Agenda Item 5___ AUDIT COMMITTEE Minutes of a meeting of the Audit Committee held on 7 June 2011 in the Council Chamber, Council Offices, Holt Road, Cromer at 2.00 pm. Members Present: Committee: Members in Attendance: Officers in Attendance: 1 Mr N D Dixon (Chairman) Mr B Jarvis Mrs A Moore Mr J Punchard Mr D Young Mr K Johnson, Mr P W Moore The Deputy Chief Executive, the Strategic Director – Information (for item), the Financial Services Manager, the Deputy Audit Manager, the ICT Manager (for item 16), the Environmental Health Manager (for item 17) and the Democratic Services Team Leader. CHAIRMAN’S ANNOUNCEMENT The Chairman welcomed Members to the first meeting of the new Audit Committee. Introductions were made, followed by a guide to the work of the Audit Committee, presented by the Chairman. This is attached at Minutes Appendix A. Councillor Ann Moore was thanked for her Chairmanship of the Committee from 2007 – 2011. It was hoped to maintain the energy and enthusiasm she had brought to it. 2 APOLOGIES Apologies were received from Mr R Oliver. 3 PUBLIC QUESTIONS None received. 4 ITEMS OF URGENT BUSINESS None 5 DECLARATIONS OF INTEREST None Audit Committee 1 7 June 2011 6 MINUTES The Minutes of the meeting of the Audit Committee held on 8 March 2011 were approved as a correct record after the following drafting amendment. Mr P W Moore had been in attendance. 7 AUDIT UPDATE AND ACTION LIST Members were updated on progress on actions arising from the minutes of the meeting of 8 March 2011. Item 3 (“To provide more detailed results of NNDC’s use of natural resources”) was discussed. The Deputy Chief Executive explained that the regime requiring this information had been abolished. She would ask PriceWaterhouseCoopers for any work they had done on this and would report back to the next meeting. 8 REVIEW OF THE EFFECTIVENESS OF INTERNAL AUDIT The Accounts and Audit Regulations 2011 required that a Council the size of North Norfolk must perform a review of the effectiveness of the internal audit function, and that this review be undertaken by the same body that reviewed the effectiveness of the system of internal control (namely the Audit Committee). Through undertaking a review of internal audit’s effectiveness, members could be satisfied that the critical assurances provided were reliable and based upon a firm foundation, and that the service itself was operating effectively. The review (attached at Appendix A to the report) evaluated the service provided to North Norfolk District Council against a range of 7 measures which had been established by the Head of Internal Audit to benchmark the effectiveness of the service. As a result of the review it had been deemed that the internal audit service was effective, The report was discussed: a) The assurances tended to be about the processes used rather than the outcomes. The Chairman requested that, in future, the evidence which underpinned the assurances could be included. The Deputy Audit Manager explained that this information came to the Committee via other reports. b) It was requested that, in future, more information should be provided on supporting the development of the System of Internal Control. c) Work could be done outside the meeting between the Deputy Audit Manager and the Chair of Audit to ensure that specific elements were included in the review. d) External Audit’s Reliance on Internal Audit’s Work: there were mechanisms for evaluating this. A revised Audit Working Protocol had been approved by the Audit Committee in March 2011. The Annual Audit Letter for 2010/11 reinforced the intention of External Audit to place reliance on the work performed by Internal Audit. During the year meetings had been held with the Engagement Leader and Engagement Manager to evaluate how to work most effectively together to reduce the cost of audit to the Council. Regular meetings were held between key audit staff to discuss progress, key findings and issues arising. The Chairman commented that, as in the effectiveness of internal audit, this demonstrated the processes, rather than the reliance. RESOLVED To note the findings of the review and take this into consideration when receiving Internal Audit’s Annual Report and Opinion, and the Council’s Annual Governance Statement. Audit Committee 2 7 June 2011 9 INTERNAL AUDIT’S ANNUAL REPORT AND OPINION 2010 - 2011 The report followed on from the previous item. On the basis of audit work undertaken in 2010/11 it was the overall opinion of the Deputy Audit Manager that the Council’s overall control environment was adequate in accordance with the definitions/categories in Appendix E to the report. The majority of the work had been previously reported to the Audit Committee. The Committee had received periodic reports on the progress in delivering the Annual Audit Plan, including summaries of completed audit assignments. The Internal Audit Annual Report and Opinion 2010 - 2011 included an overview of the work delivered within the 2010/2011 Annual Audit Plan, management summaries of the completed audit assignments not previously presented to the Committee and the audit opinions that had been given since 2008/09 under the present audit arrangements. In response to a Member’s question the Deputy Audit Manager reported that all high priority recommendations had now been resolved. RESOLVED To receive and note Internal Audit’s Annual Report and Opinion for 2010/11, particularly the overall opinion on the Council’s control environment. 10 THE STATUS OF AGREED ACTIONS DUE FOR IMPLEMENTATION BY 31 MARCH 2011 The performance in implementing agreed recommendations remained largely as before with just over 50% being implemented by the due date. The Environmental Health audit had 3 medium and 3 low priority recommendations outstanding across several different elements of the service (licensing, contaminated land, pest control and stray dogs). In respect of the 3 medium priority recommendations, 2 required the letting of formal contracts, the tendering for which was in progress; the 3rd recommendation related to the updating of the contaminated land system, which management report was now “60%” complete. There were no high priority recommendations outstanding. RESOLVED To note the progress made in implementing recommendations, and those areas where further work was required. 