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Social Capital, Partnership, Regulation Building the Future of the Community

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Title: Social Capital, Partnership, Regulation Building the Future of the Community


1
Social Capital, Partnership, Regulation
Building the Future of the Community Voluntary
Sector in Ireland 23rd May 2006, Croke
Park 9.30-5pm
Slides as presented at The Wheels annual
conference
For further information please contact Ivan
Cooper, Director of Advocacy at The Wheel.
2
The Wheels Conference 2006
Welcome and Introductions
Deirdre Garvey Chief Executive Officer, The Wheel
3
Opening Address
Dermot McCarthy Secretary General, Department of
the Taoiseach
4
Session 1 The State of the Sector
5
The Role of the Sector in Delivering Public
Services
  • Rory ODonnell
  • Director

6
NESC Strategy Reports
Origin
Process
Partnership
2006 report
7
NESC 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
8
NESC 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
9
NESC Strategy Reports
  • Three dimensions
  • Bargaining and deal making
  • Solidarity inclusiveness
  • Deliberation, interaction, problem solving and
    shared understanding

Origin
Process
Partnership
2006 report
10
NESC 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
11
Beyond 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
12
The DWS report re-described
Economy/society
Social deficits
Employment and income trends
Causation
13
The 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
14
The 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
15
The 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
16
The 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
17
The 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
18
Developmental 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
19
Developmental 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
20
Developmental Welfare State
Revise systems that embody low expectations… to
create participation packages with capped tax
breaks
Services
Income supports
Innovative measures
21
Developmental Welfare State
The RD of the system… novel approaches by
communities/groups addressing new needs
experimental partnerships evaluation
mainstreaming
Services
Income supports
Innovative measures
22
A Ten Year Framework
Life-cycle approach
Leadership
Agencies units
Partner engagement
23
A Ten Year Framework
Life-cycle approach
Leadership
Agencies units
Partner engagement
24
A 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
25
A 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
26
A 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
27
Thank you
28
Progressing the Sectors agenda through Social
Partnership
Sean Healy Director, CORI Justice Commission
29
Social 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

30
C 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).

31
Social 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

32
Key issues for CV Pillar in current negotiations
General
  • Poverty, inequality, social exclusion
  • Infrastructure - physical and social
  • Social provision
  • Participation civil society etc.
  • CV sector

33
Specific 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.

34
Key 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

35
Social 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

36
Social 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)

37
Social 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

38
Social 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

39
Thank you
40
The 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
41
1. Context
  • Post-Sustaining Progress Discussions
  • White Paper on Supporting Voluntary Activity
    current review
  • Task Force on Active Citizenship
  • Volunteering

42
2. CV Activities
  • Service Provision
  • Resourcing
  • Advocacy
  • Centralised Supports

43
3. 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

44
4. Interfaces
  • Pillar within social partnership
  • NESC and NESF
  • IAG
  • Ministerial and Oireachtas
  • Public bodies

45
5. Concerns
  • Funding and supports
  • Structures
  • Recognition
  • Advocacy
  • Research
  • Volunteering

46
6. Areas of Progress
  • Charities Bill
  • White Paper funding schemes
  • New Schemes
  • Volunteering Initiatives

47
7. Recurring Themes
  • On the Ground V Central Groups
  • Services and Advocacy
  • Accountability and Delivery
  • Governance responsibilities and Voluntary
    Activity
  • Training
  • Policy

48
8. Some Issues Going forward
  • a) Funding and Outcomes
  • b) Structural issues
  • c) Recognition for Volunteers
  • d) Regulation
  • e) Private Sector Support

49
9. Why do people Volunteer?
  • To share skills
  • To get to know a new group
  • To help others
  • To keep busy and feel needed

50
10. 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

51
11. Conclusion
  • CV Sector and the Public Good
  • Volunteering and Citizenship
  • Building confidence
  • Diversity as a strength

52
Thank you
53
QA session
54
Tea/Coffee
55
Session 2 Engaging Citizens in Communitites
56
Active Citizenship What is it really about?
Mary Davis Chief Executive Officer, Special
Olympics Ireland (recently appointed Chair of
Task Force on Active Citizenship)
57
Engaging volunteers- Different perspectives 1) Fro
m a Rural Perspective
Seamus Boland Chief Executive Officer, Irish
Rural Link
58
Why 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)

59
Active 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.

60
Irish Context
  • Meitheal (neighbours working together
  • Provision of facilities e.g. water, electricity,
    local community centre, tidy towns.
  • Social activities
  • Sports
  • Political.

