Select Committee on Public Accounts Minutes of Evidence


Question 80 (Mr Richard Bacon): Minutes of Home Office Audit Committee Meeting

Supplementary memorandum submitted by the National Audit Office



Date
29 November 2005 Time11:30-14:30
LocationGEB Board Room P3.52
ChairmanPatrick Carter SecretaryLinda Hood
Members PresentChris Littmoden
Bob Chilton
David Ross
Richard Rosser
Gill Lungley
In attendanceJohn Gieve
Helen Kilpatrick
Lin Homer (item 5 )
Darren Box (NAO)
Fiona Spencer
Carl Moynehan
Christine Stewart (item 6)
Aileen Murphie (item 4)
Trevor Marchant (item 6)
Steve Blake (item 6)
Tracy Barker
Tim Hurdle
Kate Collins (item 4)
Apologies

1.  MINUTES OF PREVIOUS MEETING

  1.1  No amendments were received to the minutes of 14 July 2005.

2.  MATTERS ARISING

Approval process for sub-£40 million projects

  2.1  Significant projects and programmes (those with a lifetime cost of more than £40 million) require approval from the Group Investment Board. IND has established an approval mechanism for major projects that fall below the £40 million level. NOMS are establishing a similar system to that used by IND. The rest of the core Home Office are yet to establish an approvals mechanism.

  Action

  Helen Kilpatrick to provide the March Audit Committee with an update on the progress of an approvals mechanism for Core Home Office

  GEB Review of Internal Audit Resources

  2.2  The Home Office internal audit currently obtains funding from a number of different sources although all the "headcount" sits with the Finance and Commercial Group. With the current focus on headcount, this mis-match means that it is difficult to ensure that limited resources are targeted on a risk basis. The GEB therefore agreed that each GEB area would fund internal audit within their area by providing both funds and headcount.

  2.3  A draft paper that explains the transition process from the current situation has been discussed with key representatives of each GEB area. It is expected that this paper will be formally issued before Christmas, in time for the new arrangements to come into place by 1 April 2006.

  2.4  Departmental Reform

  The Audit Committee referred to paragraph 3.3 of the July 2005 Audit Committee and asked if a document had been issued on the shared vision. John Gieve advised that a new approach document had been issued and he would provide the Audit Committee members with a copy.

  Action

  John Gieve to provide Audit Committee members with "shared vision" document

3.  PROGRAMMES AND PROJECTS

  3.1  The Audit Committee were advised that the Home Office has around 40 ongoing projects but only the mission critical ones are reported to the Committee. There are five gateways (1-5) and these are largely tied into the procurement process with stage 5 being a review of benefits realised. However, for many programmes progressing past gateway 1 may take significant time and therefore a gateway 0 was introduced to ensure that major programmes still benefit from these types of reviews. It was also noted that across Government few projects had progressed past gateway 4. However, the Home Office expect to put Adelphi through gateway 5 in the New Year.

  3.2  Gateways had initially been established to provide a confidential report to the "Senior Reporting Officer" on the project process. However, in future, when a project receives two consecutive "red" gateways then this will automatically lead to the NAO (Comptroller and Auditor General) being informed by the Office for Government Commerce (OGC)

  Action

  NAO to report back at the next audit committee on the actions that it may take following the receipt of two red gateways

4.  FINANCIAL ACCOUNTS AND AUDITS

NAO progress update

  4.1  Darren Box presented a paper on the progress of the 2004-05 Home Office Resource Account audit. The NAO had still not received a full set of accounts from the Home Office as the draft accounts received in September were of an "unacceptable quality" and "displayed a very limited understanding of how different figures within the financial statements relate to one another". In addition, serious control weaknesses had been identified during the audit and including: weaknesses in IT controls; lack of robust year-end or monthly bank reconciliation and some weaknesses in contract management and budget monitoring.

  4.2  Carl Moynehan advised the Committee that there had been issues in producing the accounts and he had taken the decision in October to rebuild the accounts. He advised that within two weeks he expected to be able to deliver a good quality set of financial statements for the NAO to review. He was therefore confident that he would meet a revised deadline of 14 December. The bank reconciliation was also progressing well and now hoped that it would be reconciled by the end of December.

