Title: Social Capital, Partnership, Regulation Building the Future of the Community
1Social Capital, Partnership, Regulation
Building the Future of the Community Voluntary
Sector in Ireland23rd May 2006, Croke
Park9.30-5pm
Slides as presented at The Wheels annual
conference
For further information please contact Ivan
Cooper, Director of Advocacy at The Wheel.
2The Wheels Conference 2006
Welcome and Introductions
Deirdre Garvey Chief Executive Officer, The Wheel
3Opening Address
Dermot McCarthy Secretary General, Department of
the Taoiseach
4Session 1 The State of the Sector
5The Role of the Sector in Delivering Public
Services
6NESC Strategy Reports
Origin
Process
Partnership
2006 report
7NESC Strategy Reports
economic, social and political crisis in
1980s NESC agreed A Strategy for Development in
1986 partnership agreement 1987 6 NESC
Strategy reports partnership programmes
Origin
Process
Partnership
2006 report
8NESC Strategy Reports
Council analysis of economic and social trends
and emerging challenges seeks shared
understanding of key economic and social
mechanisms includes CV since late 1990s
Origin
Process
Partnership
Partnership
9NESC Strategy Reports
- Three dimensions
- Bargaining and deal making
- Solidarity inclusiveness
- Deliberation, interaction, problem solving and
shared understanding
Origin
Process
Partnership
2006 report
10NESC Strategy Reports
A revised understanding of the relation between
the economy and society in Ireland Draws on NESC
report The Developmental Welfare State (2005) -
DWS Analyses challenges for policy making,
implementation and partnership
Origin
Process
Partnership
2006 report
11Beyond economic constraints and social
possibilities
The long-term strength of the economy now depends
on effective social policy
Social policies must share responsibility for
economic performance and participation
12The DWS report re-described
Economy/society
Social deficits
Employment and income trends
Causation
13The DWS report re-described
Development of a dynamic economy has inherent
social implications that can serve social justice
and a more equal society Better social
protection is integral to sustaining dynamism,
flexibility and participation in the economy
Economy/society
Social deficits
Employment and income trends
Causation
14The DWS report re-described
1. A significant minority experience multiple
disadvantages and present policies are not
adequate 2. Many at work need access to services
to retain lifetime employability and
participation 3. Provision for people in need
of care does not accord with our new values and
standards
Economy/society
Social deficits
Employment and income trends
Causation
15The DWS report re-described
Economy/society
Employment creation across the skill spectrum
co-exists with high benefit dependency a
changing composition of poverty and increased
incomes
Social deficits
Employment and income trends
Causation
16The DWS report re-described
Our social vulnerabilities derive from the
legacy of the past the economic context the
challenge of quality services for complex,
changing, needs So no comprehensive doctrine
explains them or guides action
Economy/society
Social deficits
Employment achievement
Causation
17The Welfare State
Has three elements How well do they address
social disadvantage? support participation and
innovation? identify and tackle un-met needs?
Services
Income supports
Pro-active/innovative measure
18Developmental Welfare State
A way of reforming each of these three elements
and linking them suited to Irelands
particular economic and social situation
Services
Income supports
Innovative measures
19Developmental Welfare State
A radical development of services is the most
important route to improving social
protection It has a triple logic both social
and economic
Services
Education Health Childcare Eldercare Housing Trans
port Training Employment services
Income supports
Innovative measures
20Developmental Welfare State
Revise systems that embody low expectations to
create participation packages with capped tax
breaks
Services
Income supports
Innovative measures
21Developmental Welfare State
The RD of the system novel approaches by
communities/groups addressing new needs
experimental partnerships evaluation
mainstreaming
Services
Income supports
Innovative measures
22A Ten Year Framework
Life-cycle approach
Leadership
Agencies units
Partner engagement
23A Ten Year Framework
Life-cycle approach
Leadership
Agencies units
Partner engagement
24A Ten Year Framework
Whole-of-government commitment can ensure
universal access confer leadership on key
agencies in each area validate a DWS test
for numerous small decisions
Life-cycle approach
Leadership
Agencies units
Partner engagement
25A Ten Year Framework
Social agencies have received less attention than
our developmental state Recast agencies in
networks that undertake delivery, outreach and
analysis in a problem solving way Outcomes are
co-produced
Life-cycle approach
Leadership
Agencies units
Partner engagement
26A Ten Year Framework
Need more formal definition of government-voluntar
y relationships partnership too vague
accountable autonomy learning from individual
organisations, sector-level and national-level
relationships
Life-cycle approach
Leadership
Agencies units
Partner engagement
27Thank you
28Progressing the Sectors agenda through Social
Partnership
Sean Healy Director, CORI Justice Commission
29Social Partnership in Ireland
- Present format emerged in the late 1980s
- Government and sectors coming together to address
dire economic and social situation - Six national agreements
30C V Pillar
- Argument for inclusion of sector from the
beginning - Consultation in 1990 and 1993
- Pillar established in 1996
- Eight members
- 2003 6 signed agreement, nine added (including
The Wheel).
