HMIE Audit and Risk Committee Wednesday 10 February 2010 at 10:40am Boardroom, Denholm House, Livingston HMIE Sir Andrew Cubie (Chair) David Morrison (DM) Gill Robinson (GNR) Stuart Robinson (SAR) Gillian Howells (GH) Laura Burman (LB) Apologies: Pearl Marshall Shirley Young Geoff Lees Phil Denning Graham Donaldson Minutes: Linsey Wilson Audit Ruth Brown (RB) Scotland Internal Audit Douglas Falconer (DF) Welcome and apologies Noted: AC noted apologies from Pearl Marshall, Shirley Young, Geoff Lees and Phil Denning. AC looked forward to working with Bill Maxwell, the new HM Senior Chief Inspector, and noted that GHCD’s contribution to HMIE had been significant. AC commented on the fact that the Committee was meeting after the Management Board meeting, this had been due to particular circumstances, it would be important to ensure that the correct cycle resumes. 1. Minutes of the meeting held on 16 September 2009 The minutes of the previous meeting were accepted. 2. Matters arising HMIE Performs – Quarterly report Noted: SAR updated the Committee on discussions within HMIE on responding to complaints deemed not to be within HMIE’s remit. Looking at this issue had raised a larger question about the current complaints procedure and whether a more significant review was required. HMIE had originally agreed on a broad definition of complaints to ensure that all information was captured, but a comparison to other organisations’ procedures (e.g. Ofsted) suggested that a more focused approach might help to simplify arrangements. Other considerations included taking another look at the degree of externality built-in to the procedure and whether this could be increased. SAR noted that one suggestion could be to give the non-executives a role in relation to oversight of a revised complaints procedure. AC confirmed that it would be important to model something quickly regarding such procedures, and that the external members of the Audit and Risk Committee should have an enhanced role. AC asked SAR to give an update on delays of adding additional non-executives to the Board and the Committee, reminding members that previous guidance indicated that the Audit and Risk Committee should be made up of solely non-executive members. SAR advised that there was still a need to await the outcome of the review of the agency model, which had been commissioned by Sir John Elvidge. The Shaping Up Review has already been published, and the agency review outcome was expected soon. SAR also referred to the 1 need to review HMIE’s Framework Document as the current version dated back to 2007, GHCD had suggested that HMIE be used as a pilot by SG to help develop a model for future use. HMIE would move progress with these changes once the agency model review has been published. SAR further noted that Audit Scotland was carrying out a study of the role of non-executives; this was due to be published in the spring. It was agreed that AC and DM would be used as reference points as drafts emerged of the new complaints procedure in advance of the next meeting in May. Action 1: AC and DM should be included in development of options for a new complaints procedure to allow them to comment on the draft in advance of the May meeting. Agreed 2: AC noted that when the advertisements were crafted for recruiting the additional non-executives, it would be useful to send these before publication to both AC and DM to allow them to comment. Noted: SAR updated the Committee on HMIE Performs. Discussions were taking place with all directorates to elicit views on the report and how to embed its production into existing management reporting arrangements. Action 3: A revised version of the HMIE Performs report should be sent to Committee members to provide them with an opportunity to comment further if required. 3. Annual Audit Plan 2009/10 Noted: RB updated the Committee on the Annual Audit Plan 2009/10. DM noted that the main areas of risk were clearly identified in the plan and focused in particular on the risk presented by the reduced funding available for 2010-11. SAR advised that detailed planning had already identified where savings could be made. DM asked if there was an overview to how these savings would be achieved and if so whether it could be shared with the non executives. Action 1: SAR to copy SMG paper on achieving savings to live within budget to the non executives. Noted: DM questioned if there was a risk to quality and the level of assurance afforded by the inspection model if our approach were to be scaled back to help achieve savings. SAR noted that an awayday was planned for 24 March, which would explore current approaches to inspection and identify views of stakeholders. Continued assurance would be a key consideration in any proposed developments. AC and DM both noted that they would be willing to