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Evidence to the Richard Commission by the Permanent Secretary of The National Assembly for Wales

1. From the perspective of the Civil Service, it is hard to overestimate the scale of the change that the transition from Welsh Office to National Assembly represents. In 1999, the Welsh Office was a relatively small Government Department headed by a Secretary of State and two Ministers who operated largely out of Whitehall and supported by nearly two and a half thousand Civil Servants. Its main task was to implement the policies of the UK government within Wales rather than to develop and implement policy initiatives of its own.

2. On 1 July 1999 the Welsh Office ceased to exist. At that point, virtually all the powers vested in the Secretary of State for Wales were transferred to the National Assembly and delegated to the First Minister. From then on most of the Assembly’s Civil Servants were serving nine Cardiff-based Ministers and helping to devise and deliver an increasingly Wales-driven agenda rather than a largely Whitehall one. We were also having to learn how to make the untried and untested model of the Assembly, which combines in one corporate body both a Parliament/legislature and an executive, work effectively. That meant that inevitably the first few years of the Assembly’s life was a period in which we were focused on defining our new roles and responsibilities and "tuning in" to this new democratic institution which was evolving very rapidly around us.

3. It is not my intention in this evidence to dwell upon the nature of the institutional evolution that has taken place. Instead I want to set out as briefly as I can some of the key changes that have taken place in the Assembly’s Civil Service:

  • Its size and structure.
  • The recruitment process.
  • The changing culture.

4. And finally, because I have been asked to, I shall address the question of whether I think the Civil Service could cope with the further substantial change which could result from, for example, a decision to give the Assembly primary legislative powers. In all of what I have to say, however, it is important to retain an understanding of the scale and nature of the change that we have already experienced and to which in many ways we have contributed.

Staff Numbers

5. The Welsh Office started to reorganise itself to prepare for the Assembly in about October 1998. At that time, it employed (in terms of full time equivalents) around 2,300 civil servants. The total number of civil servants in the Assembly on the same basis is currently around 3,800. So in round terms the number of civil service jobs has increased by about 1,500 or 63%.

6. The four main elements of this growth are summarised in the table below.

Table 1: Change in Staff Numbers (Full Time Equivalents) from October 1998 to October 2002

 

Net Staff

New Tasks*

Presiding Office

Additional bodies

Total

Oct 1998

2295

0

0

0

2295

Oct 2002

2617

324

229

582

3752

Increase

322 (14%)

     

1457 (63%)

* This represents the net increase in staff associated with significant new areas of work generated by the arrival of the Assembly such as Private Office support for Ministers, management of European funding, overseas trade functions, expanded legal support, and policy areas including community regeneration, culture, young people, and also the Central Policy Unit.
7. In terms of overall staff numbers, the main bodies to have merged with the Welsh Office/Assembly over this period are Tai Cymru, (65 staff), the Welsh Health Common Services Agency (67 staff), Health Promotion Wales (68 staff), the Farming and Rural Conservation Agency (100 staff), and most recently the Care Standards Inspectorate for Wales (204 staff) (see Annex 1). It should be noted that this latter body is exercising regulatory functions with associated criminal sanctions.

8. The process of merging organisations into the Assembly is continuing apace. By April 2003 we shall have incorporated the Rent Officer Service (57 staff) and, as a result of the restructuring of the NHS, certain functions currently exercised by the Health Authorities (approximately 40 staff). The Council of Museums will have been incorporated by April 2004 (10 staff).

9. In general terms, the baseload of staff in pre-existing policy areas has increased by some 14% to take account of the additional administrative work created by the Assembly. Annex 2 provides some illustrations of the nature of the associated workload increases. As indicated in table 1 a similar increase in numbers of staff has occurred because of the development of new policy initiatives and the expansion of some existing areas of work considerably beyond the levels found in the Welsh Office. For example, Wales Trade International now employs 73 as compared with 33 spread between the Welsh Office and the WDA in 1999, and the Wales European Funding Office, the Assembly’s new in-house agency responsible for managing structural funds, employs some 200. On top of all this we are also continuing to employ several hundred agency and casual staff, some of whose posts will be converted into substantive civil service posts in the years to come.

Staff Structure

10. At the time the Assembly was established, I was determined not to undertake a major restructuring of the office. With so much change taking place, I considered it important to maintain as much stability as I could. And given the extent of the uncertainty about how the Assembly itself might evolve in terms of the way it exercised its functions, I did not consider it sensible to make the official structure of the Assembly symmetrical from the outset with the Cabinet portfolios.

