Deputy Director Constitution and Justice. Welsh Government. Job and Person Specification

Transcription

1 Deputy Director Constitution and Justice Welsh Government Job and Person Specification 1

2 Purpose of Post This high profile role is at the strategic heart of Welsh Government, leading on the development and operation of the devolution settlement for Wales at what is a critical time, given the implications of Brexit for the UK constitution. The post holder leads the Constitution & Justice Division, comprising around: o 15 staff working on constitutional affairs, inter-governmental relations, justice policy and supporting the Commission on Justice in Wales; and o 35 staff responsible for the operation of the Welsh Tribunals. Given the context of Brexit, the role is part of the European Transition Senior Leadership Team within the Office of the First Minister, and line management is through the Director, European Transition. The post holder will also be supported by the Director, Constitutional Affairs on constitutional issues. The post holder can expect to have significant Ministerial contact, in particular advising the First Minister on constitutional and tribunals matters, and the Cabinet Secretary for Local Government and Public Services on the justice portfolio. The team also provides significant support to the Counsel General. The accountability of the Welsh Tribunals Unit is to the President of Welsh Tribunals and the judicial leads. 2

3 Key responsibilities Constitutional Affairs and Inter-governmental Relations o Advise the First Minister and Welsh Government teams on constitutional issues generally and the Welsh devolution settlement and intergovernmental relations and protocols, working closely with the European Transition Team on the constitutional implications of Brexit and reform of the Memorandum of Understanding between the UK Government and the Devolved Administrations; o Support Welsh Government participation in the Joint Ministerial Committee machinery, including responsibility for JMC (Plenary), and oversight of the dispute resolution process; o Monitor the UK Government s legislative programme, and oversee the Legislative Consent process for consulting the National Assembly on Parliamentary legislation affecting Wales; o Contribute to the UK Government s devolution capability programme; o Oversee Welsh Government involvement in the British-Irish Council. Justice Policy o Oversee and co-ordinate the Welsh Government s engagement with the Commission on Justice in Wales, and from 2019, the response to its recommendations; o Lead on the relationship with the Ministry of Justice, devolution team, working closely with Community Safety and other Welsh Government teams, and with HMCTS on court reform; o Oversee the introduction of the Justice Impact Assessment process required by the Wales Act, and to support policy and Bill teams in complying with it from April 2018; o Represent the Welsh Government on the Independent Committee on Justice in Wales, and to contribute to the Justice in Wales Strategy Group; o Work with the Law Commission and the Welsh Tribunals Unit on the Welsh Tribunals Bill reform project; o Advise on justice policy aspects of Welsh Government legislation and chair the Justice Provisions in Legislation Group. o Advise the First Minister on judicial appointments where he is a statutory consultee. 3

4 Welsh Tribunals o Provide leadership and management support for the Head of the Welsh Tribunals Unit, including protecting judicial independence and ensuring the necessary resourcing to comply with statutory responsibilities; o Ensure delivery of priorities of the President of Welsh Tribunals, including cross-deployment of judges, complaints and discipline, and data security; o Oversee the 4 million Tribunals programme budget; o Oversee section 83 agreements with the Judicial Appointments Commission, the Judicial Complaints and Investigations Office and other MOJ agencies, and Concordats with WG policy teams. Commission on Justice in Wales o Provide support and oversight for the Commission secretariat, consistent with its independent working model, including ensuring effective controls are operating on budget, recruitment and internal compliance (e.g. on data security and privacy issues). The Commission is due to report in Person Specification The successful candidate will be able to demonstrate: o strong understanding of governmental, political and constitutional contexts in Wales and across the UK; o application of strategic thinking and creativity to solve complex issues; o capability to work in a fast-paced, challenging and uncertain work area; o personal credibility and impact, particularly in influencing / negotiating; o skill in building relationships and generating organisational capability; o experience in advising and supporting Ministers on difficult issues; o personal leadership and resilience; and o commitment to championing and mainstreaming equality and diversity. 4

5 Welsh Language Welsh language skills are not essential for this post; however we would welcome applications from people that have the ability to communicate orally and in writing through the medium of Welsh. Competencies Applicants are also required to demonstrate competency against the full range of leadership and SCS core skills identified for Senior Civil Servants as part of the Civil Service competency framework. Details of these skill areas, together with more information on the professional knowledge and related experience expected of the potential post holder can be seen at: Civil Service Competencies All Civil Servants are expected to conduct themselves in accordance with the Civil Service Code, a copy of which can be found at Annex B. Terms of appointment The post is available to permanent Civil Service employees on a lateral or promotion basis. You must be an existing Civil Servant recruited through fair and open competition to apply for this vacancy. If you are successful pre appointment checks will be taken up with your current department. Work Pattern This is full time role. We welcome applications from people who wish to work on a job share basis. The Welsh Government encourages flexible working. Location The post holder may work from any of the Welsh Government Offices. However, weekly travel to Cardiff will be essential to liaise with Ministers and Senior Officials and frequent travel to London is also anticipated. 5