61
Community 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.

62
Volunteer 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………..

63
Participation
  • 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

64
The 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, …..

65
The 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.

66
Learning 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

67
Volunteer 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.

68
Volunteer 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

69
Volunteering 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.

70
Social 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

71
Emerging 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.

72
Emerging 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

73
Solutions
  • 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)

74
Solutions
  • 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.

75
Finally……..
  • Whether rural or urban we are all identified by
    the type of community in which we live.

76
Thank you
77
Engaging volunteers- Different
perspectives 2) From a Human Rights Perspective
Noeleen Hartigan National Campaigns Manager,
Simon Communities of Ireland
78
Active Citizenship?
79
Citizenship 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
81
Valuing Volunteers
82
Citizenship 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.
83
Thank you
84
Roundtable discussion followed by panel QA
session
85
LUNCH
86
Session 3 The New Legal and Regulatory Framework
for Charities
87
The legislative process explained, what the
proposed legislation looks like
Gerry Bohan Partner, Landwell Solicitors
88
The 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

89
Legislative 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

90
Legislative Process (contd..)
  • and then to the Senate
  • Passed by both Dail and Senate and signed by
    President
  • Commencement orders
  • Timing?

91
Where 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

92
The 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.

93
Highlights 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

94
Highlights for the General Scheme (contd...)
  • Proportionality
  • Charities Appeal Board
  • Consultative Panels
  • Charities and Trustees/Directors
  • Transfer of Commissioners functions to the
    Charities Register

95
The devil is in the detail or not!
  • Advocacy?
  • Definition of religion?
  • Proportionality?
  • Annual Reporting (financial activity)
  • - exemptions?
  • - form and content?

96
The devil is in the detail or not! (contd..)
  • Support, resources and funding?
  • Level of sanctions?
  • How will companies avoid dual financial reporting?

97
Key Messages
  • Familiarise yourself and brief your board
    colleagues
  • For some organisations significant challenges
  • - Management skills
  • - Structure
  • - Cultural readiness
  • - Corporate Governance

98
Thank 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
100
The role of the charities regulator Learnings
from another jurisdiction
Martin Sime Chief Executive, Scottish Council for
Voluntary Organisations (SCVO), Scotland
101
Q A session
102
Tea/Coffee
103
Session 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
105
IoD 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

106
Experiences 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

107
Overview
  • 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

108
Charities 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

109
Introduction 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)

110
Introduction 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

111
Code 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

112
Role 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

113
Role 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?
114
Role of board
  • Bring an independent view
  • Accountability functions
  • Financial probity
  • Monitoring and control
  • Clear lines of communication throughout the
    organisation
  • Challenge prevailing culture

115
Role 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

116
Qualities of non-executive directors
  • Relationship with top management
  • Hold to account
  • Require delivery on roles and responsibilities
  • Encourage, support, motivate
  • Constructive challenge

117
Qualities of non-executive directors
  • Relationship with top management
  • BUT DO NOT
  • Interfere in day-to-day management
  • Undermine management structure

The boards role is to govern and not to manage
noses in, fingers out !
118
The 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

119
Board must be clean
  • Individual responsibility
  • Codes of practice and behaviour
  • Duty of confidentiality
  • Conflicts of interest declarations

120
Chairman
  • Good chairman skills, experience
  • Separate chairman and CEO
  • Good support company secretary

121
Board 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

122
Thank you
123
Good Governance in Practice Working with a Board
Brian OGorman Chief Executive, Cluid Housing
Association
124
Clúid Housing Association in context
Board Membership of Clúid Housing Association
Meeting Structure Role of Board Role of
Staff Information / Decision
125
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126
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127
The Board Over Time
Changing Membership reflecting stage of
Development Board Members Motivation for
involvement Qualities of good board members
Representation Role of Board Officers
128
Recruiting and retaining Board Members
Audit of Skills / Reviewing membership
Recruitment / Selection Induction
familiarisation Retirement and terms of office
Board members who dont work out
129
Working with Boards
Tools for working with Boards Engaging with
Board members Servicing Boards Building Trust
Retaining Membership Conduct of meetings
130
Future of Board Membership
Changing Role Increased levels of responsibility
Training for Board members Support for Board
Members Paying Board members
131
Thank you
132
Q A Session
133
Consultation Exercise - Good Practice Guide for
Community and Voluntary Organisations
Hannah Perrin Support Services Manager, The Wheel
134
Address from the CEO
Deirdre Garvey Chief Executive Officer, The Wheel
135
Close of Conference Thank you
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