and /or
hold a general discussion on management board performance every alternate year.
In evaluating overall Management Board Performance priority will be given to the
following issues incorporating both internal and external perspectives:
PRA strategies and risk assessments
Compliance with Governance standards
Outcomes of previous Management Board evaluations
Enhancing Management Board processes, quality of discussion, group
dynamics, and relationships
Potential Management Board development needs and improving individual
and team effectiveness
Highlighting best practice as it relates to Management Boards
Views of stakeholders in the PRA’s authorising environment , including the
Authority and parent Department , on corporate governance performance
Current and emerging factors in the external environment
A sample questionnaire is provided in Appendix 5. This draws inter alia on certain
recommendations of the Wright Report24 and the Toland Report25 on organisation
24 Strengthening the Capacity of the Department of the Department of Finance: Report of the Independent Review
Panel December 2010 available at http://www.finance.gov.ie/sites/default/files/deptreview.pdf
Management Board & Other Governance Structures
48
structures and embedding clear lines of ownership of issues, responsibility and
accountability. It has been tailored, as appropriate for a civil service executive
Management Board setting, from the Audit Committee Institute checklist26 for
assessment of non-executive boards generally.
To make the process most effective the Management Board may opt to adapt any
such questionnaire on a regular basis, as required.
25 Report of the Independent Review Group on the Department of Justice and Equality July 11th , 2014 Available at
http://www.justice.ie/en/JELR/Independent%20Review%20Accessible.pdf/Files/Independent%20Review%20Accessi
ble.pdf 26 Audit Committee Institute available at
http://www.kpmg.ie/aci/documents/101878_Board_Effectiveness_Quest_Flyer_Feb12%20(2).pdf
Audit, Assurance & Compliance Arrangements
49
4. Audit, Assurance and Compliance Arrangements
4.1 Introduction
The Accounting Officer cannot, of course, be fully acquainted with every detail of the
accounts for which they are responsible, so they must have a range of audit,
assurance and compliance arrangements in place to assist them.
These arrangements include:
internal controls
internal audit
audit committee
Risk management
It is the purpose of this section to outline how these arrangements are in place and
working within the PRA.
4.2 State Guarantee: Compensation Scheme
The core business of the PRA involves examining legal documents and related maps
submitted as applications for registration, interpreting the legal effect of such
documents and recording their legal impact on the registers and maps. Since the
Irish land register is a public record, any person may inspect the folios and maps, on
payment of the prescribed fees.
The title shown on the folio is guaranteed by the State .Compensation provisions
may therefore apply where a person suffers loss as result of an error, fraud or forgery
arising from an entry or omission in the register or map [Section 120 of the 1964 Act].
This chapter contains an overview of audit and assurance
arrangements together with a description of the key role of
internal controls in the overall governance framework.
Audit, Assurance & Compliance Arrangements
50
In furtherance of the strategic objective to maintain a reliable and accurate system of
land registration, there is in place a range of measures to safeguard the integrity of
the register and its maps. These include inter alia strict adherence to Practice
Directions and Office Notices, a comprehensive training regime, a Process
Assurance Group and a Quality Assurance Unit. Collectively these arrangements
represent the key internal controls governing casework operations.
4.3 Internal Control Framework
A key element in any corporate governance framework is an effective system of
internal control. Internal control has been defined by the Auditing Practices Authority
as:
“The whole system of controls, financial and otherwise, established by management
in order to carry on the business of the enterprise in an orderly and efficient manner,
ensure adherence to management policies, safeguard the assets and secure, as far
as possible, the completeness and accuracy of the records ... it is the responsibility of
management to decide the extent of the internal control system which is appropriate
to the enterprise”.27
4.3.1 Internal Financial Control
The following represents the key elements of internal financial control in operation
within the Property Registration Authority -
A system of delegation and accountability
Proper authority for the making of payments (e.g. Department of Public
Expenditure sanction)
Segregation of duties, particularly where the processing of transactions is
involved
27 quoted in Role and Responsibilities of Accounting Officers, published by the Department of Finance 2003.
Audit, Assurance & Compliance Arrangements
51
Careful selection of officers with responsibility for money, including ensuring
that they have the skills commensurate with their responsibilities and that they
are appropriately monitored.
Documentary and physical controls to safeguard assets.
Information and reporting arrangements to Management Board, Authority,
Parent Department and Department of Public Expenditure and Reform.
Documented financial policies and procedures, including ensuring that they
are available throughout the Department/Office.
Systems to ensure budgetary control.
Systems to review and evaluate controls, including Internal Audit and Audit
Committee.
4.3.2 Appropriation Account
After the end of the year the Accounting Officer must prepare an account of their
expenditure and receipts (any moneys received as appropriations-in-aid during the
year), known as the Appropriation Account. The Accounting Officer of the Property
Registration Authority is responsible for having the Appropriation Account for Vote
23, for which he/she is responsible, prepared and presented for audit to the
Comptroller and Auditor General (the C&AG) by 1 April of the year following that to
which it relates.