6 Remuneration The SCS pay system is a simple broadband structure based on job evaluation groups. The structure has three core bands, Deputy Director, Director, and Director General. This role is at Deputy Director (SCS1) level. The starting pay on promotion into the Senior Civil Service will attract 10% increase in base pay or at the Senior Civil Service pay band minimum of 68,150, whichever is greater. However, for staff promoted from executive band 1 (Grade 6), the increase will be capped at 5% or be at the Senior Civil Service pay band minimum, whichever is the greater. Relocation expenses Assistance towards relocation may be available. Annual leave The successful candidate will be appointed on the modernised Senior Civil Service terms and conditions. There are 8 days bank holidays and 1 privilege day to be taken at fixed times of the year. Promotion If an existing civil servant is promoted into or within the Senior Civil Service, their annual leave allowance is based on their period of continuous employment in the Civil Service, as shown below: Length of service Up to 1 year - 25 days annual leave entitlement 1 year - up to 2 years - 26 days annual leave entitlement 2 years - up to 3 years - 27 days annual leave entitlement 3 years - up to 4 years - 28 days annual leave entitlement 4 years - up to 5 years - 29 days annual leave entitlement 5 years or more - 30 days annual leave entitlement Retirement There is no mandatory retirement age for Senior Civil Servants. 6

7 Terms and Benefits Occupational Health Services, including counselling and eye care provision. The Welsh Government has a range of family friendly policies in place and is supportive of people with caring responsibilities. We offer a range of leave provisions including: o Carers Leave o Paid and unpaid maternity leave o Flexible paid paternity leave o Flexible paid adoption leave Conflicts of interest Candidates must note the requirement to declare any interests they may have that might cause questions to be raised about their approach to the business of the Welsh Government. They are required to declare any relevant business interests, share holdings, positions of authority, retainers, consultancy arrangements or other connections with commercial, public or voluntary bodies, both for themselves and for their spouses/partners. The successful candidate will be required to give up any conflicting interests and his/her other business and financial interests may be published. Official Secrets Act The post is covered by the Official Secrets Act. The Civil Service Commissioners The Welsh Government s recruitment processes are underpinned by the principle of selection for appointment on merit on the basis of fair and open competition as outlined in the Civil Service Commissioners' Recruitment Principles which can be found at: If you feel your application has not been treated in accordance with the Recruitment Principles and you wish to make a complaint, you should contact 7

8 the HR Director Office of the First Minister and Cabinet Office, Welsh Government, Cathays Park, Cardiff CF10 3NQ in the first instance. If you are not satisfied with the response you receive from the Welsh Government you can contact the Office of the Civil Service Commissioners. Guaranteed Interview Scheme The Welsh Government, as an Equal Opportunities Employer and a Disability Confident organisation actively encourages applications from disabled people, and operates a guaranteed interview scheme for disabled people (as defined by the Equality Act 2010). Candidates who meet the minimum essential experience, skills, ability, knowledge and qualifications criteria for this appointment set out in the person specification will be guaranteed an invitation to an initial interview. If you qualify for this scheme please make this clear in your covering letter. Please also advise us of any special arrangements for interview you will require, to enable us to make the appropriate arrangements. If you are successful in being appointed, we will work with you to ensure the necessary reasonable workplace adjustments are in place at an early stage. Diversity and Equality The Welsh Government is committed to providing services which embrace diversity and which promote equality of opportunity. Our goal is to ensure that these commitments are embedded in our day-to-day working practices with all our customers, colleagues and partners. The Board has an Equality Champion and receives regular updates on equality and diversity. It has a target of women making up 50% of the Senior Civil Service by 2020 and to increase the numbers of BAME and disabled people in the SCS by To do this we are committed to valuing diversity and celebrating difference within our workforce, with the aim of being an exemplar of diversity and inclusion. We are currently ranked 12th in the UK in the Stonewall Top 100 list of employers, we are a Stonewall Diversity Champion, a Disability Confident Level 3 (Leader) organisation and received gold status from a:gender in Key to supporting this work and providing peer support are four Board sponsored Staff Networks (Disability Awareness and Support (DAAS); Minority Ethic Support Network (MESN); Prism (Lesbian Gay Bisexual Transgender Intersex +) and Women Together. Disabled people, those from a BAME background, women and people identifying as LGBTI+ are under-represented in the Welsh Government Senior Civil Service and we actively encourage you to apply if you are from one of these groups. 8