31Social Partnership Process
- Consultation, negotiation and bargaining
- Shared understanding of key mechanisms and
relationships - Government plays unique role Democratic
accountability - Interdependence between participants
- A problem-solving approach
- Involves trade-offs between and within
- Different participants on different agendas
32Key issues for CV Pillar in current negotiations
General
- Poverty, inequality, social exclusion
- Infrastructure - physical and social
- Social provision
- Participation civil society etc.
- CV sector
33Specific issues addressed in current negotiations
- Include
- Resources, taxation, equality, justice, income
adequacy, poverty, caring and carers, education,
employment, unemployment, work, health,
housing/accommodation, migration, transport,
social inclusion, ICT, rural, regional, children,
older people, disabilities, personal autonomy,
Travellers, migration, refugees and asylum
seekers, data, cv sector, civil society, NDP,
NSS, NAP/incl, National Reform Programme etc.
etc. etc. etc.
34Key issues for CV Pillar in new agreement?????
- 10-year framework
- 2 or 3-year specifics co-terminus with pay
agreement - Revision after 2/3 years
- Infrastructure and social provision
- Life-cycle approach
- Children, adults 18-64, older people 65,
disabilities. - Focus on outcomes
- Institutional challenges
- CV sector
35Social Partnership Limits
- Has a limited capacity - only so much can be done
at any one time. - Not the only game in town
- Government still has the final call on what is
done or resourced etc. - Does not address all issues on any social
partners agenda - Requires compromise
36Social Partnership Opportunities
- It is the main policy-development arena in
Ireland - All issues can be raised (though not all will be
taken up) - Access to huge volumes of information etc.
- Agreements are honoured (for the most part)
37Social Partnership Challenges
- To get issues on the agenda
- To work in dialogue with other participants
- To be capable of playing a competent role in the
process - Research and development
- Producing credible positions
- Focus on long-term vision
38Social Partnership Implications
- Professional approach
- Resources - people, cash, time, etc.
- Strategy
- Working out how to maximise outcomes
- Each member continues to pursue agendas in other
arenas - Commitment to social partnership
39Thank you
40The State and the Sector working in Partnership
- a perspective from the Dept. of Community,
Rural and Gaeltacht Affairs
Gerry Kearney Secretary General, Department of
Community, Rural and Gaeltacht Affairs
411. Context
- Post-Sustaining Progress Discussions
- White Paper on Supporting Voluntary Activity
current review - Task Force on Active Citizenship
- Volunteering
422. CV Activities
- Service Provision
- Resourcing
- Advocacy
- Centralised Supports
433. White Paper Principles
- Active Citizenship
- Resource Allocation and Equality of Opportunity
- Helping people to participate in issues which
affect them - Respect for individual freedom in the pursuit of
social goals - Autonomy of Community and Voluntary groups
- Promoting and Strengthening Social Dialogue
444. Interfaces
- Pillar within social partnership
- NESC and NESF
- IAG
- Ministerial and Oireachtas
- Public bodies
455. Concerns
- Funding and supports
- Structures
- Recognition
- Advocacy
- Research
- Volunteering
466. Areas of Progress
- Charities Bill
- White Paper funding schemes
- New Schemes
- Volunteering Initiatives
477. Recurring Themes
- On the Ground V Central Groups
- Services and Advocacy
- Accountability and Delivery
- Governance responsibilities and Voluntary
Activity - Training
- Policy
488. Some Issues Going forward
- a) Funding and Outcomes
- b) Structural issues
- c) Recognition for Volunteers
- d) Regulation
- e) Private Sector Support
499. Why do people Volunteer?
- To share skills
- To get to know a new group
- To help others
- To keep busy and feel needed
5010. Why Stop?
- Underutilised
- Physical environment
- Atmosphere impersonal, tense or cold
- Suggestions not acted on, or acknowledged
- Lack of connection between one days
- work and another
5111. Conclusion
- CV Sector and the Public Good
- Volunteering and Citizenship
- Building confidence
- Diversity as a strength
52Thank you
53QA session
54Tea/Coffee
55Session 2 Engaging Citizens in Communitites
56Active Citizenship What is it really about?