The C&AG then audits each Appropriation Account, testing whether the receipts and
expenditure recorded are supported by documentation, whether the expenditure was
applied for the purposes intended by the Oireachtas and whether the transactions
recorded conform with the authority for them. The C&AG then lays the Account
before the Dáil, together with his certificate that it properly records the receipts and
expenditure of the Department or Office concerned (if he considers that the Account
does not in fact do so: he may qualify his certificate.) and with such report as he
considers appropriate on foot of his audit of the Account. The C&AG is precluded by
law from expressing an opinion about policy
in his report.
Audit, Assurance & Compliance Arrangements
52
4.3.3 Statement of Internal Financial Control
In the role as Accounting Officer, the CEO of the Property Registration Authority must
also sign, on an annual basis, the Statement of Internal Financial Control. The
Statement of Internal Financial Control, which is a preface to the Appropriation
Account, is a written acknowledgement on the part of the Accounting Officer of the
role he/she has in ensuring that an effective system of internal financial control is in
place within the Office.
The statement must contain confirmation that the control environment contains the
following elements:
Financial responsibilities have been assigned at management level with
corresponding accountability
Reporting arrangements have been established at all levels where
responsibility for financial management has been assigned
Formal procedures have been established for reporting significant control
failures and ensuring appropriate corrective action
There is an Audit Committee to advise him/her in discharging his/her
responsibilities for the internal financial control system
The Statement goes on to describe the arrangements in place in respect of, inter alia,
administrative controls, management reporting and internal control. In addition, the
Statement contains details of the Letters of Assurance provided to the Accounting
Officer by the Accounting Officers of the Department of Public Expenditure and
Reform and the Accounting Officer of the Department of Justice and Equality in
respect of controls in place for shared services28 supplied to the PRA.
4.3.4 Procurement
A further key element of internal control is that of adherence with procurement
guidelines. The Property Registration Authority must adhere to strict procurement
guidelines in all matters pertaining to the purchase of goods and services.
28 (1) HR Shared Services Centre - PeoplePoint and (2) Payroll Shared Services Centre- PSSC
Audit, Assurance & Compliance Arrangements
53
Implementation of these guidelines is the remit of the Procurement Manager and the
Finance and Procurement Unit.
Different procurement procedures apply depending on what is being procured and
the value of a contract. Contracts must not be artificially split in order to avoid a
formal compliant procurement process. Different EU thresholds apply depending on
the nature of the contract being procured. These thresholds are revised every two
years by the EU Commission. Summary procedures for each procurement threshold
are set out in the table below, but before conducting any procurement, the full
internal procedure document should be read and understood.
Value of contract (excl. VAT) Procurement procedure
Up to €500 Purchase directly
Over €500 and less than €5,000
Issue a Request for Quotation (RFQ) to
one or more suppliers (check to see if
the OGP can procure directly or have
an existing suitable contract/framework
agreement in place)
Between €5,000 and €25,000
Issue a RFQ to a minimum of three
suppliers (check to see if the OGP can
procure directly or have an existing
suitable contract //framework
agreement)
Over €25,000 to EU threshold
€135,000
In accordance with DPER Circular
10/14 issue a formal RFT on eTenders
(check to see if the OGP can procure
directly or have an existing suitable
/framework agreement).
Over EU threshold €135,000
Issue a formal RFT pursuant to a
Notice in the Official Journal of the EU
via the website: www.etenders.gov.ie
Audit, Assurance & Compliance Arrangements
54
4.4 Internal Audit
4.4.1 Role of Internal Audit
The primary role of the Internal Audit Function is to give assurance to the Chief
Executive as Accounting Officer and to the Audit Committee on the adequacy and
effectiveness of the Property Registration Authority’s system of internal controls. The
Internal Audit Function discharges this responsibility by critically and objectively
examining on a risk focused basis -
the adequacy and reliability of systems (including the relevant technology)
and procedures
the compliance with management controls
the compliance with corporate objectives and strategies
the compliance with laws and regulations
the reliability and integrity of management information
the arrangements for the acquisition, custody and disposal of assets and for
verifying their existence
and by identifying deficiencies or weaknesses in systems and making appropriate
recommendations.
Comprehensive records are maintained to demonstrate that audit work has been
performed to best practice standards. Internal Audit is responsible for ensuring the
confidentiality and safekeeping of all records and information accessed in the course
of internal audit work. Should the internal audit function, during the course of its work,
discover evidence of fraud it may bring this to the attention of the Chief Executive as
Accounting Officer and the Audit Committee, without prior reference to local
management.
The internal audit function may also, at the request of Chief Executive as Accounting
Officer and with the agreement of the Audit Committee, engage in specific fraud
investigation work.
Audit, Assurance & Compliance Arrangements
55
4.4.2 Delivery of Internal Audit Function
The PRA relies upon an external delivery model for the provision of Internal Audit Services.
