WNC/07/5/06

Office of the Commissioner for Public Appointments - OCPA

Background

There are over 800 public bodies sponsored by UK government departments. These are bodies set up by government ministers but are not part of a government department and provide independent advice or deliver some aspect of public service.They play a part in shaping and influencing national policy and decision-making and include advice-giving organisations, such as the Advisory Board on Family Law, and others deliver public services, like the Training and Development Agency for Schools. These non-departmental public bodies (NDPBs)operate independently of ministers, although ministers remain ultimately responsible for them. They are also known as

A public appointment is an appointment to the Board of a public body. Although appointments are generally made by Ministers, the administration of applicationsis handled by either civil servants in government departments, or, on occasions, by a recruitment consultant. In carrying out this function, government departments work to ensure there is a fair and open process.

OCPA

The Office of the Commissioner for Public Appointments (OCPA) supports the work of the Commissioner for Public Appointments, a position independent of the government.

In 1995, the Nolan Committee made a series of recommendations intended to increase public confidence in the way in which appointments are made. The principle recommendation was that an independent Commissioner should be appointed. This Commissioner's role was to establish a Code of Practice for ministerial appointments to public bodies, and monitor the process to ensure those appointments are made on merit, after fair and open competition. The office of Commissioner was created on 23 November 1995.

OCPA’S Objectives

The OCPA has a number of objectives to meet in supportingthe work of the Commissioner. These are:

  • to achieve the Commissioner's aims and objectives for securing improvements in the public appointments process;
  • to take a constructive role in the development of public appointments by the devolved administrations;
  • to ensure effective monitoring of the public appointments process; and
  • to provide timely and high quality support to the OCPA communications strategy.

The Commissioner's Role

The Commissioner's role is to regulate, monitor, report and advise on appointments made by UK Ministers and by members of theWelsh Assembly Governmentto the boards of around 1,100 national and regional public bodies. Some bodies within Northern Ireland also fall under the Commissioner’s remit. BothScotland andNorthern Ireland each have their own Commissioners who, although sharing similar procedures and objectives, are separate from the post of Commissioner for Public Appointments in England and Wales.

Government departments are required to follow the Commissioner's Principles and detailed Code of Practice when making public appointments. The Commissioner is also responsible for investigating complaints.

Diversity

The Commissioner and OCPA are committed to ensuring that the public appointments process is open to as wide a range of people as possible. Since March 2002 the Commissioner has been given formal responsibility for encouraging equal opportunities in respect of appointments to public bodies. The Commissioner is involved in a number of initiatives and outreach events throughout the year. She regularly meets and presents information to targeted groups to encourage a wide range of people to apply to be considered for public appointments.

Currently, the diversity of boards of public bodies needs to be improved, so applications from women, people with minority ethnic backgrounds and disabled people are particularly welcomed.The Cabinet Office Public Appointments Unit has published ‘Improving Diversity in Public Appointments’, giving information on departments’ progress against their diversity targets and information on their initiatives to encourage greater diversity in public appointments.

The latest figures showing the percentages of public appointees by gender, ethnicity and disabilitycan be seen in the tables below.

Chairs

Appointment/
re-appointment / % Male / % Female / % Ethnic Minority / % Disabled
Chairs
2000-2001 / 459 / 66 / 34 / 4.8 / 0.7
2001-2002 / 371 / 66 / 34 / 4 / 1.1
2002-2003 / 369 / 66.4 / 33.6 / 4.6 / 2.7
2003-2004 / 284 / 75 / 25 / 4.9 / 2.8
2004-2005 / 449 / 69.9 / 30.1 / 4 / 2.2
2005-2006 / 314 / 67.8 / 32.2 / 6.1 / 3.2
2006-2007 / 480 / 69.2 / 30.8 / 7.7 / 3.5

Board Members

Appointment/
re-appointment / % Male / % Female / % Ethnic Minority / % Disabled
Board Members
2000-2001 / 3397 / 62 / 38 / 8.9 / 2.6
2001-2002 / 3135 / 60 / 40 / 9.2 / 3.1
2002-2003 / 3111 / 60.4 / 39.6 / 9.4 / 2.7
2003-2004 / 2594 / 63.2 / 36.8 / 8.8 / 3.2
2004-2005 / 2873 / 60.5 / 39.5 / 9.8 / 4.4
2005-2006 / 2593 / 62.9 / 37.1 / 8.9 / 4.5
2006-2007 / 3382 / 63 / 37 / 9.4 / 6.5