11. My guiding principle, therefore, was to maintain as much consistency and continuity as I could at the very top of the organisation. The difference in weight in the various Cabinet portfolios in any case argued against creating separate Departments. The Health and Social Services portfolio, for example, is supported by three Departments – the NHS Wales Department, the Office of the Chief Medical Officer, and the Social Policy Department. The Finance and Communities Minister is supported by the Finance Group and the Local Government, Housing and Culture Department – part of which, therefore, serves the Culture Minister.

12. In practice, this asymmetry has – from my perspective – worked pretty well. I have made a number of fairly marginal changes to structure to take account of changes in priority (and thus workload) and political circumstances. Eight new policy Divisions have been created. The growing intensity of the Education workload meant that it was no longer sensible to retain the Culture Divisions in this Department, so they were switched to the Local Government and Housing Department. And I have sought to be very flexible in responding to particular Ministers’ wishes to have free-standing Directorates reporting more or less directly to them rather than through Departmental heads. The Housing and Communities Directorates have been examples of this. The present structure is illustrated in Annex 3.

13. I have also considered it very important to maintain and enhance the policy experience that exists at the top of the office. Fine tuning aside, I have replaced only two policy Department heads since the Assembly was established. This means that most of the Department heads have at least three years experience in their present jobs and some have much more. The main exception is the Director of the NHS, who joined the Assembly through an external recruitment nearly two years ago. But she is someone who has spent her whole career as an NHS Manager.

14. I have similarly maintained continuity of employment at the crucial Head of Division level as well. Of the current 48 Heads of Division in policy areas, 24 served as Heads of Division in the Welsh Office, 8 arrived with organisations merging with the Assembly, 8 were promoted from within the Assembly, 4 were recruited from outside, and 4 are secondees.

15. One consequence of this stability at the top is that the Assembly now has a much greater policy knowledge and capacity than existed in the Welsh Office. This - coupled with the existence of the Strategic Policy Unit, the presence of Special Advisers actively involved in policy issues, the establishment of a new Research and Development Group, and our growing experience of partnership working - means that, in my judgement, it is no longer true to say that the Assembly does not have the capacity to develop distinctive policies attuned to the needs of Wales. There are further improvements that need to be made, especially in terms of building stronger relationships with our higher education institutions. But the string of policy initiatives that have emerged from the Assembly over the last two years, together with important and innovative documents such as "The Learning Country" and our growing reputation as a world leader on sustainable development demonstrate how far and how fast the Assembly’s policy capacity has developed.

16. In contrast to the stability at the top, there has been very substantial turbulence below. Given the large number of vacancies which have arisen as a result of the growth in staff numbers following the establishment of the Assembly, staff have had an enormous incentive to move around to broaden their experience or to achieve advancement. There has also been an unprecedented level of external recruitment in addition to promotion and lateral transfer.

17. Whilst unavoidable, this turbulence has been a source of some concern to Ministers and has meant that at the lower levels in the Assembly we have been operating with many staff who have comparatively little experience of the policy area in which they are working, and in many cases of the Assembly Civil Service itself. On the other hand, the quality of new staff that the Assembly has attracted is very high and they bring with them a wide range of valuable new skills and experience from which the Assembly will benefit increasingly in years to come.

18. As the Assembly achieves greater maturity and stability, I expect the amount of movement between posts to diminish considerably. It is very clear to me that the Assembly Government and the Presiding Office will require an increasingly specialised workforce. This means that virtually all staff will have an incentive to follow a career path within the Assembly which enables them to build and trade upon a fairly specialised and in-depth knowledge of a particular subject or area of expertise.

Recruitment

19. We are currently undertaking a major reform of our recruitment and staff advancement arrangements. If the Assembly is to respond effectively to the needs and aspirations of Wales it needs a workforce that reflects the diversity of its communities. To this end I am committed to opening up job opportunities in the National Assembly to a much broader range of recruits, for instance from among ethnic minority communities, than have hitherto been attracted to work for us. And I want to ensure that our employment and recruitment practices meet our obligation under the Government of Wales Act to have regard to equality of opportunity in the exercise of our functions.

20. Work is therefore under way, in consultation with Trade Union Side and the Equality of Opportunity Committee (which is taking a keen interest), to develop a process of recruitment which opens up job opportunities to external recruits as well as existing staff. The detail has yet to be finalised, but I wish to see this new policy in place from 1 April 2003. In doing so I shall want to be sure that the interests of our existing employees are balanced with those wishing to join us, and that we develop and bring on our talent as well as bringing it in.

21. It is important also to understand that the market from which the Assembly recruits is largely a Welsh one. It is a feature of the Assembly – and the Welsh Office before it – that although we are successful in attracting good quality people back to Wales, comparatively few people who work for us have much of a desire to move out of Wales, or who see their future careers as taking them to Whitehall. Partly for this reason comparatively few people have an appetite for taking on secondments or short term appointments in Whitehall. Amongst other things, this means that our stock of people with recent first hand experience of working for the UK Government is eroding rapidly.