Amongst the key areas which are regularly subject to internal audit reviews are:
Financial Control
Casework; compliance with procedures
ICT Security
Human Resources: compliance with legislation and DPER circulars
Risk Management
4.4.3 Charter for Internal Audit
The internal audit function has a formal charter, including terms of reference, which
has been approved by the Authority. The charter deals with inter alia the
independence of the audit function, its reporting responsibilities, and proposed audit
methodologies.
4.4.4 Internal Audit Methodology
The Internal Audit Function carries out audit work in accordance with standards and
guidelines issued by Department of Public Expenditure and Reform and has regard
to best practice of organisations such as the Institute of Internal Auditors.
In carrying out its duties, internal audit works constructively with management and
staff. During the course of an audit, management and staff will be required to co-
operate fully with internal audit team’s requirements. Internal Audit will normally notify
line management at least two weeks prior to the commencement of an audit. In the
course of each audit, the audit team will discuss its findings with the line
management concerned. Normally, an exit meeting will be held with the appropriate
Head of Division.
Draft internal audit reports will subsequently be issued to management for response.
Management do not amend draft internal audit reports or cause them to be amended.
Management are afforded an opportunity to address findings. Where Internal Audit
Audit, Assurance & Compliance Arrangements
56
and management fail to reach agreement on issues/recommendations considered to
be of material importance by Internal Audit, the final audit report will reflect the
positions of both.
The attention of the Chief Executive as Accounting Officer and the Audit Committee
will be drawn specifically to these issues/recommendations, so that appropriate
action may be taken by senior management.
4.5 Audit Committee
The PRA has an Audit Committee in place. The role of the Audit Committee, as part
of the ongoing systematic development of the control environment and governance
procedures within the PRA is -
To act as a source of independent advice to the Chief Executive, as
Accounting Officer and members of the PRA, on matters relating to financial
management and control;
To oversee the internal audit function and advise the Chief Executive as
accounting officer and the Authority in relation to the operation and
development of that function
To assess whether appropriate action is taken to deal with key issues
identified by the internal audit unit and by external audit
To examine and monitor the implementation of the Authority’s risk
management strategy
To facilitate improvements in internal audit and internal control through the
exchange of information
4.5.1 Audit Committee Arrangements in PRA
The Audit Committee -
Operates under a written charter.
Has significant external representation (at least 2 members), including, in the
normal course, representatives from the private sector with appropriate
expertise.
Prepares an annual report to the Accounting Officer reviewing its operations.
Audit, Assurance & Compliance Arrangements
57
Invites the Comptroller and Auditor General, or his nominee, to meet the
Committee at least once a year.
4.5.2 Relationship between Audit Committee and Internal Audit Function
There is a clearly defined relationship between the Audit Committee and the Internal
Audit Function within the PRA. It is important to note that the Committee’s role is
advisory rather than supervisory. The Audit Committee is engaged on the following:
Reviewing and advising on the programme of work for Internal Audit within
the PRA
Approving and periodically reviewing a charter for Internal Audit which clearly
defines the purpose, authority, role, responsibility and reporting relationships
of the Audit Committee, Internal Audit Unit and relevant management of the
PRA
Assessing the results of completed internal audit reports, evaluating the
effectiveness of internal control and advising the Chief Executive as
Accounting Officer and the Authority of its conclusions thereon
Advising the Chief Executive, as Accounting Officer, and the members of the
Property Registration Authority on the effectiveness of the internal audit
function.
Monitoring the implementation of the audit plan
Requesting special reports from internal audit as considered appropriate
Fostering the development of best practice in the internal audit function
4.6 Risk Management
Risk may be defined as the possibility of the Authority failing to achieve its objectives,
as set out in its Statement of Strategy, due to any internal or external event. The
Property Registration Authority implements a Risk Management policy as
recommended by Department of Public Expenditure and Reform.
Audit, Assurance & Compliance Arrangements
58
4.6.1 Risk Management Programme
Risk management is a process of clearly defined steps which support better decision-
making by contributing a greater insight into risks and their impacts. Risk
management within the PRA is not a stand-alone activity that requires special skills
and resources that add to the administrative burden. Rather the focus is at all times
on successfully managing risk rather than on the system of risk management.
The key elements of the risk management programme within the Authority are
Identification and assessment of the risks
An evaluation of the likelihood of the risk occurring
Ensuring that comprehensive controls are in place to prevent, detect and
recover from any incidents
Monitoring and reporting to the Authority
Putting in place an effective communication, learning and awareness
campaign to ensure that risk management is embedded in staff’s everyday
responsibilities.
4.6.2 Risk Management Responsibility
The Authority of the Property Registration Authority has overall responsibility for
ensuring that a risk management policy is defined and in operation within the
organisation.
The Chief Executive manages and directs the overall risk management process. A
Risk Register is presented on a quarterly basis to the Management Board and put
before the members of the Authority.