Mary Davis Chief Executive Officer, Special
Olympics Ireland (recently appointed Chair of
Task Force on Active Citizenship)
57Engaging volunteers- Different perspectives1) Fro
m a Rural Perspective
Seamus Boland Chief Executive Officer, Irish
Rural Link
58Why Volunteer?
- One generation plants the trees the next gets
the shade. (Chinese Proverb) - This is the duty of our generation as we enter
the twenty-first century -- solidarity with the
weak, the persecuted, the lonely, the sick, and
those in despair. It is expressed by the desire
to give a noble and humanizing meaning to a
community in which all members will define
themselves not by their own identity but by that
of others - (Elie Wiesel Holocaust survivor)
59Active Citizenship
- Most religions tell us to honour a god and love
and respect for each other. - Most nations tell us to pay due honour to our own
nation. - For some this means being prepared to die for
your country. - For others the concept of citizenship is also the
exclusion of different cultures, religions,
ethnic identities.
60Irish Context
- Meitheal (neighbours working together
- Provision of facilities e.g. water, electricity,
local community centre, tidy towns. - Social activities
- Sports
- Political.
61Community Identity
- Identified by its parish boundary or by its GAA
identity - Communities usually stabilised in economic terms
by a healthy agriculture or a strong local
industry. - Commuter belt.
62Volunteer Activities
- Community alert, tidy towns groups, community
development groups, heritage/ historical,
enterprise, Travellers, Young people, womens
groups, social care, education, Active
retirement, leader programmes, local partnership,
Employment schemes, social economy, and more..
63Participation
- Participation is the process through which
stakeholders influence and share control over
priority setting, policy-making, resource
allocations and access to public goods and
services. - There is no blueprint for participation because
it plays a role in many different contexts,
different projects and for different purposes
64The act of Volunteering
- Was asked
- As a result of being the beneficiary i.e. sports,
arts and so on - By association i.e. sake of the children, someone
with a particular illness,. - Save the world i.e. eco warriors, third world,
peace, ..
65The act of Volunteering
- See a need in the local area
- To do charitable acts
- For less than noble reasons i.e concerned about
the value of property in your area or - Influx of new residents.
- Security of your own area, i.e. community alert.
66Learning how.
- By osmosis.
- Early involvement in youth organisations with a
leadership training tradition i.e. Macra Na
Feirme, Youth Federation, Foroige, ICA. - From existing volunteers
67Volunteer management training
- Training for participation was until recent times
ad hoc, and provided mainly by Macra Na Feirme,
and Muintir Na Tire. - In the nineties training came through a number of
FAS programmes. - Later the Partnerships and Leader would provide
training, as well as the above. - The decline in FAS employment programmes
- is likely to diminish the resources necessary
- to provide this training.
68Volunteer recruitment issues
- Declining numbers involved in active citizenship
is becoming more prevalent because - Busy lifestyle
- Lack of daily interaction in communities
- Commuting longer distances to work.
- Regulation Regulation Regulation
69Volunteering issues
- Report on Dublin City Development Board
01(Stephen O Rourke ) - Declining volunteers
- Older participants predominant and not replaced
after retirement - Scarcity of young people becoming involved.
- Attractiveness of community based activity.
70Social Capital
- Robert Putnam describes it as the collective
value of all "social networks" who people know
and the inclinations that arise from these
networks to do things for each other "norms of
reciprocity". - to do things for each other
71Emerging Trends/Challenges
- Decline in Volunteers
- Dependence on paid staff.
- Changed living patterns e.g. more working,
commuting long distance, less evening time
available to participate. - Increased regulation e.g. insurance, safety,
legal incorporation. - Needs of community increased.
- Changing values.
72Emerging Trends/Challenges
- Challenge to develop models that recognise these
time difficulties faced by people in modern day
life. - Attraction of young people to participate.
- Ongoing need for training.
- Meeting the increased regulatory obligations
(RESOURCES) - Role of the county Forum, in terms of networking
and sharing information. - Greater use of communication technology within
communities e.g. the development of - interactive community websites
73Solutions
- Special initiatives that attract young people to
participate in their community. - Programmes that target the wider community, such
as information points based in local meeting
points e.g. shops, local post offices, churches. - Availability of training courses at various
levels such as running meetings, keeping
accounts, fund raising events. - Using mainstream media to publicise these
courses. - Development of short term volunteer contracts or
agreements. (The main fear for potential - volunteers is that they sign up for life)
74Solutions
- The holding of a community week in September of
every year. - Involvement of employers and
- A clear recognition by Government and the general
community of those who do volunteer.
75Finally..
- Whether rural or urban we are all identified by
the type of community in which we live.