22. One consequence of this is that the Assembly is in danger of offering too narrow a career path for aspiring Civil Servants. To counteract this, and to help promote a healthy infusion of new experience and new blood into the Assembly on a regular basis, I am currently giving leadership to what is being described as our "public service management initiative". This will seek to build on the fact that the Assembly is very largely drawing upon a Welsh labour market. If successful it will involve the establishment of common leadership and management training for staff working in all parts of the public sector in Wales – the Assembly civil service, the National Health Service, Local Authorities, Sponsored Bodies, and other Civil Service Departments. This should mean that over time Wales will develop its own cadre of public servants with experience in and understanding of different parts of the public sector in Wales. They should also have an established network of contacts in different parts of the Welsh public sector. This, coupled with the policy on open recruitment, should mean that there will increasingly be a common set of values and experiences amongst staff in the Welsh public sector. This in turn should help to reduce the frictions that currently exist within the policy "delivery chain", and at the same time broaden and enhance the career opportunities for those people wishing to pursue a public sector career in Wales.

Culture

23. Making the Assembly work effectively is not simply about having the right number of staff, or even having the right staff in the right posts. The key requirement is to create a fully motivated workforce who understand the powers and responsibilities of the Assembly, how these are exercised, and therefore how each of us can best contribute to the Assembly’s success. In addition, any organisation that is to be successful must have staff who feel valued, know that they are encouraged to contribute to its development and improvement, are listened to, and helped to develop.

24. At the same time as the Assembly was created, the Civil Service was beginning its own process of reform which was born largely out of a recognition that it needed urgently to modernise itself. With the establishment of the Assembly, I faced the challenge of putting in place our own modernisation programme whilst at the same time developing a culture within the Assembly which best suited the Assembly’s needs. The scale of this challenge is illustrated by the fact that the Assembly at this time was fast becoming a "melting pot" comprising a combination of transferred employees from the Welsh Office, totally new recruits, and the employees of the ten different organisations (or parts of organisations) which have merged with the Assembly/Welsh Office since 1999. Many of the staff in these latter two groups, it is worth noting, probably regard themselves primarily as Assembly officials and not Civil Servants at all. Currently the breakdown between these various groups is approximately: ex Welsh Office 60%, new recruits 25%, former employees of merged organisations 15%.

25. The other unique aspect of the challenge which I have faced is that the Assembly continues to be an organisation which is in a constant state of development, and in which boundaries are continually shifting. As a result, it is not yet fully clear precisely what the nature of the organisation is that we are here to serve, and thus how our roles and responsibilities should be defined. One illustration of this is the way in which the Presiding Office has established a near total separation from the rest of the Assembly, and the adjustments that have had to be made to our ways of working to accommodate this. Another is the particular problem that I face as the Assembly’s statutory head of paid service in exercising my responsibilities for an institution which in many respects has divided itself into two.

26. To promote this process of cultural change and development, I established early in 2000 my own modernisation programme under the strapline Delivering Better Government. A large number of changes, innovations and initiatives have been achieved under this, and it is still evolving to meet the changing needs of the Assembly. The most important developments which are worth mentioning here are:

  • The establishment of a totally new Executive Board (in October 2001) which comprises all the Assembly’s Departmental Heads. This meets every Tuesday (without the Clerk) in business mode, and monthly (with the Clerk) to progress management issues. Over the past year the Board has been undertaking its own organisational development programme designed to enhance our individual and collective effectiveness as leaders and managers. We have introduced a monthly team brief which is designed to connect all staff much more closely with management decisions and developments. And I am currently poised to appoint two non-executive Directors who will be providing the Board with challenge and much needed ideas and experience from outside the sphere of Government.
  • The use of the EFQM model to diagnose the need for change and then drive its implementation throughout the organisation. All Divisions within the Assembly are now required to use the excellence model to develop their own improvement programmes. And this application of the model throughout the Assembly is also being used by the Executive Board to identify the corporate changes that are needed to improve the performance of and the quality of service provided by the Assembly staff more generally. I have recently created a new Business and Information Management Directorate at the heart of the Assembly which will have the primary task of delivering a portfolio of improvements across the Assembly designed both to improve our performance and reduce overheads. I have also recently announced the establishment of a new board level post of Director of Personnel Services. My intention is to appoint an experienced HR professional who will provide the strategic leadership that we need to complete the next stage in the transformation process.

27. In my judgement the Assembly staff have responded magnificently to the scale and complexity of the changes that have been imposed upon them over the last four years. But it is important that the Commission should have some understanding of the pressures that they are under and the problems that remain. One of the innovations of the Better Government Programme has been the introduction of regular staff attitude surveys. The latest survey is currently in progress. Table 2 below contains some key indicators from the recent surveys.

