Audit Committee 6 December 2011 Agenda Item No_____12________ The Future Provision of External Audit Summary: Following the announcement by the Secretary of State for Communities and Local Government in August 2010 to put in place new arrangements for auditing local public bodies in England, and the subsequent consultation exercise, this paper brings Members up to date with developments. Conclusions: The publication of a draft bill on the future shape of external audit of local authorities is imminent Recommendations: That the Committee notes the contents of this report and continues to monitor future developments. Cabinet member(s): Ward(s) affected: All All David Ablett 01263-516055 David.ablett@north-norfolk.gov.uk Contact Officer, telephone number, and e-mail: 1. Introduction 1.1. As members will be aware the demise of the Audit Commission was announced in August 2010. Since that date there have been several exchanges between the Commission and the Department for Communities and Local Government (DCLG). 1.2. The Coalition Government is firmly of the view that the abolition of the Audit Commission will reduce the expenditure of local authorities and other public bodies on the provision of external audit services by allowing each local council to procure its audit contractor. 1 Audit Committee 6 December 2011 1.3. DCLG Ministers also justified the decision to abolish the Audit Commission on the grounds that an Audit Commission which was regulator, commissioner and provider of local government audit services was highly "centralist" and thereby incompatible with the Government's move to localism. 2. Current position 2.1. The DCLG had considered the option of transferring the in-house audit work of the Audit Commission to the private sector. However, Ministers are now of the opinion that the better result would be achieved by outsourcing the work through a procurement exercise. 2.2. The new arrangements are based upon the following four design principles: • • • • • Localism and decentralisation – freeing authorities to appoint their own external auditors from a competitive marketplace. Transparency – ensuring results of audit work are more accessible with Local people participating in the process. Lower fees Higher standards of work 2.3. To this end the DCLG has asked the Audit Commission to provide a timetable for procurement and seek bids for this work. New contracts will be awarded for three or five years starting in time for the audit of the 2012-13 accounts. 2.4. Awards of contracts will be in ten “lots”, grouped into four English regions and valued at approximately £90m in total. The contracts will cover all the audited bodies in a geographical area with those for the “Central Region” made up of West Midlands (£8.9m), East Midlands (£7.8m) and Eastern (£7.8m). Only one lot will be awarded to any one supplier in any one region. 2.5. North Norfolk District Council will fall into the “Eastern” lot of the Central Region. However as the service is currently provided by PricewaterhouseCoopers it will almost certainly remain the Council’s External Auditor until “auditor choice” comes in (i.e. after the three or five years referred to in paragraph 2.3 above). 2.6. The timetable for procurement is as follows: Key Date Milestone 05/09/2011 Issue of Contract Notices in the Official Journal of the European Union 07/10/2011 Deadline for the return of the Pre Qualification Questionnaires Week commencing: Issue of Invitations to Tender and anonymised TUPE information to selected suppliers 24/10/2011 16/12/2011 Deadline for the submission of tenders Week commencing: Approval of contract awards 2 Audit Committee Key Date 6 December 2011 Milestone 20/02/2012 23/04/2012 to 13/07/2012 Consultation with audited bodies on appointments Week commencing: Approval of auditor appointments 23/07/2012 01/09/2012 Appointments for 2012/13 to start 2.7. The procurement is designed to allow “a range of firms to bid to support a market plurality during the period of transition to new audit arrangements”. This confirms the intention of the Commission to try and encourage more firms to enter the market, especially those who currently do not work in the public sector. 2.8. In addition the outline timetable for audit coverage has been published by the Audit Commission as follows: Period Auditor Appointment From 01/04/2011 Current auditor • No change for audit of 2011/12 accounts 01/04/2011 to 31/08/2012 Current auditor • Interim appointment for 2012/13; no change – subject to consultation by the end of 2011 • Roll will be a watching brief only and costs will be paid by the Commission • Change of auditor – subject to consultation following award of contracts in spring 2012 • Auditor will audit the 2012/13 accounts (opinion and financial statements and the VFM conclusion) • Full years scale fee payable by the audited body • Auditor responsible for the audit of future year’s From 01/09/2012 New auditor 3 Comments Audit Committee 6 December 2011 Period Auditor Appointment Comments accounts 2.9. It is proposed that auditors appointed under the new arrangements will be on a three or five year term. 3. Further considerations 3.1. The recent House of Commons Select Committee report on “Audit and inspection of local authorities” looked in detail at the proposals for reform of the Audit Commission. 3.2. Looking beyond the broad conclusions of the report it did also serve to highlight the detailed proposals for the appointment of external auditors. In particular it highlighted the role of the Audit Committee and the changes that are envisaged to ensure the independence of the audit function and the appointment of the auditors. 3.3. The principles endorsed by Lord Sharman in his report (Holding to Account, The Review of Audit and Accountability for Central Government, Report by Lord Sharman of Redlynch, HM Treasury, 13 February 2001) include: • Auditors are independent of the audited body; • The scope of auditors' work covers not only the audit of financial statements, but also 'regularity' (legality), propriety (probity) and use of resources (value for money), and • Auditors may report widely to the public, councillors and other key stakeholders. 3.4. Some parties feel that the proposal to allow local authorities to appoint their own auditors is flawed and against the principles outlined by Lord Scarman. 3.5. However, the Government is also proposing that the appointment is overseen by an Audit Committee which is independent of the local authority. This independence comes through an independent person as Chair of the Committee and a substantial representation of independent members to serve alongside Elected Members. 3.6. The legal framework for and practicalities of local audit committees are of crucial importance to the success of the proposals. The results of recent consultation on the eligibility criteria for independent members of audit committees and whether they should be in the majority will be included in the proposed Public Audit Bill. 4. Risks 4.1. There are a number of risks associated with these proposals for the Council potentially these include: • A competitive market does not emerge for this service • The award of contracts on a “lots” basis reduces the Council’s influence over external audit fees 4 Audit Committee 6 December 2011 • The new arrangements could reduce external audit knowledge of the Council • There could be potential conflicts of interest with the internal audit contractor 5. Conclusion 5.1. The consultation by the Department for Communities and Local Government on “The Future of Local Public Audit” ended on 30th June 2011. The first draft of a Bill on the shape of future of the audit of local public bodies is anticipated to be published soon. The bill will outline how the current arrangements will be replaced. 5.2. A report by FTI Consulting Limited for the DCLG has just been published. The report covers high level advice relating to the transfer to the private sector of the in-house audit commission practice. 6. Recommendation 6.1. That the Committee notes the contents of this report and continues to monitor future developments. 5