9 Pre-appointment checks The successful candidate must hold or be willing to obtain security clearance to Security Check level. The time scales for security clearance can vary however from receipt of completed paper work it can take between 10 to 12 weeks. Application Process We welcome applications in Welsh or English. Applications made in Welsh will not be treated less favourably than those made in English. Completed application form, an up to date CV, together with a personal statement of suitability against the Person Specification for the post should be submitted via the Welsh Government on line system by 10:00am GMT on Monday 4 June If you would like to discuss this role further, please contact Piers Bisson (Director, European Transition) at Piers.Bisson@gov.wales or phone Alternatively you can contact Hugh Rawlings (Director, Constitutional Affairs) at Hugh.Rawlings@gov.wales or phone As part of the assessment process; short listed candidates will be contacted direct by Civil Service Resourcing, who will ask you to complete a series of psychometric online assessments. Interviews will be held at Welsh Government Offices, Cathays Park, Cardiff on 28 June

10 Annex A Deputy Director Skills Strategic Cluster Setting Direction 1. Seeing the Big Picture Anticipate and predict the long term impact of national and international developments, including economic, political, environmental, social and technological, on own area Identify and shape how own area fits within and supports the work of the Department and priorities for the national interest, public and economic good Develop an in-depth insight into customers, citizens, services, communities and markets affected by their area and the wider public sector context Create joined up strategies and plans that have positive impact and add value for stakeholders, citizens and communities Shape strategies and plans which help put into practice and support the Department s vision and long-term direction, including those shared with other departments 2. Changing and Improving Seek, encourage and recognise ideas, initiative, improvements and measured risk taking within own area to deliver better approaches and services Encourage a culture of imaginative thinking, learning from experience and expanding mindsets and genuinely listen to ideas from employees and stakeholders Identify step changes that quickly transform flexibility, responsiveness and quality of service Challenge the status quo in own and related areas to achieve value-adding improvements and change Lead the transformation of services to users, moving to a digital approach whenever possible Create effective plans, systems and governance to manage change and respond promptly to critical events 10

11 3. Making Effective Decisions Interpret a wide range of political and national pressures and influences to develop strategies Create a culture and ensure systems and procedures are in place for the secure and careful handling of government and public information within own area Ensure involvement and consultation where necessary and take decisive action when required Articulate options and large-scale reputational risks and impacts, including economic, environmental, political and social, and recommend plans to manage and mitigate Take quick, confident decisions at a strategic level to move things forward to meet organisational goals Outline direction of travel, recommendations and decisions for their area People Cluster - Engaging People 4. Leading and Communicating Lead from the front, ensuring visibility and communicating in a straightforward, truthful and candid way Actively promote the Department s reputation externally and internally build a sense of pride and passion for public service Inspire staff and delivery partners to engage fully with long term vision and purpose of the Department, supporting them to make sense of change Actively promote diversity and equality of opportunity inside and outside the Civil Service, valuing difference and external experience Communicate with conviction and clarity in the face of tough negotiations or challenges, surface tensions and resolve ambiguities Influence external partners, stakeholders and customers successfully secure mutually beneficial outcomes 5. Collaborating and Partnering Proactively create, maintain and promote a strong network of connections with colleagues across the Department, wider Civil Service and externally Promote team working with peers, shares knowledge and resources with 11

12 peers and across functions Encourage and establish principles of working effectively across boundaries to support the business Encourage teams to engage with a variety of delivery partners and stakeholders and listen to their feedback Build high performing teams within own area, aligned around common goals Set out clear expectations that bullying, harassment and discrimination are unacceptable 6. Building Capability for All Champion development, talent and career management for all staff and make learning a reality by encouraging and providing a range of development experiences Create an inclusive environment, one from which all staff, including underrepresented groups, can benefit Encourage work-place based learning, ensure colleagues take responsibility for their own learning and share it to build organisational capability Support teams to succeed, devoting dedicated time to empowering people through coaching and mentoring and sharing expertise/knowledge Identify capability requirements to deliver Departmental 3-5 year strategy and grow sustainable capability across all groups including those identified as having high potential Role model continuous learning and self development, evaluating own effectiveness and growth and planning next learning steps accordingly Performance Cluster - Delivering Results 7. Achieving Commercial Outcomes Identify and implement different ways of working deployed in other sectors e.g. using resources, assets and commercial arrangements Promote a strong focus on the needs of customers, suppliers and other delivery partners to develop new commercial models for the delivery of policy and business goals Manage strategic commercial relationships and delivery arrangements actively and effectively to provide ongoing value for money to the tax payer 12

