I propose to take Questions Nos. 137 to 139, inclusive, together.
While there are no specific guidelines issued by the Department of Public Expenditure and Reform in relation to the running of a recruitment process for CEOs of State bodies the Code of Practice for the Governance of State Bodies, 2016 provides a framework for the application of best practice in corporate governance for commercial and non-commercial State bodies. The Code provides a set of principles and detailed provisions in relation to the fiduciary duty of all Board members of State Bodies to act in good faith and in the best interests of the State body. This would encompass the recruitment process for the appointment of a CEO.
Paragraph 1.7 of the Code states that the Board should have a formal schedule of matters specifically reserved for it for decision including issues such as the appointment, remuneration and assessment of the performance of and succession planning for the CEO. Paragraph 1.8 of the Remuneration and Superannuation document of the Code requires that save in exceptional circumstances, and then with the agreement of the relevant Minister, the CEO should be recruited after a competitive process, and the contract should be signed prior to the CEO taking up duty.
The Public Appointments Service (PAS) is not generally responsible for the recruitment of CEOs for State Bodies. However, some State agencies (or their parent Department) do, from time to time, request that PAS run the process for the appointment of a CEO. PAS will consider any such request where there is a legislative basis to do so and PAS has the capacity to undertake the work. If the recruitment campaign is run by PAS, it is conducted in line with either the CPSA Code of Practice for Appointments to Positions in the Civil Service and Public Service or the PAS Guidelines for positions not under the remit of the Public Service Management (Recruitment and Appointments) Act 2004 as amended.
Where the campaign is run by PAS under the CPSA Code of Practice or its own Guidelines there is a requirement to use validated assessment tools and techniques at all stages of the selection process. Where the campaign is run by PAS under the CPSA Code of Practice or its own Guidelines there is a requirement to maintain adequate records and documentation to support decisions made at all stages of the selection process.