attend the awayday on 24 March. Noted: AC noted there should be a formal handover of assurances from GHCD to WSM. SAR agreed to ensure this was taken forward, probably building on the directorate certificates of assurance. The Committee approved the Annual Audit Plan for 2009/10. Action 2: SAR was asked to arrange for a handover of assurances between GHCD and WSM. 4. Review of IRFS 2008/09 shadow accounts Noted: RB updated the Committee on the 2008/09 shadow IFRS accounts. RB raised the issue of a requirement for a letter of comfort from the Scottish Government (SG) with 2 regard to HMIE’s balance sheet. She confirmed that this had been queried and that SG had advised that they saw no need for a letter of comfort given HMIE’s funding is consolidated within the overall SG accounts. AC noted that he was uncomfortable about this position and suggested a further approach to SG might be required. AC noted the proposal to cover the negative balance sheet position through a detailed note to the accounts, but reiterated that he would prefer a letter of comfort. He advised that he would like to see a copy of the correspondence with SG in order to consider the detail of their response before deciding whether to ask SG to reconsider their position. Action 1: GH to send email from SG to both AC and DM to inform their considerations regarding a letter of comfort. 5. Internal Audit Plan 1/4/10 – 31/3/11 Noted: DF updated the Committee on the internal audit plan. Annex A of the document focused on the audit plan for 2010/11, with annex B detailing a focus on particular areas of the agency. SAR noted that it would be helpful to have the views of non-executives in considering auditing the inspection programme. Internal audit in this area had proven difficult, given the considerable expertise involved in being able to evaluate the effectiveness of the inspection models. AC asked what would add greater rigour in establishing assurance around inspection. SAR noted that, to an extent, there is externality already in place due to the number of external reference groups within the organisation and work commissioned through George St Research. AC indicated that it would be helpful for further consideration to be given to how to secure further assurance on the effectiveness of inspection models. Noted: AC noted that in relation to the internal audit paper there should be some changes to it e.g. to include possibly a review of change management arrangements and a reprioritisation of the areas to be looked at in 2011/12. Action: A paper on options for further assurance around the inspection programme to be considered for a future Committee meeting. 6. HMIE Finance Report Noted: SAR updated the Committee on the expected out-turn for 2009-10. HMIE had been successful in reducing expenditure so that the end-year forecast was no longer as tight as it had been previously. All publications were now web-based only, and a number of events had been cancelled by the organisation. The delegated budget to Directorates had also had a significant impact in controlling spending. DM noted that this looked like a positive effort in controlling overheads. 7. Risk Management update Noted: LB updated the group on the RAG report identifying all corporate risks, and questioned if the style of report was helpful to the group. DM noted that it would be useful to have the report ordered showing risks from high to low. AC noted that it would also be useful to have a greater degree of differentiation in the risks, as the ‘Medium’ category seemed fairly broad. 3 Noted: LB updated the committee on the success of the specific HMIE H1N1 continuity planning and how that had been taken forward in supporting continuity around recent cold weather disruption. 8. Review of arrangements for reporting and handling cases of fraud Noted: SAR noted that HMIE had a responsibility for reviewing the policy and guidance around fraud arrangements on an annual basis. He confirmed that a review had recently been carried out on fraud arrangements and it had been confirmed that adhering to existing SG policies remained appropriate. All HMIE staff had also been asked to undertake on-line training on IT security part of which was an assessment that helped gauge awareness and understanding. 9. Certificates of Assurance Noted: SAR advised that the Certificates of Assurance have been updated to cover the implementation of a procurement capability assessment and the introduction of HMIE Performs. DM questioned whether there was scope to streamline the CoAs to remove significant duplication. Action: Certificates of Assurance to be streamlined into one document. 10. Any other business Noted: AC noted that it would be unlikely that the composition of the Committee would change in time for the next meeting in May. Date of next meeting 24 May 2010 4