All Public Appointments

Appointment/
re-appointment / % Male / % Female / % Ethnic
Minority / % Disabled
All Public Appointments
2000-2001 / 3856 / 62 / 38 / 8.5 / 2.4
2001-2002 / 3506 / 61 / 39 / 8.6 / 2.9
2002-2003 / 3480 / 61 / 39 / 8.9 / 2.7
2003-2004 / 2878 / 64.4 / 35.6 / 8.4 / 3.2
2004-2005 / 3322 / 61.8 / 38.2 / 9 / 4.1
2005-2006 / 2907 / 63.4 / 36.6 / 8.6 / 4.4
2006-2007 / 3862 / 63.8 / 36.2 / 9.2 / 6.1

Biography - Janet Gaymer CBE

Janet Gaymer was appointed as Commissioner for Public Appointments in England and Wales, in January 2006, and is also a Civil Service Commissioner. She was Senior Partner of the City based international law firm, Simmons & Simmons from 2001 until 2006. After reading Jurisprudence at Oxford, she joined Simmons & Simmons in 1971. She was admitted as a solicitor in 1973 and became a partner in 1977. She holds a Master of Laws degree from London University.

She has chaired:

  • the Law Society’s Committee on Employment Law; and
  • the Employment Law Sub-Committee of the City of London Solicitors Company.

She has been the Founder Chairman of:

  • the UK Employment Lawyers Association (and continues as Life Vice President of the Association);
  • the European Employment Lawyers Association (and continues as Honorary Chairman); and
  • the St Hilda&rsquos College Law Network.

With effect from 1 May 1995 she was appointed to the Council of the Advisory Conciliation and Arbitration Service, and was re-appointed to the Council for a second term in May 1998. She stepped down from the Council of ACAS in April 2001. Between 2001 and 2006, she was an independent member of the Steering Board of the Employment Tribunals Service. In October 2001 she was appointed chair of the Employment Tribunal System Taskforce. The Taskforce delivered its report, “Moving Forward”, in July 2002. She was re-appointed Chair of the reconstituted Taskforce in 2003 and fulfilled this role until 2006.

She is a member of the Council of “Justice” and previously sat on its Executive Board. She sat on the “Justice” Committee which reviewed and made proposals for the reform of the procedures, jurisdiction, constitution and expertise of the industrial tribunals and the Employment Appeal Tribunal (report published 1987).

She is a member of the Editorial Advisory Board of Sweet & Maxwell’s Encyclopaedia of Employment Law and of “Human Resources” magazine.

She has twice been voted the “Experts’ Expert” in a survey undertaken by “Legal Business”. In April 1997 she received “The Times” Woman of Achievement in the Law Award. In June 1997 she was designated one of the “One Hundred Lawyers of Influence” by “The Lawyer” magazine. In 1998 she was the winner of the Partner of the Year Award in the annual Lawyer: HIFAL Awards. In 2004, she was named one of the 50 Most Powerful Women in Britain by “Management Today”; and in 2006 one of the 100 individuals of influence in “Human Resources” magazine.

She is an Honorary Fellow of St Hilda’s College, Oxford, and of the Society for Advanced Legal Studies and a Fellow of the Royal Society of Arts. She is the author of “The Employment Relationship”, published by Sweet & Maxwell in 2001. In 2004 she was awarded an honorary Doctorate of Laws by Nottingham University; and in 2006 an honorary Doctorate by the University of Surrey.

She is a member of the Chartered Institute of Arbitrators, a Patron of the Association of Women Solicitors and was the founder UK representative of the European Women Lawyers Association. She is a member of the board of International Women of Excellence.

In 1999, she became a Governor of and is now a member of the Board of the Royal Shakespeare Company.

In 2004 she was awarded a CBE in respect of her work as Chair of the Employment Tribunal System Taskforce and services to employment law.

She is married to another solicitor and has two children.

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