Members of the Management Board are responsible for
Implementing the Authority’s risk management process in their Division;
Identifying, evaluating and signing off on risks at Divisional level;
Owning and managing the risks within the Division’s organisational or
functional remit on a day to day basis;
Ensuring clear roles and responsibilities for risk identification, management
and reporting are defined within their areas using PMDS and business
planning;
Audit, Assurance & Compliance Arrangements
59
Ensuring compliance with the formal risk reporting requirements on an
ongoing basis;
Ensuring risk management awareness throughout the Division.
Staff: individual members of staff are responsible for
Operating and monitoring the system of internal control;
Proactively identifying risk issues and bringing these to the attention of
management;
Ensuring that all risks are identified and reported in a timely and effective
manner.
The Authority’s Audit Committee reviews and advises upon the processes for
managing risk in the Authority. The Audit Committee have a standing agenda item on
risk at its meetings and receive feedback from the Authority’s management on the
implementation and performance of the risk management process.
On a day to day basis, primary responsibility for risk management lies with line
management within the Authority.
4.6.3 Risk Register
The Authority maintains its own centralised records about its risks in a risk database
or register. This register is the primary tool for risk tracking, containing the overall
system of risks and the status of any risk mitigation actions.
The details contained in the risk register pertaining to each individual risk include:
A description of the risk
Business area responsible for managing the risk
The relevant strategy impacted
The likelihood of the risk occurring
The impact of the risk
The control effectiveness
The overall risk rating
The consequences of the risk
Measures to address the risk
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Additional action necessary
The Owner of the risk
4.6.4 Review of Risk Management Practices
In accordance with Department of Public Expenditure and Reform guidelines issued
in February 201629, the PRA will carry out a review of its risk management processes
to ensure adherence to recent developments in the area of Risk Management. It is
expected that this review will take place in Quarter 2, 2016.
29 Risk Management Guidance for Government Departments and Offices DPER February 2016 available at
http://govacc.per.gov.ie/files/2016/02/Risk-Management-Guidance-February-2016.pdf
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Appendix 1 Governance Principles30
Good governance supports a culture and ethos which ensures behaviour
with integrity, a strong commitment to ethical values, and respect for the
rule of law.
Good governance helps to define priorities and outcomes in terms of
sustainable economic and societal benefits and to determine the policies
and interventions necessary to optimise the achievement of these
priorities and outcomes. It means implementing good practices in
transparency, reporting, communications, audit and scrutiny to deliver
effective accountability.
Good Governance means developing the Department’s capacity,
including the capability of the leadership team, management and staff.
Good governance means managing risks and performance through
robust internal control systems and effective performance management
practice.
Good governance ensures openness, effective public consultation
processes and comprehensive engagement with domestic and
international stakeholders.
30 International Framework: Good Governance in the Public Sector (IFAC, CIFPA 2014)
1
2
3
4
5
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Appendix 2 Overview of Compliance Framework
Annual Governance Events Cycle
January
-PMDS Goal Setting
-Statements of Interests to DJE
-Evaluation of effectiveness of Management Board
31 March
-Appropriation Accounts sign off by Accounting Officer and submitted to Comptroller and Auditer General
April
-World Bank submission June
-Annual Report
-PMDS Mid-year reviews
-Compliance Statement to DJE
-L&D REview
Dec
-Annual Review of Governance Standard
-Compliance Statement to DJE
-PMDS annual Reviews
-Annual Business Planning process
-L&D Review
-Management Board Performance Evaluation
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Ongoing Governance Activity
Role/Function Forum To be Convened Direction and Control of the Property Registration Authority
Authority meetings At minimum 6 times per year
LR Rules
Rules committee Annual Meeting
Internal Audit
Internal Audit Committee Quarterly
Departmental Oversight
Organisational Accountability and
Performance meetings with DJE
Twice yearly
Executive Responsibility
Management Board Monthly, at minimum
Operational Oversight Casework Managers Forum
Mapping Managers
Legal Services Division Managers
As convened
As convened
As convened
ICT Oversight ICT Steering Committee Annually, or as required
Budgetary Oversight Budgetary Committee Quarterly
Learning & Development Oversight
L&D Oversight Committee Quarterly
Conciliation and Arbitration Scheme
Departmental Council Quarterly
Staff Engagement Working Together Forum Quarterly
International Affiliations ELRA
EULIS
WPLA
5 Registers Forum(England
&Wales,
Scotland, Ireland, Northern Ireland
and Isle of Man
As convened
Twice yearly
Customer Engagement Customer Focus Group Annually
Safety, Health and Welfare Local Committees Quarterly
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Appendix 3 Current Authorisations of the PRA pursuant to the provisions of the
Registration of Deeds and Title Act 2006-2014 Date of
Authorisation Description
4th Nov. 2006
Authorisations HR Matters (Item one) [under S22(5)c & S 22(7) of the 2006 Act] [part [S 22(7)] rescinded and replaced 21.1.2011 – part of this was
subsequently replaced and rescinded (on 2nd April 2012 (re HR Manager) and
remainder 18th October 2012 (Re DRs)] 4th Nov. 2006
Authorisations Contract Matters - (item three ) for CEO to enter contracts on
behalf of the Authority to the value of not more than €1M in value [also see Authorisation of 27th April 2012 – appointment of Interim CEO]
25th April 2007 Authorisations Human Resource Matters (appointment, performance and
discipline of staff)
[For the HR Manager and Deputy Registrars - individuals not named]
21st Jan 2011 Authorisation pursuant to Section 22(8) of the 2006 Act for staff while the post of
Chief Executive is vacant
22nd July 2011
Authorisation for the exercise and performance of the duties of the HR Manager until otherwise directed [For Enda McElvaney Divisional Manager,
HR]
2nd April 2012
Authorisation for HR Matter [S. 22(7)] for Aileen McHugh HR Manager _
rescinds and replaces part of Authorisation of 21st Jan 2011 re the HR Manager.
