Draft minutes of the Thirty-Third meeting of the Disability Rights

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Approved Minutes of the Board Meeting
Approved Minutes of the Thirty-Seventh meeting of
the Board of the Equality and Human Rights
Commission held on 15 September 2011 at the
Commission's London Office, 3 More London,
Riverside, Tooley St, London SE1 2RG
(11:00 – 17:00)
Present
Commissioners:
Trevor Phillips (Chair)
Margaret Prosser
Mark Hammond
Stephen Alambritis
Sarah Alexander
Ann Beynon
Kay Carberry
Meral Hussein Ece
Jean Irvine
Kaliani Lyle
Angela Mason
Mike Smith
Geraldine van Bueren
Simon Woolley
Officers:
Helen Hughes - Corporate Management Group Director
John Wadham - Legal Group Director
Sheila Kumar - Regulation Group Director
Richard Emmott - Communications Group Director
Ros Micklem – National Director, Scotland
Kate Bennett - National Director, Wales
Debbie Wood - Director Commissioners' Office
Philip Mabe - Finance Director
Linda Wike - Director, Business Planning
Jim Mitchell – Commissioners' Support Manager
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Approved Minutes of the Board Meeting
Also Present:
Lynne Featherstone MP, Parliamentary Under-Secretary of State
for Equalities (PUSS)
Jade Staiano - Assistant Private Secretary to PUSS
Lisa-Anne Boissiere - Government Equalities Office
Item 1: Welcome to Evelyn Collins CBE, Chief
Executive of the Equality Commission for Northern
Ireland
37/1.1
The Board welcomed Evelyn Collins CBE, Chief
Executive of the Equality Commission for Northern Ireland (ECNI),
to the meeting. Ms Collins spoke about the last twelve years of the
ECNI's development, highlighting the issues involved in building a
single Equality Commission resulting from the merger of its three
predecessors. She emphasised that the key focus of the
Commission's work, in developing and implementing its Strategic
Plan, was about making a positive impact on the lives of individual
people.
37/1.2
Commissioners were extremely impressed with the
progress made by ECNI, and there was a lengthy discussion.
37/1.3
In thanking Ms Collins for addressing the Board, the
Chair stated that it would benefit the EHRC, in preparing its own
Strategic Plan 2012/15, to visit the ECNI in order to learn from its
experience.
Item 2: Welcome, general points and apologies for
absence
37/2.1
The Chair welcomed everyone to the meeting, in
particular new Commissioner Sarah Anderson, attending her first
Board meeting. He also welcomed back Commissioner Kay
Carberry, who had now recovered from an operation. Apologies for
absence had been received from Commissioner Sally Greengross,
and from Julie Anderson, Interim Corporate Management Group
Director.
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Approved Minutes of the Board Meeting
37/2.2
The Chair indicated that an additional agenda item had
arisen, at the request of the Chair of the Regulatory Committee:
Eweida v United Kingdom & Chaplin v United Kingdom
Ladele v United Kingdom & McFarlane v United Kingdom, and it
was agreed that this be considered at agenda item 7(a) Report of
the Chair of the Regulatory Committee.
Item 3:
Declaration of Interest
37/3.1
The Chair noted that Commissioner Geraldine van
Bueren was a member of Doughty Street Chambers( a common
law set of barristers with a strong emphasis on civil liberties and
human rights) and that Commissioner Ann Beynon's husband was
a member of the Welsh Assembly Government.
Item 4: Minutes of Board Meeting - 14 July 2011
(EHRC 37.01)
37/4.1
The minutes of the meeting held on 14 July 2011 were
approved as a correct record.
Item 5:
37.02)
Matters Arising from the Minutes (EHRC
37/5.1
Commissioners noted the Matters Arising report.
Item 6: Update Reports
(a) Report of Chair of the Commission (EHR 37.03)
37/6.1
The Board noted the Chair's Report and oral update.
37/6.2
follows:
Consideration was given to two specific issues, as
Dale Farm
37/6.3
Commissioners reviewed the current situation at Dale
Farm, noting that the travellers were due to be evicted on 19
September. It was noted that a delegation from the Commission
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Approved Minutes of the Board Meeting
had held discussions with the residents and with the local
authority. The Commission had also requested the Government to
intervene in order to try to achieve a solution. The Commission's
main concern was for the safety and wellbeing of those who were
vulnerable, such as the elderly, children and those who were
disabled or infirm.
37/6.4
Consideration was given to what role the Commission
might play, given its overall statutory remit, both in the short and
longer terms, and the following was agreed:
1. That further consideration be given to ensuring that all
appropriate measures had been and would be undertaken to
ensure the protection of vulnerable people, including the continued
provision of education for children in the event of an eviction taking
place.
2. That the Commission use its good offices to facilitate discussion
between United Nations representatives and the police.
3. That the Commission examine how the present situation had
arisen, and in particular seek to hold meetings with the
Government and local authority representatives with regard to the
appropriate provision of travellers' sites throughout Britain.
(Action A: Chief Executive, Group Directors Regulation and
Legal)
Summer Riots
37/6.4
Consideration was given to the riots that had taken
place in London and other English cities during August. It was
agreed that officers be requested to gather together the available
data on their cause and submit a report to the Board on what the
Commission's role might be. (Action B: Group Director
Communications)
(b) Report of the Chief Executive (EHRC 37.04)
37/6.5
The Board received and noted the report of the Chief
Executive, and his oral update
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Approved Minutes of the Board Meeting
Item 7: Reports of Committee Chairs
37/7.1
The Board received reports from the Chairs of the
Regulatory, Audit and Risk, Scotland and Wales Committees,
together with oral updates, outlining key decisions and actions
currently taking place.
