Section 23 of the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 to 2016 - the new Irish vetting legislation, known until now as Garda vetting – is one of the shortest sections of the vetting legislation.
Section 23 stipulates that the National Vetting Bureau must produce an Annual Report.
In our essay this week, we look at how that Annual Report represents an incredibly valuable opportunity for the National Vetting Bureau to:
- Increase the level of transparency in, and confidence around, the work of the Bureau
- Communicate that value for money is being delivered to the public
- Increase accountability with the Bureau reporting back on publicly published Key Performance Indicators, including but not limited to public satisfaction levels with the service provided
- Enable taxpayers to hold both Ministerial and Bureau decision-makers to account
The legislation is silent on the detail of the Annual Report, but if they choose to adopt some if not all of these recommended areas, the whole area - the role of Bureau in improving organisations' abilities to make fair, effective, efficient safe recruitment decisions - will be strengthened.
SECTION 23 STATUTORY OBLIGATION
The Annual Report must be produced no later than 6 months after the end of each year. So in practice this means that it must be published by e.g. 30 June 2017 in respect of the year 2016.
TRUST & CONFIDENCE
Ultimately, the Annual Report should be one way the National Vetting Bureau works to inspire trust and confidence in the job that it does.
The report is to be prepared by the National Vetting Bureau, and is then passed to the senior ranking officer of the Garda Siochana, the Garda Commissioner.
From there, the Annual Report is to be presented to the Minister in government; and from there it is to be put before the Houses of the Oireachtas.
THE OPPORTUNITY
The Annual Report represents a significant opportunity for the leadership of the National Vetting Bureau. At its core, the Annual Report should:
- Increase the level of transparency in the work of the Bureau
- Communicate that value for money is being delivered to the public
- Increase accountability
- Enable taxpayers to hold both Ministerial and Bureau decision-makers to account
WHAT IT SHOULD INCLUDE
While it’s not a case of directly comparing apples with apples, the National Vetting Bureau leadership team would do well to draw inspiration from the Annual Report of the UK’s Disclosure and Barring Service, published here.
What that report shows is that it’s easily achievable to compile a report that includes:
- case studies (suitably anonymized),
- statistical data,
- reviews of what worked and what needs improving,
and that as such, all are areas that should be considered so that the Annual Report becomes something of substantive value, rather than a figleaf of transparency.
FURTHER AREAS TO INCLUDE
There’s no hard and fast rules here, but we suggest that the following areas should be considered for inclusion:
- Service standards?
- Measuring compliance with Statutory obligations?
- Turnaround times from start to finish with disclosures being issued?
- What are the Key Performance Indicators?
- Accuracy – How accurate are the results?
- Timeliness – How quickly are cases turned around?
- Customer Satisfaction – How satisfied are members of the public with the service provided by the National Vetting Bureau?
- Public Safety
- Value for Money
WHO THE BUREAU IS AND WHAT IT’S FOR
A summary of who actually makes up the National Vetting Bureau would be welcom, shedding light on:
- A summary of who actually makes up the National Vetting Bureau
- The aims and objectives of the Bureau
- Identify key risks being faced by the Bureau
- Give an objective view of the performance of the Bureau in the year
THE PUBLIC INTEREST FACTOR
Again, it's all about building confidence. The following should be included:
- Leadership Report
- Resources
- Performance
- Progress & Achievements
- Transparency
- Other Public Interest Information
TRANSPARENCY LEADING TO CONFIDENCE
Finally, these additional areas should be included:
- Remuneration Report
- Governance Statement
- Comptroller & Auditor General Report
- Statement of Net Expenditure
- Statement of Financial Position
- Statement of Cash Flows
- Accounts
SUMMARY
The section 23 statutory obligation on the National Vetting Bureau to publish an Annual Report is one that presents the Bureau with an opportunity to earn the trust of multiple stakeholders interacting with the Bureau. At the core of the mission of the National Vetting Bureau is an endeavour to improve the ability of organisations to make informed, speedy, accurate decisions about whether or not to recruit someone into their organisation.
Starting with a clean slate, the Bureau has an opportunity to set the bar as high as it can, holding itself to account in a transparent way that inspires trust, builds confidence, and embed the Bureau in the nations’ conscience as a worthy repository of its citizens’ confidence.
This essay is for general information purposes only and does not constitute legal or other professional advice.
Specific legal advice from a firm of solicitors should always be sought on the application of the law in any particular situation.
Whilst reasonable endeavours have been made to ensure the accuracy of the content, no liability whatsoever is accepted for any omissions or errors or for any action taken in reliance of the information in this essay.
