Source · Select Committees · Justice Committee
Recommendation 26
26
Acknowledged
2019 MoJ review diminished commissioners' involvement in CCRC key decision-making.
Conclusion
Commissioners, who take the key decisions in respect of the CCRC’s work, are the backbone of the organisation. The arrangements introduced as a result of the Ministry of Justice’s Tailored Review in 2019 changed the role 47 set out for them in statute with the effect that they are now no longer fully involved in, and able to input into, the making of key decisions about the organisation. (Conclusion, Paragraph 83)
Government Response Summary
The government refers to the 2019 Tailored Review and states that the interim Chair's review will evaluate the effectiveness of the CCRC's governance and the structural relationship between commissioners and the organisation, implicitly acknowledging the committee's concern about commissioner involvement in decision-making.
Government Response
Acknowledged
HM Government
Acknowledged
The 2019 Tailored Review of the CCRC4 noted that in December 2017 the Board directing the CCRC had 19 members made up of the Chair, 12 Commissioners, three SMT members and three Non-Executive Directors (NEDs). It found that this was not compliant with the principles set out in the UK Corporate Governance Code at the time5 which were that Boards should not be so large as to be unwieldy, with a balance of executive and non-executive directors such that no individual, or small group of individuals, can dominate the Board’s decision making. The Tailored Review further found that the same topics were regularly revisited during Board meetings and it expressed concern at the amount of time spent discussing areas of direct interest to Commissioners, for example, Commissioner terms and conditions and reappointment of Commissioners. It heard evidence that it was difficult to have discussions at the Board about changes to casework that might impact on Commissioners. It found that – while decisions were taken with the best interest of the CCRC in mind – there was a perception that decisions may be made in the best interests of Commissioners rather than the best interest of the organisation. Overall, the Tailored Review recommended that a smaller Board with a more focused agenda would improve the Board’s effectiveness and make more efficient use of Commissioners’ time which would benefit the Commission. The terms of reference for the interim Chair’s review include: Governance: To evaluate the effectiveness of the organisation's governance, including its structure and operational efficiency, and the effectiveness of the structural relationship between the Commissioners, the Body Corporate, the Board, and the Executive. The interim Chair is expected to fully review the contribution of Commissioners to the running of the CCRC. This will include the contribution of Commissioners through the Body Corporate and the Board. It is the responsibility of the Chair of the CCRC to ensure that appropriate structures are in place so that the organisation can be directed to carry out its responsibilities as effectively as possible. If it is recommended that changes to terms and conditions are required to deliver this, the Ministry of Justice will consider these at the appropriate point in time.