37/7.2
The following was agreed/noted:
 Audit and Risk Committee - It was noted that the NAO had
informed the Committee that they expected that the 2010/11
Accounts would be unqualified. The Board thanked all those
who had contributed towards this excellent result.
 Scotland Committee - the report on the Human Trafficking
Inquiry would be submitted to the Regulatory Committee for
sign-off in October 2011, with a major launch at the end of
November.
 Wales Committee - the reappointment of Olwen Williams to the
Wales Committee, for a further year to 30 September 2012, was
approved. (Action C: Commissioners' Support Manager to draft
letter of reappointment)
37/7.3
Commissioner Mike Smith provided an update on the
launch of the Disability Harassment Inquiry. He thanked all the
staff involved, in what had been an excellent example of crossDirectorate working. Commissioners Margaret Prosser and Jean
Irvine had been in attendance at the successful launch.
37/7.4
The Board congratulated Mike Smith and the officers
for an excellent piece of work, noting also that representatives of
many agencies had stated their commitment to work positively with
the Commission on this important issue.
37/7.5
The Board gave initial consideration to the cases of
Eweida v United Kingdom & Chaplin v United Kingdom,
Ladele v United Kingdom & McFarlane v United Kingdom, and
agreed that this matter be delegated to a special meeting of the
Regulatory Committee, to be convened later on the same day, for
decision.
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Approved Minutes of the Board Meeting
Item 8: Resource, Performance and Risk Report
(EHRC 37.09)
37/8.1
The Board received the July report. It was explained
that the August report had now been completed but that the timing
of the meeting was too soon after the month end to allow the
August report to be distributed in time for the meeting. The August
report would be provided to the Resources Committee at their next
meeting on 28th September, after which it would be circulated to
the Board. It was noted that a more detailed version of the risk
register was regularly submitted to the Audit and Risk Committee.
The strategic risk register had been reviewed by the Audit and
Risk Committee at their meeting on 6th September and would be
sent to Board members along with the August Resource
Performance and Risk report. (Action D: Commissioners' Support
Manager).
37/8.2
The report was noted.
Item 9: 2010/11 Annual Report and Accounts (EHRC
37.10)
37/9.1
The Board received the draft Annual Report and
Accounts (ARA) for 2010/11, together with a covering report
explaining the remaining key actions leading to the ARA being laid
in Parliament. The timings of meetings of the Board and the Audit
and Risk Committee were such that significant further delay would
arise if the Board were to approve the ARA at one of its meetings.
The Board was therefore requested to approve the ARA using the
Written Resolutions procedure as specified in the Governance
Manual. The ARA would be sent to members for approval after
being reviewed and agreed by the Audit and Risk Committee.
Commissioners would be informed in advance of the date of
circulation and the deadline for approval. It was noted that when
the Commission was ready to lay the Accounts, an accompanying
statement would be issued together with a series of 'Q & As' for
Commissioners.
37/9.2
The Board:
(1) Noted the key outcomes from the NAO progress report and
that the NAO would continue to stress the need for the
Commission to continue to improve its financial management.
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Approved Minutes of the Board Meeting
(2) Noted the expectation that the ARA would be unqualified,
although ongoing expenditure incurred in 2010/11 arising from 16
procurements by Single Tender Actions in prior years would be
noted by the Comptroller and Auditor General in his report to
Parliament.
(3) Noted the remaining key actions and associated deadlines.
(4) Agreed to approve the final 2010/11 ARA using the Resolutions
in Writing procedure, as specified in the Governance Manual,
following review and a recommendation to approve by the Audit
and Risk Committee.
(Action E: Commissioners' Support Manager to inform
Commissioners once date for circulation of ARA under the Written
Resolutions procedure was confirmed)
Item 10: Minutes of Committees
37/10.1
The minutes of the following Committees were
received and noted:
 Disability Committee - 8 June 2011 (EHRC 37.11)
 Disability Committee - 12 July 2011 (Part confidential item)
(EHRC 37.12)
 Wales Committee - 15 June 2011 (EHRC 37.13)
 Resources Committee - 4 July 2011 (Confidential item) (EHRC
37.14)
 Regulatory Committee - 28 July 2011 (Confidential item) (EHRC
37.15)
Item 11: Welcome to Lynne Featherstone MP,
Parliamentary Under-Secretary of State for Equalities
37/11.1
Commissioners welcomed Lynne Featherstone MP,
who discussed a range of issues with the Board.
Item 12: Strategic Plan (EHRC 37.16)
37/12.1
The Board received a paper advising on progress with
the Strategic Plan 2012/15. Attached to the report was a proposed
document for consultation on Phase 2 of the Plan. Commissioners
considered this document in detail, submitting comments and
suggestions for its further refinement.
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Approved Minutes of the Board Meeting
37/12.2
It was agreed that a further iteration of the document,
having regard to the comments submitted and any further
comments that Commissioners might wish to submit by email, be
circulated to all Commissioners in the following week, with
authority being delegated to the Chair of the Commission to give
final approval to the document.
(Action F: Commissioners' Support Manager to remind
Commissioners to submit comments)
Item 13: Any Other Business
37/13.1
There were no items of other business. The
Information Pack was noted.
Chair
(Signed on 24 November 2011)
Contact on Minutes:
Jim Mitchell
Commissioners' Support Manager
Telephone: 020 3117 0220
Email: jim.mitchell@equalityhumanrights.com
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