76Thank you
77 Engaging volunteers- Different
perspectives2) From a Human Rights Perspective
Noeleen Hartigan National Campaigns Manager,
Simon Communities of Ireland
78Active Citizenship?
79Citizenship rights encompass not only the core
civil and political rights and obligations but
also social, economic and cultural rights and
obligations that underpin equality of
opportunity and policies on access to
education, employment, health, housing and
social services.
80 Active Citizenship
81Valuing Volunteers
82Citizenship rights encompass not only the core
civil and political rights and obligations but
also social, economic and cultural rights and
obligations that underpin equality of
opportunity and policies on access to
education, employment, health, housing and
social services.
83Thank you
84Roundtable discussion followed by panel QA
session
85LUNCH
86Session 3 The New Legal and Regulatory Framework
for Charities
87The legislative process explained, what the
proposed legislation looks like
Gerry Bohan Partner, Landwell Solicitors
88The New Legal and Regulatory Framework for
Charities
- What is the legislative process and timing
- Where does the General Scheme fit in the process
- What does the General Scheme address
- The devil is in the detail or not!
- Key messages
89Legislative Process
- Introduction to the Dail of the actual Bill
- General Debate on the principles of the Bill
- Committee stage the key stage - Bill examined
in detail submissions can be made - Report Stage amendments to Bill
- Debate Stage
- confined to contents of Bill
90Legislative Process (contd..)
- and then to the Senate
- Passed by both Dail and Senate and signed by
President - Commencement orders
- Timing?
91Where does the General Scheme fit?
- It doesnt
- General Scheme to AGs office to draft Bill
- Comments/Submissions to Dept who may pass on to
AGs office - www.pobail.ie/en/Charities Regulation/Heads of
Bill/ - Ivan Cooper,
- Director of Advocacy at The Wheel
92The General Scheme whats it all about?
- Long history of reports identifying need for
specific regulation of charities. - 300 pages all is changed.
- Separate to Revenue Commissioners list.
- Broadly speaking you must register as a charity
with the new Charities Regulator and be compliant
with the Bill if you wish to describe your
organisation as a charity and you can only
register if you satisfy certain conditions. - You can only fundraise in Ireland if you are
registered. - In addition a range of other requirements will
affect - your ongoing entitlement to be maintained on the
- register.
93Highlights for the General Scheme
- Statutory definition of charitable purposes
- New Charities Regulator
- Register of Charities
- Regulation of charitable fund raising
- Annual returns
- Legal form for charities
94Highlights for the General Scheme (contd...)
- Proportionality
- Charities Appeal Board
- Consultative Panels
- Charities and Trustees/Directors
- Transfer of Commissioners functions to the
Charities Register
95The devil is in the detail or not!
- Advocacy?
- Definition of religion?
- Proportionality?
- Annual Reporting (financial activity)
- - exemptions?
- - form and content?
96The devil is in the detail or not! (contd..)
- Support, resources and funding?
- Level of sanctions?
- How will companies avoid dual financial reporting?
97Key Messages
- Familiarise yourself and brief your board
colleagues - For some organisations significant challenges
- - Management skills
- - Structure
- - Cultural readiness
- - Corporate Governance
98Thank you
99 The Wider Legislative Environment the
Community and Voluntary Sector in Ireland
The Voice of the Community Voluntary Sector
Slowly Being Stifled?
Fergus Finlay Chief Executive, Barnardos
100The role of the charities regulator Learnings
from another jurisdiction
Martin Sime Chief Executive, Scottish Council for
Voluntary Organisations (SCVO), Scotland
101 Q A session
102Tea/Coffee
103Session 4 Preparing for the Future
104 Corporate Governance for the Community
Voluntary Sector in the Changing Legislative
Environment
Niamh Brennan Michael McCormac Professor of
Management, University College Dublin
105IoD Centre for Corporate Governance at
UCD (www.corporategovernance.ie)
- Established February 2002
- 5050 joint venture IoD and UCD
- Training for company directors
- Director Development Programme 10 half day
courses on various aspects of corporate
governance - In-house, customised courses for individual
company boards - Diploma in Corporate Governance
- Promote research in corporate governance
106Experiences as a Non-Executive Director
Private Sector
- Lifetime Assurance, Bank of Irelands life
assurance subsidiary (incl. audit committee) - Ulster Bank (incl. audit committee)
- Co-Operation Ireland (incl. Chairman of audit
committee)
Public Sector / Semi State
- Coillte Teo, State Forestry Company
- Health Service Executive (incl. Chairman of audit
committee)
Audit committee
- University College Dublin (First chairman)
- Department of Agriculture and Food
107Overview
- Charities Regulation Bill 2006
- Introduction to governance
- Code of governance
- Role of the board
- Role of management versus role of the board
- Composition of the board
- Chairman
- Board subcommittees
108Charities Regulation Bill 2006
Key elements relevant to governance
- Maintain accounting records for six years
- Annual statement of accounts (subject to
exemptions) - Annual audit (subject to exemptions)
- Annual report within 10 months
- Annual report to address Aims, Strategy,
Objectives, Achievements, Income, Expenditure,
Governance - Principles of transparency, accountability and
good governance to be adopted in annual report - Public inspection of annual report
- False or misleading statements an offence
109Introduction to Governance
- What is corporate governance?
