Board minutes: 27 February 2024

(Commissioners only, 9.00 – 9.30am)

The Board Chair welcomed all to the meeting, particularly Sheila Ritchie, who joined her first meeting following her formal appointment as an Electoral Commissioner and, the newly appointed Director, Electoral Administration and Guidance, Jackie Killeen, who also attends her first Board meeting. The Board noted that external consultant Louise Sheppard from Praesta, would be observing the meeting. The Board noted that no apologies were received.  

The Board noted that it was Rob Vincent’s last Board meeting having been a Commissioner and subsequently stepped into the role of Interim Chief Executive. The Board thanked Rob for his work and wished him well.

The Digital Communications and Voter Engagement team provided the Board with an overview of their work. This included ensuring the accessibility of content on our website, championing the use of plain English, managing the social media platforms, and reaching key public audiences through partners and through schools.    

The Board thanked the team for their presentation.   

Resolved: That the Board noted further declarations of interests, that would be provided to the Governance team for updating on the register and publication on the website.

Resolved: That the Board agreed the minutes of the meeting held on 16 January 2024.

Resolved: That the Board noted actions requested by the Board and for updates to be included on the action tracker.

The Chief Executive provided an update on the May elections, budgets for 2023/24 and 2024/25, external and internal analysis of learning points on identifying future risks to corporate projects, senior management structure of the Commission and the restoration of the NI Assembly. It was also confirmed by the Interim Director, Finance that assumptions underpinning the Main Estimate 2024/25 encompass the additional sums agreed in the Supplementary Estimates of 2023/24 for both Scotland and Wales.

Further updates included an update on overview of electoral risks, voter ID and the presence of campaigners outside polling stations.  

The Board discussed entering a challenging election period with specific risks facing support and protection for candidates, keeping in constant contact and working with government bodies, security organisations and suppliers such as Royal Mail.

Resolved: That the Board noted the update. 

The Board discussed further finalising the dates for the Board meetings in Scotland in May 2024 and to include topics of discussions on roles and responsibilities of Commissioners and the Corporate Governance Framework. It was also agreed that the Board should consider observing at elections at a future Board meeting.

Resolved: That the Board noted the Forward Plan of Board business for 2023/24 and 2024/25.

The Director, Communications, Policy and Research introduced the report providing the latest update on the SPS, which had now come into effect.

The Board noted the requirement to have regard to the SPS and to report on it to the Speaker’s Committee. It discussed the extent to which the advice set out in the SPS departs from the Commission’s current or planned policy and practice, and discussed how it could continue to have regard to it over the coming period.

The Board considered that the biggest risk is that the public and campaigners perceive the Commission not to be independent. It is the existence of the document that creates that risk. However, the government has stated clearly that it wants the Commission to continue to act independently and there is therefore no need to change existing procedures or incur additional costs. The position of the government, as set out in the Statement, can be considered on its merits alongside all other relevant considerations in the usual way with light touch recording as necessary to enable the Commission to account to the Speaker’s Committee as required.

The Board thanked Director, Communications, Policy and Research on the way the updates had been prepared.

Resolved: That the Board noted the report.

Resolved: That the Board agreed the appointment of Commissioner Carole Mills onto the membership of Remuneration and Human Resources Committee. 

The Interim Director, Finance introduced the report setting out the key actions that will be taken to achieve our objectives.

The Board discussed that agreed performance indicators and targets are for 2024/25. However, the Board requested that for future years there should be a stronger focus on outcomes and a clearer trajectory for indicators and targets relating to internal administration, for example on financial management. It was agreed that Commissioners Sheila Ritchie and Carole Mills would work with the Executive team to help develop these indicators as part of the corporate plan process.

Resolved: That the Board agreed the indicators and targets for 2024/25.

Update from the Audit and Risk Assurance (ARAC) Committee Chair  (Oral)

The ARAC Chair provided an update on the extraordinary meeting of the Committee held on 6 November 2023, which discussed the management letter from the NAO re. year end 2022/23 and lessons learnt reports on the PF Online project.  

A further update was provided on the ARAC Committee meeting held on 5 December 2023, on the NAO annual audit planning report on 2023/24 financial statements, progress update on the NAO management letter, internal audit progress report, risk appetite statement 2024/25, review of the committee terms of reference, strategic risk register, annual review of schedule of policies and codes, annual review of risk framework, annual review of accounting policies for 2022/23, quarterly performance report Q2 2023/24, schedule of audit recommendations and register of interests, gifts, donations and hospitality.

There was an update of the ARAC meeting held on 26 February 2024 which covered the NAO update on detailed planning work, progress on the NAO management letter, an update on the PF Online project recommendations, RSM internal audit progress report, annual review of risk framework (including risk management policy), review into finance system project and response to NAO management letter, annual report of the committee to the commission board, updated terms of reference, review of strategic risk register, operational risk register (six monthly), update on income and debt, interim review of year end process 2022/23 to 2023/24, quarterly performance report Q3 2023/24, schedule of audit recommendations and register of interests, gifts, donations.  

Resolved: That the Board noted the updates. 

Risk appetite statement 2024/25 (EC 263/24)

Resolved: That the Board noted the risk appetite statement for 2024/25 as reviewed and agreed by the Audit and Risk Assurance Committee at their meeting in December 2023.

Resolved: That the Board agreed with the current approach of reviewing the risk appetite every six months. 

Annual review of risk (EC 264/24)

The Interim Director, Finance introduced the report updating the Board on progress with the strategic risks and any risk improvement work that has taken place during the year, as part of our corporate governance and risk framework annual reporting.

The Board requested that the strategic risks be circulated once SR5 and SR6 have been developed.

Resolved: That the Board noted the risk framework and updates on strategic and operational risks and current approach of managing risks. 

This item was deferred to the next meeting of the Commission Board.

The Committee Chair provided an update of the EDI meeting held on 13 December 2023, on the people survey results, promoting inclusive language, update on EDI action plan, the EDI dashboard and the Northern Ireland EQIA requirements.

Resolved: That the Board noted the update. 

The Director and General Counsel introduced the report, providing an update as stated in paragraph 4.6 of the corporate governance framework, that the Commission should have a schedule of policies which sets out in table form our key policies, whether statutory or discretionary, their purpose, the policy ‘owner’, and when each policy is due for review.

The Board discussed that safeguarding policies on child protection and vulnerable adults should be added to the schedule.

Resolved: That the Board noted the report with the addition of safeguarding policies on child protection and vulnerable adults.