Also se Authorisation of 4th November 2006
27th
April 2012
Authorisation for Frank Treacy Deputy Registrar to perform the functions of the
CEO w.e.f. 30 April 2012 while the post of CEO is vacant
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65
18th Oct. 2012
Authorisation for HR Matters - [(S. 22(7) of the 2006 Act] for DRs. rescinds and
replaces the remainder of the Authorisation of 21st January 2012.
Also see Authorisation of 4th November 2006
18th Oct. 2012
Authorisation for Human Resource Matters (suspending authorities) which
rescinds and replaces the Authorisations for HR matters (suspending authorities)
of the 21st January 2011
18th Oct. 2012
Authorisation for Contract Mattes (value under €200,000) which rescinds and
replaces the Authorisation for Contract Matters of the 21st January 2011
12th June 2014
Authorisations for Property Registration Matters which rescinds and replaces
the Authorisation as to Registration Matters of 21st January 2011
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66
Appendix 4 Key Reference Documents
Relevant Legislation
Property Registration Registration of Title Act 1964 No. 16 of 1964 Registration of Deeds and Title Act 2006 No. 12 of 2006 Land and Conveyancing Law Reform Act 2009 No. 27 of 2009 Land and Conveyancing Law Reform Act 2013 No. 30 of 2013 Land Registry and Registry of Deeds (Hours of Business) Order 1964 No. 164 of 1964 Land Registry and Registry of Deeds (Hours of Business) (Amendment) Order 1967 No. 75 of 1967 Land Registry and Registry of Deeds (Hours of Business) (Amendment) Order 1973 No. 358/1973 Land Registration (Fees) Order 2012 S.I. 380 of 2012 Land Registration (Fees) (Amendment) Order 2013 S.I. 21of 2013 Registry of Deed Fees Order 2008 S.I. 51 of 2008 Rules Registry of Deeds Rules 2008 S.I. 52 of 2008 Registry of Deeds Rules 2009 S.I. 350 of 2009 Registry of Deeds Rules (No. 2) 2009 S.I. 457 of 2009 Registry of Deeds Rules 2013 S.I. 387 of 2013 Land Registration Rules 2012 S.I. 483 of 2012 Land Registration Rules 2013 SI 389 of 2013 Civil Service Civil Service Regulations Acts 1956 to 2006 No. 46 of 1956 Comptroller and Auditor General (Amendment) Act, 1993 No. 8 of 1993
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67
Ministers and Secretaries Acts 1924 to 2011 Payment of Wages Act, 1991 No. of 1991 Prompt Payments of Accounts Act 1997 No. 31 of 1997 Public Service Management Act, 1997 No. 27 of 1997 Public Service Management (Recruitment and Appointments) Act 2004 No. 33 of 2004 Public Service Management (Recruitment and Appointments)(Amendment) Act 2013 No. of 2013 Public Service Management (Sick Leave) Regulations 2014 SI 124 of 2014 Public Service Management (Sick Leave) (Amendment) Regulations 2015 SI 384 of 2014 Equality Employment Equality Act 1977 No. 16 of 1977 Employment Equality Act 1998 No. 21 of 1998 Equality Act 2004 No. 24 of 2004 Equal Status Acts 2000 to 2012 Disability Act 2005 No. 14 of 2005 Miscellaneous Comptroller and Auditor General (Amendment) Act, 1993 No. 8 of 1993 Data Protection Acts 1988 and 2003 Official Languages Act 2003 No. 32 of 2003 Official Secrets Act 1963 No. 1 of 1963 Ombudsman Acts 1980 to 2012 Organisation of Working time Act 1997 No. 20 of 1997 Regulation of Lobbying Act 2015 No. 5 of 2015 Prevention of Corruption (Amendment) Act 2001 No. 27 of 2001 Regulation of Lobbying Act 2015 (Designation of Public Officials) Regulations 2015 SI 367/2015
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Safety, Health and Welfare at Work Act 2005 No. 10 of 2005 Workplace Relations Act 2015 No. 16 of 2015
Miscellaneous Legislative Measures and Policy Documents
Ethics Standards in Public Office Acts 1995 and 2001 (the Ethics Acts).