11 ANNUAL REPORT OF THE AUDIT COMMITTEE 2010 - 2011 An introduction had been written by the previous Chairman. This would be incorporated into the final document which would go to Full Council on 28 June 2011. Members discussed if it was necessary to produce an Annual Report from the Audit Committee. There was no statutory requirement to do so, but it was considered to be best practice and raised the profile of the Committee at Full Council. Members were asked to consider if they wished to produce a report for 2011 – 2012 and to take economies into account. The report was discussed: Audit Committee 3 7 June 2011 ANNUAL REPORT OF THE AUDIT COMMITTEE 2010 – 2011 (Continued) a) The Internal Audit Consortium would not be making a joint response to the consultation of the Future of Local Public Audit. This was because the Councils within the Consortium had differing arrangements and would be making individual responses. b) The Committee would make input into NNDC’s response via the Chairman. A date would be arranged for Members to meet together and discuss their response. c) A concern was expressed that Audit Committees could, in the future, have a proportion of non-elected representation. RESOLVED to approve the Annual Report and Introduction ahead of its presentation to Full Council. 12 PARTNERSHIP WORK AND RISK An oral report was given by the Deputy Chief Executive. Partnership Work was the one area where there were still outstanding recommendations. A Partnership List and Risk Rating document had been presented to the Audit Committee on 7 December 2010. This showed the partnerships which had been evaluated from a governance point of view. The Deputy Chief Executive was preparing a report for a complete review of all partnerships and outside bodies, as requested by Cabinet. The report would also come to the Audit Committee. The Partnership List was discussed: a) The partnership with NORSE had been contractual and had now ceased. b) The North Norfolk Community Partnership was the local strategic partnership and faced change because of the Localism Bill. It received funding from NNDC of £70,000 per annum which was a significant sum. c) Concessionary travel was now the responsibility of Norfolk County Council. d) The list needed a complete review and update with more comprehensive information. Some of the partnerships involved significant sums of money and their effectiveness needed to be considered. e) The Audit Committee supported the review. RESOLVED To note the current position regarding the partnership review. 13 MONITORING OFFICER ANNUAL REPORT 2010 - 2011 At NNDC there were 3 statutory roles – the Head of Paid Service, the Section 151 Officer and the Monitoring Officer. The report of the Monitoring Officer was produced every year and contributed toward the Annual Governance Statement. The role of the Monitoring Officer was to ensure that the Council was doing what was right and legal. The principal duties of the Monitoring Officer were set out in the report. a) The Code of Conduct would change significantly over the next 12 months. There had been a significant reduction in the number of complaints the Council had dealt with in 2010/2011. Only 2 breaches had been found as opposed to 10 the previous year. Audit Committee 4 7 June 2011 MONITORING OFFICER ANNUAL REPORT 2010 – 2011 (Continued) Standards for England would shortly be abolished by the Government. The Register of Members’ Interests would become the key document for the future. It was believed that the Monitoring Officer would still be the first point of reference when considering if a complaint should be referred to the police. b) Any future Standards regime needed to be effective so that it gave confidence to those who had cause for complaint. Any complaints system needed to be sufficiently flexible to resolve complaints at the lowest possible level. c) Three audits had been undertaken of relevance to the work of the Monitoring Officer. They were an Ethical Governance audit, a Conveyancing, Data Protection, Freedom of Information and Gifts and Hospitality audit and a Corporate Governance and Risk Management audit. The audit opinion for each of these reviews was that the Council’s arrangements provided adequate assurance. d) The report was commended for its thoroughness. RESOLVED To note the report. 14 LOCAL CODE OF CORPORATE GOVERNANCE AND ANNUAL GOVERNANCE STATEMENT 2010/11 The Annual Governance Statement was probably the most important statement received annually by the Audit Committee. It was included in the Financial Statements. The Local Code of Corporate Governance had been included to enable Members to consider the Annual Governance Statement. The Annual Governance Statement was a statutory document and had to be audited. It derived from 6 principles identified in The Good Governance Standard for Public Services (2004): a) Focussing on the purpose of the authority and on outcomes for the community and creating and implementing a vision for the local area. b) Members and officers working together to achieve a common purpose with clearly defined functions and roles. c) Promoting values for the authority and demonstrating the values of good governance through upholding high standards of conduct and behaviour. d) Taking informed and transparent decisions which are subject to effective scrutiny and managing risk. e) Developing the capacity and capability of members and officers to be effective. f) Engaging with local people and other stakeholders to ensure robust public accountability. The Audit Committee provided independent assurance to the Council in relation to the effectiveness of the risk management framework and internal control environment. The Committee received regular reports on risk management, internal control and governance