13 Develop and apply market and economic understanding and insights, working with commercial experts, to support sound commercial decision-making and recommendations Take a wide view, successfully achieving common goals with organisations that have different priorities Ensure teams appreciate how market demands, investment decisions and other commercial considerations such as funding and pricing models influence suppliers and the delivery of services 8. Delivering Value for Money Understand the financial position of own area, the organisation and the wider economy and recognise impacts of this when delivering services Make and encourage strategic choices on spend, challenge high risk costly projects and forgo non-priority expenditure Promote and visibly demonstrate a culture of value for money in own area/function in order to focus managers on getting a good return for taxpayers money Interpret a wide range of financial and management information and use financial data effectively in decisions Develop robust business cases, with fully costed options identifying clear policy advantages and/or returns on investment to assist decision making Understand and manage the risks and cost-drivers for own areas of responsibility in the context of strategic priority 9. Managing a Quality Service Facilitate flexible use of resources across grades through innovative structuring of teams and resources within own area Clarify and articulate the diverse requirements of customers and delivery partners to support delivery of professional excellence and expertise Use customer insight to determine and drive customer service outcomes and quality throughout own area Translate complex aims into clear and manageable plans and determine resource requirements to support implementation Maintain and improve service by managing risks to ensure own area and partners deliver against defined outcomes 13

14 Work collaboratively with customers or service delivery partners to manage, monitor and deliver against service level agreements 10. Delivering at Pace Translate strategic priorities into clear outcome-focused objectives for managers and provide the energy and drive in achievement of these objectives Take ownership of delivery against outcomes and give credit for others delivery Maintain a strong focus on priorities, holding others to account for priorities and swiftly respond to changing requirements Drive a performance culture within own area, allowing people space and authority to deliver their objectives Act as a role model for delivery by injecting enthusiasm and energy to achieve results Promote resilience and responsiveness in the organisation by being open and honest about challenges, and the actions required to address unexpected developments Annex B 14

15 CIVIL SERVICE CODE 15

16 CIVIL SERVICE CODE Presented to Parliament pursuant to section 5 (5) of the Constitutional Reform and Governance Act Presented to the National Assembly for Wales pursuant to section 5 (7) of the Constitutional Reform and Governance Act

17 Civil Service values 1. The statutory basis for the management of the Civil Service is set out in Part 1 of the Constitutional Reform and Governance Act The Civil Service is an integral and key part of the government of the United Kingdom. It supports the Government of the day in developing and implementing its policies, and in delivering public services. Civil servants are accountable to Ministers 1. They are in turn accountable to the National Assembly for Wales As a civil servant, you are appointed on merit on the basis of fair and open competition and are expected to carry out your role with dedication and a commitment to the Civil Service and its core values: integrity, honesty, objectivity and impartiality. In this Code: integrity is putting the obligations of public service above your own personal interests; honesty is being truthful and open; objectivity is basing your advice and decisions on rigorous analysis of the evidence; and impartiality is acting solely according to the merits of the case and serving equally well Governments of different political persuasions. 4. These core values support good government and ensure the achievement of the highest possible standards in all that the Civil Service does. This in turn helps the Civil Service to gain and retain the respect of Ministers, the National Assembly for Wales, the public and its customers. 1. In this version of the Code, Ministers means the First Minister for Wales, the Welsh Ministers, Deputy Welsh Ministers and the Counsel General to the Welsh Government as referred to in the Government of Wales Act The Counsel General to the Welsh Government may not be an Assembly Member but he/she may participate in Assembly proceedings. Since May 2016, individual Welsh Ministers have been known as Cabinet Secretaries and individual Deputy Ministers as Ministers. However, this is a presentational change and does not alter the position constitutionally. So, for example, a Cabinet Secretary (which is a term that has no legal basis) will exercise Welsh Minister functions. 2 Civil servants advising Ministers should be aware of the constitutional significance of the National Assembly for Wales and of the conventions governing the relationship between the National Assembly and the Welsh Government. 17