  4.3  Darren Box advised that subject to receiving good quality accounts and a robust bank reconciliation he would make every effort to undertake all the audit work necessary to provide a clear opinion by 31 January 2006. He cautioned that if the bank was still unreconciled then the accounts would be qualified and that the accounts must be received by 14 December to give the NAO any chance of completing the audit by the statutory deadline.

  4.4  The worse case scenario was that a disclaimed opinion would be issued on the basis that the NAO had insufficient confidence in the underlying accounting records. This would be accompanied by a Report to Parliament and could lead to the Home Office being called before either the Home Affairs Select Committee or, possibly, the Public Accounts Committee, to explain.

  4.5  The Audit Committee thanked the NAO for their report. They also shared some scepticism on whether the Home Office would be in a position to provide the NAO with all the information they required in order to meet the deadline of 31 January 2006. However, the Home Office should continue to make every effort to achieve a clean audit opinion but if the 14 December deadline for providing accounts to the NAO was missed then the Home Office should then recognise the inevitable and focus on the accounts and audit process for 2005-06.

  Action

  Darren Box to advise Tim Hurdle of the status of the Home Office Accounts to be received on 14 December who would advise the Audit Committee on status.

  4.6  The Audit Committee was also concerned about the underlying problems and weaknesses in the accounting and control environment and how they might impact on the ability of the Home Office to prepare timely and accurate accounts for the 2005-06 year.

  4.7  Carl Moynehan explained that the Liverpool based "Accounts Branch" did not have the necessary higher level accounting skills to ensure that all reconciliations were routinely performed and differences investigated and adjusted. Steps were being taken to re-locate this "higher level" work to London where he would be able to provide closer supervision and employ more skilled staff.

  4.8  The Audit Committee wanted further assurance, in the form of a review, over the financial accounting processes and in particular the ability of the Home Office to maintain good accounting records from which the statutory accounts can be prepared in a timely manner. This review should be independent and provide steps on how the current situation could be avoided in future years. The review should also add value and it was agreed that the Chief Internal Auditor in consultation with the Home Office Finance Director should draft a terms of reference for this review. It was recognised that while this review was urgent it should distract from completing the 2004-05 accounts and audit process

  Action

  Tim Hurdle and Helen Kilpatrick to establish an appropriate review with the Terms of Reference to be agreed with the Chair of the Audit Committee.   

NAO VFM audits

  4.9  Aileen Murphie presented her paper setting out the key areas for value for money examination over the next two years in the Home Office. The Committee enquired what changes had been made as a result of recent vfm reports.

  Action

  Aileen Murphie to look at the last six reports and see what recommendations the Home Office has implemented and what has changed.

Adelphi controls

  4.10  Adelphi and Oracle based enterprise resource management (Finance, Procurement, HR) system had replaced the previous accounting system BASS which had limited functionality and had been implemented when "cash" accounting was the method for government.

  4.11  Kate Collins explained how the Adelphi system worked including the controls that were in place. She had noted the NAO's and internal audit's findings and was already working with Sirius to address the weaknesses identified including concerns raised about the system administration and the log in process which have now been changed. Furthermore at a recent meeting, attended by many government departments and their bodies, the Home Office appeared to be leading the way in establishing good practice for the control environment.

  Action

  Audit Committee to revisit in April 2006 to see if the controls are working

5.  RISK MANAGEMENT

Unsustainable pressure on custodial capacity

  5.1  Christine Stewart presented a paper on the pressure on custodial capacity.

  5.2  The current capacity is 78,432, however this will increase to 79,100 in June 2006. The population hit an all time high of 77,823 on 1 November but this has since dropped to 77,421. Historically the figures normally drop before Christmas but pick back up again in the January. It is estimated that at the current rate of increase population will exceed capacity by June next year, but this could happen as early as March, weekly meetings are held to check on population levels.

  5.3  There are two means of managing this risk, either by increasing capacity or a reducing the numbers in prison. In respect of capacity, Buckley Hall prison will change from a female to a male prison and the same could happen with Peterborough prison but no decision has yet been made. In addition, there is a contingency plan of using police cells that will increase capacity by a further 400. Another 1,300 spaces could also be brought on stream in Spring 2008, however, this may be constrained by available resources.