matters in accordance with its agreed work programme. Of the 18 internal audit assignments completed during 2010/11 the level of assurance achieved was adequate overall. Only one assignment (Network Infrastructure) received a limited assurance, although this did not include any high recommendations and of the 18 recommendations made seven have already been implemented. The Audit Committee asked for further work to be done on this. Two audits received a good assurance level Audit Committee 5 7 June 2011 LOCAL CODE OF CORPORATE GOVERNANCE AND ANNUAL GOVERNANCE STATEMENT 2010/11 (Continued) and no area reviewed had deteriorated in their direction of travel since the previous review. There were 2 action points arising from 2010/11 with a target date of September 2011 for completion: a) Service level risk assessments should be completed by all service managers with all service level risk registers added to the TEN system. b) Review of the governance arrangements for significant partnerships and the policies and procedures for evaluating the effectiveness of partnerships. No other key risks had been identified. The report was discussed: a) If a Civil Contingencies Manager was not appointed soon there could be a potential risk to the authority. The Audit Committee noted that this was an action point which needed to be monitored. The Deputy Chief Executive would add a comment and action point on the review to indicate that the Audit Committee had concerns about the risk regarding Business Continuity and Civil Contingencies. b) Section 4.4.10: the following bullet point should be removed: “A Licensing Committee, which monitors and reviews the effectiveness of the Council’s licensing policy and procedures.” c) A diagram of how the organisation worked should be included as an appendix. d) In section 5.2.10 “The Audit Committee met throughout the year” should be changed to “The Audit Committee met 4 times.” e) It was important to include quantitative and qualitative information to strengthen the evidence. The direction of travel over a period of time also indicated effectiveness. f) The Deputy Chief Executive would consider the Committee’s suggestions for next year’s report. RESOLVED to 1. 2. 3. Recommend to Full Council that the Annual Governance Statement 2010/11 be approved, subject to amendments. Note that there would be a more detailed review of the Code before the Corporate Plan is revised in September. Hold an informal meeting of the Audit Committee, possibly in August, to discuss review of the Code and work on the Corporate Risk Register. (See item 15 below) 15 CORPORATE RISK REGISTER Members were presented with the top ten risks which had been identified by the Performance and Risk Management Board. The Register had last been reviewed on 13 March. The Performance and Risk Management Board was scheduled to meet again soon and the Risk Register would be reviewed as part of the work on the new corporate plan. There were no significant changes since the Risk Register last came to the Committee in December 2010. Audit Committee 6 7 June 2011 CORPORATE RISK REGISTER (Continued) The informal meeting of the Audit Committee (see item 14 above) should include discussion of the Corporate Risk Register and its current format. RESOLVED To note the Corporate Risk Register. 16 REPORT ON NETWORK RECOMMENDATIONS The report was in response to a request from the Audit Committee. The Network Infrastructure, Security and Telecommunications Audit had been comprehensive. Although there were no high level recommendations the audit had been given a limited assurance and the Audit Committee had expressed concern that there might be an underlying problem. The ICT Manager told the Committee that there were no underlying issues and that the ICT Strategy Group had reviewed the evidence and was satisfied. There were no high risk recommendations and the action plan addressed the recommendations made. The Audit Committee asked for review on progress on the Medium and Low risk recommendations for the next meeting. 17 BUSINESS CONTINUITY a) In the last 12 months there had been little progress regarding Business Continuity and there had been a vacant post (Civil Contingencies Manager) since February 2010. Recruitment had been postponed because of a departmental restructure and there had been further postponement because of a possibility of partnership working with Norfolk County Council. It had been decided that it would be more beneficial to keep resources within the District and recruitment was now in process. b) The Business Continuity Working Group, which had Member representation, had remained suspended. The new Civil Contingencies Manager would have to reinstate it as a priority. c) There had been an arrangement with the Fire Service to provide space in the Cromer and North Walsham fire stations should this be necessary. Since autumn 2010 there had been a reciprocal agreement with Victory Housing Trust for space and IT facilities. For this reason the arrangement with the Fire Service was being terminated, saving £1600 per annum in rental costs. d) There had been a control centre in the Committee Room which was no longer necessary. This contract had been cancelled at a saving of £1000 per annum. e) No events disruptive to business had occurred recently at NNDC. f) A fire alarm test had been successfully carried out at the Cromer office on 11 May 2011. g) The Multi-Agency Flood Plan had been revised but was subject to review by the Norfolk Resilience Forum. h) There had been a successful test of plans associated with major flooding. This had provided flood wardens and residents with assurance that plans were adequate. i) An event on 19 July 2011 would encourage town and parish councils to consider their own resilience in the event of a long term disruption. Audit Committee 7 7 June 2011 18 AUDIT COMMITTEE WORK PROGRAMME The Audit Committee Work Programme was noted and would be updated to reflect the Committee’s discussions. The meeting ended at 4.45 pm. ______________________ Chairman Audit Committee 8 7 June 2011