New Code of Practice for the Governance of State Bodies
June 2009
On 15 June 2009, the Department of Finance published an updated Code of Practice for the Governance of State Bodies (the Code). The Code, which was last revised in 2001, sets out the governance framework for the internal management, and the internal and external reporting relationships, of commercial and non-commercial State bodies. It reflects changes in legislation and administrative guidelines that have implications for the governance framework of State bodies and the fact that corporate governance best practice in the Irish public and private sectors and internationally has also moved on since 2001.
 
State bodies and their subsidiaries are required to confirm to the relevant Minister that they comply with the up-to-date requirements of the Code. The Code also allows certain requirements to be applied proportionately to smaller bodies. In addition, the Code also recognises that not every public body is constituted in the same manner and accordingly some public bodies will not have a board. In such cases, the relevant body should reach agreement with their parent Department on the extent to which the requirement might be adapted for them.
 
Some of the main changes introduced are as follows:
 
  1. There is a new obligation for a board of the public body (the Board) to consider succession planning for the chief executive and commercial State body Boards must report to the Minister that the business is a going concern with supporting assumptions, as necessary.
  2. The Board must also establish procedures for employees to raise concerns about financial reporting irregularities or other matters.
  3. The Board is also required to keep the performance of individual directors under review.
  4. The Code elaborates on the obligations of Board members and other designated persons in relation to their ethics legislation obligations.
  5. There are new obligations on board members concerning risk management and each State body must develop a risk management policy.
  6. There are significant new responsibilities as regards relations with the Oireachtas and the relevant Minister. ‘Performance Frameworks’ must be developed between the State body and the Department which will define both parties’ expectations, clarify the State body’s role and resources and income parameters.
  7. A new travel policy is included to ensure that State agencies obtain better value for money and find alternatives to traveling where possible.
  8. The threshold for activating the disposal of assets procedures is increased from €70,000 to €150,000.
  9. There are new responsibilities in relation to legal disputes involving other State bodies and where there are such disputes, every effort is to be made to resolve them before incurring legal costs.
  10. In terms of procurement, there is considerable detail given on procedures to be followed.
     
 
Beauchamps can provide assistance to all State bodies who need help in understanding and complying with the new duties, responsibilities and obligations imposed by the new Code. We will also be running a seminar on the implications of the Code in the autumn.
 
To register your interest for this seminar please respond to this email or email m.kirby@beauchamps.ie. You can also call Maree Kirby on 01 418 0600.

 

Beauchamps Solicitors
Riverside Two, Sir John Rogerson's Quay, Dublin 2, Ireland.
t +353 1 418 0600
f +353 1 418 0699
e securemail@beauchamps.ie


Including the business previously carried on by Landwell in Ireland.