  5.4  The Home Secretary and Lord Chief Justice are also currently looking at measures to manage the demand and reduce the prison numbers. These include looking at sentencing guidelines and their implementation to increase the use of non-custodial sentences such as Home Detention Curfew (electronic tagging). Similar arrangements could also be used for prisoners currently held on remand.

  5.5  The final option of last resort would be "executive release". In practice this would mean that prisoners nearing the end of their sentence would be released earlier than under the existing schemes.

  5.6  John Gieve explained that the pressure on capacity and mitigating actions carried two further risks for the Home Office. Increasing pressure on prison capacity significantly increased the risk of disorder and there was also a "credibility" risk.

Systemic risks

  5.7  Steve Blake presented a paper on systemic risks that arose out of the 2003-04 Annual System Assurance Statement (ASAS) process. A key finding was that the Home Office often responded to key events by quickly establishing a review of the relevant process or area. These reviews generally generate many recommendations that the Home Office would accept and begin to implement. However, while effective at managing the short term "political" risk, little consideration was given to the affordability of these recommendations and as a consequence many are subsequently dropped, deferred or watered down.

  5.8  John Gieve agreed that the Home Office needs to narrow the gap between the handling of a response to a particular event and implementing the identified actions. This will require a more systematic process for assessing and agreeing the affordability of proposals and of reporting this to Ministers. This could involve being more explicit about those recommendations that are critical as opposed to highly desirable. Furthermore, the monitoring of progress against these recommendations could be improved.

  Action

   [Tim Hurdle/Steve Blake] to prepare a paper on how monitoring of responses to key reviews can be improved

6.  PERIODIC UPDATE

IND guidance project

  6.1  A draft red report was issued to IND in October 2005. IND recently transferred responsibility for this to David Stephens and he will provide a response to the report after consulting colleagues and discussion at the forthcoming project board.

  6.2  A key finding was that this project was set up in response to the Sutton report. However, after some good initial progress the project had slowed and the project Board had not met since December 2004. The Director General IND, Lin Homer, accepted that the project had not made as much progress as hoped and noted that IND needed to tighten up on following through internally generated reports. In order for the guidance project to move forward, David Stephens had taken responsibility and was establishing a team that included resources from the compliance audit and performance management teams.

  6.3  It was also considered necessary to revisit the original recommendations in light of the introduction of the new asylum model in 2006, the points based system for managed migration in 2007 and e-borders and border management policy. Lin Homer also noted a tendency to over complicate and issue `too much' guidance and she asked that the team give some thought to this and to test all guidance with front line staff first. She also noted that in future guidance will be developed as the policy is developed.

  Action

  Lin Homer to e-mail a copy of her presentation on the Sutton Programme to the Home Office Audit Committee secretary to forward on to the members.

  Lin Homer to provide an update to the Audit Committee on progress made on the guidance project in six months (July 2006 Audit Committee)

7.  REVIEW OF INTERNAL CONTROL

Annual System Assurance Statement

  7.1  It was agreed that this topic would be deferred to the next audit committee as this would be after the 2004-05 accounts had been signed off.

  Action

  Annual System Assurance Statement to be discussed at the March 2006 Audit Committee

8.  A.O.B.

NOMS Audit Resource

  8.1  Tim Hurdle has written to Peter Brooke asking for £100,000 to resource NOMS audit. To date Tim has yet to receive a response from Peter, but he would put any response received before the Audit Committee for consideration.

  Action

  Lord Rosser would check with NOMS for a response


Question 166 (Mr Richard Bacon): Papers submitted by the NAO to the Home Office Audit Committee

HOME OFFICE RESOURCE ACCOUNTS 2004-05 AUDIT UPDATE FROM THE NATIONAL AUDIT OFFICE

INTRODUCTION

  1.  The purpose of this report is to update the Audit Committee on progress with the audit of the 2004-05 resource accounts and to draw the Committee's attention to a potential audit qualification.

QUALITY AND TIMELINESS OF DRAFT ACCOUNTS

  2.  The timetable agreed with the Home Office envisaged the delivery of draft consolidated accounts for audit by 30 June, with a view to certification by 30 September. The first draft accounts were not received until 9 September and contained numerous fundamental errors and internal inconsistencies, in particular with respect to cash, Supply figures and Consolidated Fund Extra Receipts. There were also material omissions or misstatements, for example with respect to the valuation of the private prison estate. A paper outlining all of the issues and errors in the draft financial statements was provided to the Home Office on 29 September. To date, we have not received a revised set of financial statements.