Table 2: Staff Attitude Survey: December 2001: Key Findings

 

Strongly Agree
%

Agree

%

Disagree

%

Strongly Disagree
%

I know what I am expected to achieve in work

35

59

5

1

I will be able to achieve what is expected of me

28

60

11

1

At work I have the opportunity to do what I am best at every day

16

48

31

6

At work my opinions count

20

60

17

2

In my job I make an important contribution to achieving the Assembly’s objectives

27

59

13

1

Most of the people I work with are committed to doing good quality work

52

44

4

0

I am proud to work for the National Assembly

21

61

15

3

It is easy for staff to communicate their views to senior managers

12

45

36

8

I get my work done within my normal working hours

16

41

29

14

I usually find it possible to balance work and home commitments

19

55

18

6

My earnings are fair considering my duties and responsibilities

6

42

36

16

28. I am making the full results of all the surveys available to the Secretariat.

29. As can be seen, there are a number of very positive things that come out of the surveys. The Assembly is clearly very lucky in having such a committed and well motivated workforce who have a good understanding of where their work fits into the overall objectives of the Assembly. But (as has been confirmed by a more recent occupational health survey) we are experiencing unacceptable levels of stress, an inappropriate long hours culture, and a consequential imbalance between work and family life.

30. Given the scale of change that we have been going through these problems are perhaps not altogether surprising. But I regard them as unacceptable. Finding solutions, particularly in the short term, is not easy. But addressing them represents one of the most important present challenges for the Executive Board.

Could we cope with a further transformation?

31. I am addressing this question because I have been asked to, not because I wish to advocate further constitutional change (which would not be appropriate).

32. My very firm answer has to be "yes". I am supremely proud of the staff of the Assembly. Virtually everyone has performed magnificently over the past four years. The Assembly staff, in many ways, is its greatest asset. And the pride that the vast majority of us have in the Assembly means that there is enormous energy and potential still to draw upon.

33. In my judgement, compared with the changes that have already taken place, the acquisition of further powers, including those of primary legislation, would represent a manageable progression, not a major step change, in terms of the demands that it would make on us.

34. The main impact would be upon Members and the Presiding Office. A "Parliament" would require some additional official support and the question of whether those officials serving it should continue to be civil servants would need to be addressed. Time would have to be found to support the primary legislative process, and this might well mean that there would need to be more sitting days. It would be necessary to create the additional "political capacity" to undertake this new work. It might well, therefore, prove necessary to increase the number of Members, and this in turn would place additional demands on Presiding Office staff.

35. As far as the "Government side" of the Assembly is concerned, the amount of additional work for civil servants created by the addition of primary legislative powers need not be unduly substantial. Policy officials and the Office of the Counsel General already undertake all the work needed to instruct Counsel on Assembly legislation. So the additional work should be confined to the drafting of the primary legislation itself and the additional capacity required to achieve an increased throughput of primary legislation – should that be deemed necessary. If, on the other hand, the acquisition of primary legislative powers resulted in the increase in the number of Members, this would materially increase the "baseload" of work on the Government side of the House – more Questions to answer, correspondence to deal with and so on – all of which is work which carries very significant administrative burdens.

36. My own, very personal, view is that it would be unfortunate if such an ‘Assembly Parliament’ were to focus too intensely on the use of its primary legislative powers. The written and oral evidence from Ministers has illustrated the varying importance which legislation plays as an implementation tool in particular policy areas. One of the remarkable achievements of the Assembly to date has been the development and implementation of distinctive policies, which make imaginative use both of the existing legislative framework and the range of existing delivery mechanisms, to meet the particular needs of Wales. The forensic interest that 60 elected Members attuned to the needs of Wales have applied to the policy process has resulted in a range of innovative initiatives which simply could not have been introduced (at least in terms of their range and originality) under the former Welsh Office arrangements. I confidently predict that if this process continues, in 10 year’s time the Assembly will be seen to have delivered a step change in the quality and relevance of policy making and delivery, as well as of public administration and governance, in Wales.

37. It follows from this that I would hope that the acquisition of primary legislative powers would not ‘squeeze out’ too much of the administrative and policy ingenuity which is a feature of the present Assembly. If that wish is realised, and were the Assembly to settle down to producing, say, no more than 4 or 5 important pieces of primary legislation a year, then it is my judgement that the Assembly Civil Service would, without much further enhancement, have the capacity to cope – not least because we would no longer have to devote time to negotiating with Government Departments on the need for, and then the composition of, particular Bills. In addition, and based upon what it has achieved over the last 4 years, I am in no doubt that we would be able to respond successfully to the further challenge that this would represent.

JON SHORTRIDGE December 2002