- System by which companies are directed and
controlled (Cadbury Report) - a set of relationships between a companys
board, its shareholders and other stakeholders.
It also provides the structure through which the
objectives of the company are set, and the means
of attaining those objectives, and monitoring
performance, are determined. (OECD, 1999) - Gubernare To steer He that governs sits quietly
at the stern and scarce is seen to stir (Cicero,
De Senectute)
110Introduction to Governance
Key elements
- Code of governance
- Role of board of directors
- Role of management versus role of board
- Composition of the board
- Chairman
- Board committees
111Code of Governance
Key elements
- Framework
- Board terms of reference
- Audit committee terms of reference
- Internal audit function
- Code of standards and behaviour
- Good faith reporting
- Fraud
- Risk management
- Procurement
- Customer service charter and customer
- complaints procedure
112Role of board
Three key roles
- Strategy influencing and monitoring
implementation
Can you list the key strategic objectives of the
business of which you are director?
- Control over management
- Service Advice and counsel to executives, access
to scarce resources
113Role of board
- Encourage a spirit of enterprise
- Strategy and business formulation
- Formulate/set overall strategic direction
- Ensure strategy is carried out at managerial and
operational level - Review strategic direction of company
- Focus more with organisation as a whole at board
level
Does your board or does management drive strategy?
114Role of board
- Bring an independent view
- Accountability functions
- Financial probity
- Monitoring and control
- Clear lines of communication throughout the
organisation - Challenge prevailing culture
115Role of board
- Tone at the top governance, ethics, behaviour
- Purpose, vision, values
- Strategy and plans
- Top management hire fire, retain motivate,
performance, succession - Performance and results
- Corporate responsibility
116Qualities of non-executive directors
- Relationship with top management
- Hold to account
- Require delivery on roles and responsibilities
- Encourage, support, motivate
- Constructive challenge
117Qualities of non-executive directors
- Relationship with top management
- Interfere in day-to-day management
- Undermine management structure
The boards role is to govern and not to manage
noses in, fingers out !
118The right structure
- The right people - experience, wisdom,
independence - Non-executive majority ? A strong proportion of
genuinely independent NEDs, will add value by
bringing to the table different perspectives and
experiences - Must have right blend of skills
- All engineers
- All accountants No vision
- All marketeers Too much vision
119Board must be clean
- Individual responsibility
- Codes of practice and behaviour
- Duty of confidentiality
- Conflicts of interest declarations
120Chairman
- Good chairman skills, experience
- Separate chairman and CEO
- Good support company secretary
121Board sub-committees
Audit sub-committee
- Financial expertise essential
- Independent
- Meet regularly
- Meet external auditors in absence of management
- Internal audit function
Nomination sub-committee
Remuneration sub-committee
- Sets clear goals and targets (congruent with
strategy and objectives) - Appraise performance against set goals and targets
122Thank you
123 Good Governance in Practice Working with a Board
Brian OGorman Chief Executive, Cluid Housing
Association
124Clúid Housing Association in context
Board Membership of Clúid Housing Association
Meeting Structure Role of Board Role of
Staff Information / Decision
125(No Transcript)
126(No Transcript)
127The Board Over Time
Changing Membership reflecting stage of
Development Board Members Motivation for
involvement Qualities of good board members
Representation Role of Board Officers
128Recruiting and retaining Board Members
Audit of Skills / Reviewing membership
Recruitment / Selection Induction
familiarisation Retirement and terms of office
Board members who dont work out
129Working with Boards
Tools for working with Boards Engaging with
Board members Servicing Boards Building Trust
Retaining Membership Conduct of meetings
130Future of Board Membership
Changing Role Increased levels of responsibility
Training for Board members Support for Board
Members Paying Board members
131Thank you
132Q A Session
133Consultation Exercise - Good Practice Guide for
Community and Voluntary Organisations
Hannah Perrin Support Services Manager, The Wheel
134Address from the CEO
Deirdre Garvey Chief Executive Officer, The Wheel
135Close of Conference Thank you