Civil Service Codes of Conduct 2008 Standards in Public Office Commission available at http://www.sipo.gov.ie/en/Codes-of-Conduct/Civil-Servants/Civil-Service-Code-of-Standards.pdf (As drawn up and promulgated by the Minister for Finance on 9 September 2004 pursuant to Section 10(3) of the Standards in Public Office Act 2001 and published by the Standards in Public Office Commission (revised edition) in September 2008 pursuant to Section 10(11) of the Standards in Public Office Act 2001.)
Guidelines on Compliance with the Provisions of the Ethics in Public Office Acts 1995 and 2001 Public Servants (10th Edition) updated November 2015 available at http://www.sipo.gov.ie/en/Guidelines/Guidelines-for-Public-Servants/
Introduction to the Irish Civil Service (Government of Ireland 2008) available at http://hr.per.gov.ie/files/2011/05/14_Civil_Service_Induction_Manual_2008_En.pdf
Financial Procedures and Risk Management The Role and Responsibilities of Accounting Officers September 2011 published by Government Accounting Section, Department of Public Expenditure and Reform available at http://govacc.per.gov.ie/files/2014/06/Accounting-Officers-Memo.pdf
Statement of Internal Financial Control available at http://govacc.per.gov.ie/files/2014/06/Statement-on-Internal-Financial-Control-for-website.pdf Public Financial Procedures Booklet available at http://govacc.per.gov.ie/public-financial-procedures-booklet-by-section/ Department of Finance Circular 01/2011 3 March 2011 Revised Instructions for Preparing Material for Inclusion in Minutes of the Minister for Finance on Reports of the Committee of Public Accounts (PAC) available at http://circulars.gov.ie/pdf/circular/finance/2011/01.pdf
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Internal Audit Standards revised 2012 available at http://govacc.per.gov.ie/files/2012/11/Revised-Internal-Audit-Standards-2012-Final-Version-FOR-WEB.pdf
Risk Management Guidance for Government Departments and Offices published by Department of Public Expenditure and Reform February 2016 available at http://govacc.per.gov.ie/files/2016/02/Risk-Management-Guidance-February-2016.pdf
FOI Freedom of Information Acts 1997- 2014 No. 30 of 2014
Freedom of Information Act 2014 (Fees) (No. 2) Regulations 2014 S.I. 531 of 2014 FOI Model Publication Scheme published by FOI Central Policy Unit DPER October 2015 Available at: http://www.per.gov.ie/en/freedom-of-information-act-2014/
FOI Model Publication Scheme Guidance published Central Policy Unit DPER October 2015 available at: http://www.per.gov.ie/en/freedom-of-information-act-2014/
PRA FOI Publication Scheme available at http://www.prai.ie/
Governance Corporate Governance Standard for the Civil Service November 2015 available at: http://www.per.gov.ie/en/corporate-governance-standard/ Governance Standard to provide Oversight of Justice and Equality Bodies Strengthening Civil Service Accountability and Performance: Consultation Paper on Programme for Governments commitments, Government Reform Unit, DPER, 9th January 2014 available at http://www.per.gov.ie/en/civil-service-accountability-consultation-process/ Report of the Panel on Strengthening Civil Service Accountability and Performance 30th May 2014 available at http://www.per.gov.ie/en/civil-service-accountability-consultation-process/ Protected Disclosures Protected Disclosures Act 2014 No. 14 of 2014
Protected Disclosures Act 2014 (Disclosure to Prescribed Persons) Order 2015 SI 448 of 2015 Draft guidance for public bodies on the performance of their functions under section 21(1) of the act
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Draft of Sample protected Disclosures Procedures PRA Protected Disclosures Policy December 2014 PMDS Performance Management and Development System 2013 Phase 2 Changes Overview of Revised System November 2012 DPER available at http://hr.per.gov.ie/pmds-2013/ PMDS 2013: Phase 2 Changes Overview of Revised System: Goal Auditing for HR Units: Guide for HR available at http://hr.per.gov.ie/pmds-2013/ Guidelines for Managing Underperformance in the Civil Service Department of Public Expenditure and Reform May 2011 available at http://hr.per.gov.ie/files/2011/04/Guidelines-Managing-Underperformance-in-Civil-Service1.pdf Public Sector Reform DPER (2015) Annual Progress Report on the Public Service Reform Plan 2014-2016 available at: http://reformplan.per.gov.ie/ The Civil Service Renewal Plan: A Vision and Three Year Action Plan for the Civil Service October 2014 available at: http://www.per.gov.ie/civil-service-renewal/ Report of the Independent Group on the Department of Justice and Equality July 11th /, 2014 (Toland Report) available at: http://www.justice.ie/en/JELR/Independent%20Review%20Accessible.pdf/Files/Independent%20Review%20Accessible.pdf Public Service Agreement 2010-2014 (Croke Park Agreement) available at http://per.gov.ie/wp-content/uploads/Public-Service-Agreement-2010-2014-Final-for-print-June-2010.pdf Public Service Stability Agreement 2013-2016: The Haddington Road Agreement, May 2013 available at http://per.gov.ie/wp-content/uploads/Haddington-Road-Agreement.pdf Public Service Stability Agreement 2013-2018: the Lansdowne road agreement Public Service Reform Plan November 2011) Integrated Reform Delivery Plans available at http://reformplan.per.gov.ie/files/2012/01/Public-Service-Reform-28112011.pdf Government Statement: Progress on the implementation of the Government's Public Service Reform Plan, September 2012 available at http://per.gov.ie/wp-content/uploads/Statement-on-Public-Service-Reform-Plan-6th-Sept-2012.pdf Comprehensive Review of Expenditure Justice Vote Group (June 2011) available at:http://www.budget.gov.ie/Budgets/2012/Documents/CER%20-20Estimates%20Final.pdf
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Supporting Public Service Reform: eGovernment 2012-2015 (April, 2012) available at http://egovstrategy.gov.ie/
ICT Public Service ICT Strategy January 2015 Available at http://ictstrategy.per.gov.ie/ Statement of Common Purpose: Programme for Government (February 2011) available at http://per.gov.ie/wp-content/uploads/ProgrammeforGovernmentFinal.pdf Circular 02/16: Arrangements for Digital and ICT-related Expenditure in the Civil and Public Service issued by the Dept. of Public Expenditure and Reform
Conciliation and Arbitration Scheme Date: 01/06/50 01/06/1950 G: - Scheme of Conciliation and Arbitration for the Civil Service SCHEME OF CONCILIATION AND ARBITRATION FOR THE CIVIL SERVICE available at http://circulars.gov.ie/pdf/letter/finance/1950/1.pdf Reference No: E157/9/9; Date: 08/08/83 Circular 17/1983:- Conciliation and Arbitration for Certain Highers Grades available at: http://circulars.gov.ie/pdf/circular/finance/1983/17.pdf Reference No: E138/1/83; Date: 13/04/84 Circular 10/1984:- Conciliation and arbitration scheme for certain higher grades available at: http://circulars.gov.ie/pdf/circular/finance/1984/10.pdf Strategic Plans Guidelines for Ministers on the Preparation of Strategy Statements, DPER 2011
Workforce Planning Guidelines: A Workplace Planning Framework for the Civil Service and Non-Commercial State Bodies March 2012 available at http://hr.per.gov.ie/files/2012/03/A-Workforce-Planning-Framework-for-the-Civil-Service-and-Non-Commercial-State-Bodies1.doc
A Workforce Planning Framework for the Civil Service and Non-Commercial State Bodies: Guidelines 2015-2017, Workforce Planning Unit, Civil Service Directorate, Department of Public Expenditure and Reform. Internal Documents Irish Language Scheme PRA Staff Mobility Policy (revised 2016) Learning and Development Strategy Protected Disclosures Policy (December 2014)
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Report by sub-committee of the Authority on the Functions of the PRA (2013) Report on the Staff Climate Survey (2012) Safety Statement Workforce Action Plan 1st Iteration, August 2012 (internal document) Workforce Action Plan 2nd Iteration, November 2013 (internal document) Workforce Action Plan 3rd Iteration, April 2015 (internal document)
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Appendix 5 PRA Annual Assessment of Management Board Effectiveness31
A. Creating an Effective Management Board
More satisfied - Less satisfied
1 2 3 4 5
What could the Management Board do better or differently?
1. Are you satisfied that the Management Board has
clearly documented its role and responsibilities in
the PRA Corporate Governance Standard?
2. Are you satisfied that Management Board
members both individually and collectively
understand what is expected of them?
3. Are you satisfied with the succession plans in
place?
4. Are you satisfied that Management Board
members, as a whole, have sufficient skills
experience, time and resources to undertake their
duties?
5. Are you satisfied with the level of secretarial
support at the Management Board’s disposal?
31 Adapted from Audit Committee Institute available at http://www.kpmg.ie/aci/documents/101878_Board_Effectiveness_Quest_Flyer_Feb12%20(2).pdf
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74
B. Running an Effective Board More satisfied - Less satisfied
1 2 3 4 5
What could the Management Board do better or differently?
1. Are you satisfied that the Management Board
has in place a set of objectives that seek to
enhance its effectiveness?
2. Are you satisfied with the Chair’s leadership
style (e.g. are they decisive, open-minded and
courteous; do they set a good example, allow
members to contribute and hold members to
high standards; do they relate well to other
members/attendees, deal effectively with dissent
and work constructively towards consensus)?