18 5. This Code 3 sets out the standards of behaviour expected of you and other civil servants. These are based on the core values which are set out in legislation. The Welsh Government also has its own mission and values statements based on the core values, including the standards of behaviour expected of you when you deal with your colleagues. Standards of behaviour Integrity 6. You must: fulfil your duties and obligations responsibly; always act in a way that is professional 4 and that deserves and retains the confidence of all those with whom you have dealings 5 ; carry out your fiduciary obligations responsibly (that is make sure public money and other resources are used properly and efficiently); deal with the public and their affairs fairly, efficiently, promptly, effectively and sensitively, to the best of your ability; ensure you have Ministerial authorisation for any contact with the media 6 ; keep accurate official records and handle information as openly as possible within the legal framework; and comply with the law and uphold the administration of justice. 7. You must not: 3 The respective responsibilities placed on the First Minister for Wales, the Welsh Ministers, Deputy Welsh Ministers and the Counsel General to the Welsh Government and special advisers in relation to the Civil Service are set out in their Codes of Conduct: Special advisers are also covered by this Civil Service Code except, in recognition of their specific role, the requirements for objectivity and impartiality (paras below). 4 This includes taking account of ethical standards governing particular professions. 5 Including a particular recognition of the importance of cooperation and mutual respect between civil servants working for the Welsh Government, and UK Government and other devolved administrations, and vice-versa. 6 The whistleblowing legislation (the Public Interest Disclosure Act 1998) may also apply in some circumstances. The Directory of Civil Service guidance and the Civil Service Management Code give more information. 18

19 misuse your official position, for example by using information acquired in the course of your official duties to further your private interests or those of others; accept gifts or hospitality or receive other benefits from anyone which might reasonably be seen to compromise your personal judgement or integrity; or disclose official information without authority. This duty continues to apply after you leave the Civil Service. Honesty 8. You must: set out the facts and relevant issues truthfully, and correct any errors as soon as possible; and use resources only for the authorised public purposes for which they are provided. 9. You must not: deceive or knowingly mislead Ministers, the National Assembly for Wales or others; or be influenced by improper pressures from others or the prospect of personal gain. Objectivity 10. You must: provide information and advice, including advice to Ministers, on the basis of the evidence, and accurately present the options and facts; take decisions on the merits of the case; and take due account of expert and professional advice. 11. You must not: ignore inconvenient facts or relevant considerations when providing advice or making decisions; or frustrate the implementation of policies once decisions are taken by declining to take, or abstaining from, action which flows from those decisions. 19

20 Impartiality 12. You must: carry out your responsibilities in a way that is fair, just and equitable and reflects the Civil Service commitment to equality and diversity. 13. You must not: act in a way that unjustifiably favours or discriminates against particular individuals or interests. Political Impartiality 14. You must: serve the Government, whatever its political persuasion, to the best of your ability in a way which maintains political impartiality and is in line with the requirements of this Code, no matter what your own political beliefs are; act in a way which deserves and retains the confidence of Ministers while at the same time ensuring that you will be able to establish the same relationship with those whom you may be required to serve in some future Government; and comply with any restrictions that have been laid down on your political activities. 15. You must not: act in a way that is determined by party political considerations, or use official resources for party political purposes; or allow your personal political views to determine any advice you give or your actions. Rights and responsibilities 16. The Welsh Government has a duty to make you aware of this Code and its values. If you believe that you are being required to act in a way which conflicts with this Code, the Welsh Government will consider your concern, and make sure that you are not penalised for raising it. 17. If you have a concern, you should start by talking to your line manager or someone else in your line management chain. If for any reason you would find this difficult, you should raise the matter with The Welsh Government s nominated officers who have been appointed to advise staff on the Code. 20

21 18. If you become aware of actions by others which you believe conflict with this Code you should report this to your line manager or someone else in your line management chain; alternatively you may wish to seek advice from your nominated officers. You should report evidence of criminal or unlawful activity to the police or other appropriate regulatory authorities. This Code does not cover HR management issues. 19. If you have raised a matter covered in paragraphs 16 to 18, in accordance with the relevant procedures 7, and do not receive what you consider to be a reasonable response, you may report the matter to the Civil Service Commission 8. The Commission will also consider taking a complaint direct. Its address is: G/08, 1 Horseguards Road, London SW1A 2HQ. Tel: info@csc.gov.uk If the matter cannot be resolved using the procedures set out above, and you feel you cannot carry out the instructions you have been given, you will have to resign from the Civil Service. 20. This Code is part of the contractual relationship between you and your employer. It sets out the high standards of behaviour expected of you which follow from your position in public and national life as a civil servant. You can take pride in living up to these values. January The whistleblowing legislation (the Public Interest Disclosure Act 1998) may also apply in some circumstances. The Directory of Civil Service Guidance and the Civil Service Management Code give more information: GOV.UK - Civil Service Management Code. 8 The Civil Service Commission s Guide to Bringing a Complaint gives more information, available on the Commission s website: 21