3. Are you satisfied that the Management Board’s
workload is dealt with effectively?
4. Are you satisfied that Management Board
members work together constructively as a
team?
5. Are you satisfied that Management Board
meetings are conducted in a manner which
encourages open discussion, healthy debate
Appendices
75
and allows each board member to clearly add
value to discussion and decisions?
6. Are Management Board meetings conducted in
an atmosphere of creative tension?
7. Are you satisfied that the Management Board’s
schedule of matters/ table of action items is up
to date and regularly reviewed?
8. Are you satisfied that the Management Board’s
meeting arrangements (e.g. frequency, timing,
duration, venue and format) enhance its
effectiveness?
9. Are you satisfied that the Management Board’s
meeting agenda has sufficient input from all
Board members?
10. Are you satisfied that Management Board
meetings allow sufficient time for discussion of
substantive matters?
11. Are you satisfied that Management Board
meeting agendas and related background
information are circulated in a timely manner to
enable full and proper consideration to be given
Appendices
76
to the important issues?
12. Are you satisfied that the Management Board’s
meeting minutes are clear, accurate, consistent,
complete and timely?
13. Are you satisfied that outstanding actions arising
from the Management Board meetings are
properly followed up?
C. Professional Development More satisfied - Less satisfied
1 2 3 4 5
What could the Management Board do better or differently?
1. Are you satisfied with timelines and
appropriateness of ongoing professional
development received by the Management
Board?
2. Are you satisfied with the Executive coaching
programme delivery?
3. Are you satisfied that all Management Board
members are afforded equal opportunity to
attend formal courses and conferences?
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D. Strategic foresight More satisfied - Less satisfied
1 2 3 4 5
What could the Management Board do better or differently?
1. Are you satisfied that the Management board
devotes significant time to determining the
emerging issues that could affect the organisation
in the future?
2. Are you satisfied that the Management Board has
a good understanding of the organisation’s key
drivers of performance?
3. Are you satisfied that the majority of the
Management Board’s time is spent on issues
relating to the strategic direction and not day-to-
day management responsibilities?
4. Are you satisfied that the PRA’s organisational
purpose (mission) and vision has been defined
and clearly communicated to all levels within the
organisation?
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E. Stewardship More satisfied - Less satisfied
1 2 3 4 5
What could the Management Board do better or differently?
1. Are you satisfied that the Management Board
understands and fulfils its stewardship role?
2. Are you satisfied that the Organisation’s risk
management processes provide a full
understanding of the high risk issues that could
impact the organisation?
3. Are you satisfied that the Management Board
appreciates the details of the control assurance
framework including reporting scope and
timelines?
Appendices
79
F. Performance Evaluation More satisfied - Less satisfied
1 2 3 4 5
What could the Management Board do better or differently?
1. Are you satisfied that our existing range of financial and
non-financial performance measures are broad enough
to monitor organisational performance?
2. Are you satisfied that our existing performance measures
are linked to the organisation’s strategy?
3. Are you satisfied that the organisation’s performance is
adequately benchmarked against its peers?
4. Are you satisfied that the Management Board has in
place an appropriate process for regular board,
committee and individual board member evaluation?
5. Are you satisfied that all actions arising from
performance evaluation are followed up?
6. Are you satisfied that the Management Board
performance assessment process enhances
Management Board effectiveness?
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80
G. Managing Management More satisfied - Less satisfied
1 2 3 4 5
What could the Management Board do better or differently?
1. Are you satisfied that the Management Board
is appropriately engaged in succession
planning?
2. Are you satisfied that there is appropriate
assignment of functions in place and that they
are regularly reviewed?
3. Are you satisfied that bad news is
communicated to the Management Board as it
arises?
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81
H. Value Creation More satisfied - Less satisfied
1 2 3 4 5
What could the Management Board do better or differently?
1. Are you satisfied that the Management Board has
clearly identified the organisation’s major
stakeholders and the ‘value’ each requires?
2. Are you satisfied that there are systems in place to
allow the Management Board to measure whether
the organisation is creating or destroying major
stakeholder ‘value’?
3. Are financial and non-financial value drivers in
place to focus on the enhancement of value?
4. Is our existing decision making process (including
the present structure of management proposals )
adequate to properly assess whether proposals
create major stakeholder value?
5. Is the PRA creating major stakeholder value?
6. Does the Management Board have adequate
mechanisms for communicating with major
stakeholders?
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82
I. Corporate culture More satisfied - Less satisfied
1 2 3 4 5
What could the Management Board do better or differently?
1. Are you satisfied that the Management Board’s
comprehension of the organisation’s purpose,
vision and strategic plan is reflected in actions
taken?
2. Are you satisfied that the Management Board
plays an appropriate pro-active role in
communicating change?
3. Are you satisfied that the Management Board
members are accessible to staff?