  3.  The unacceptable quality of the 2004-05 draft accounts of 9 September reflect the continuance of some fundamental underlying issues which we highlighted in our management letter on the 2003-04 accounts:

    —  The accounts display a very limited understanding of how different figures within financial statements relate to one another indicating skills and experience deficits within Accounts Branch.

    —  The accounts showed little evidence of meaningful management review at any level.

    —  With the notable exception of IND, there is no evidence of the accounts production process being subject to any proper project management disciplines.

    —  Issues raised in our previous management letters have not been actioned and appear not to have been disseminated to relevant staff around the organisation in some instances.

    —  The importance of accurate and timely financial reporting needs to communicated from the top of the organisation and reinforced by active engagement with the accounts production and audit process.

CONTROL WEAKNESSES

  4.  In addition to late and poor quality financial statements, serious control weaknesses have also been identified during the audit. The weaknesses include:

    —  IT Controls: There is a lack of security within key IT applications through the absence of unique identification for system administrators, no audit trails, weaknesses in controls over standing data such as the creation of supplier records, and inadequate segregation of duties on both the Adelphi Finance System and Immigration and Nationality Directorate asylum seeker systems.

    —  Bank Reconciliation: Bank reconciliations are the most fundamental of all accounting controls as they enable payment, receipts and cash balances to be validated to an external source and provide assurance about debtor and creditor balances. Due to difficulties in implementing the Adelphi accounting system, the Home Office has been unable to reconcile its cash at bank position. A consultant was employed for several months to rectify matters and was able to identify £67 million worth of transactions but a difference of £3.025 million remains at 31 March 2005. Even though this difference has now been written off to expenditure, we understand that the bank account is still not being successfully reconciled on a monthly basis in 2005-06.

    —  General accounting controls: Other basic accounting reconciliations and controls have not been performed, contract management controls are variable and we have found several instances where manual authorisation controls have lapsed.

    —  Budget Monitoring: Although there is a strong budgetary control framework in place and detailed budgetary delegations, the underlying quality of budgetary control across the Home Office is variable and in many cases it is not sufficiently robust to act as an effective mitigating control against fraud and irregularity in payment processes.

  5.  A further cause for concern has arisen from out review of Adelphi transaction data. It took six months for the Home Office to supply us with transaction data that we were able to reconcile successfully to the Adelphi general ledger. However, when the gross transaction value of debits and credits within this data was totalled, they each amounted some £26,527,108,436,994, almost 2,000 times higher than the Home Office's gross expenditure for 2004-05 and approximately one and a half times higher than the estimated GDP of the entire planet. This suggests that something has gone seriously awry with Adelphi processing during 2004-05. We have yet to receive an explanation for what has happened.

  6.  Collectively, these control weaknesses expose the Home Office to a high risk of fraud, irregularity, poor value for money and waste in its financial operations.

IMPACT ON THE C&AG'S AUDIT OPINION

  7.  Taken together, the lack of IT and manual controls, the inability to reconcile the cash at bank position and the absence of a robust set of financial statements, mean that we need to consider the impact on the audit opinion. At this stage we are contemplating a disclaimer opinion on the accounts on the grounds that fundamental control failures mean that we are unable to form an opinion on whether the accounts are true and fair and whether expenditure recorded in them is regular.

  8.  In the age of Faster Closing and pre-recess certification targets, late qualified accounts are extremely damaging to the Home Office's reputation, particularly with the Treasury who are likely to exercise closer scrutiny over the unaudited resource budget outturn submitted to them each summer.

THE WAY FORWARD

  9.  It is still possible that a qualification can be avoided if the Department is able to satisfactorily reconcile its bank account and produce a cogent set of accounts. The Home Office remains committed to retrieving the situation and is working with consultants from Sirius to resolve the cash difference. Assuming that matters can be satisfactorily settled, a substantial further audit effort will be required to confirm that the accounts are "true and fair".

  10.  Accounts will not be available in a finalised form for the Accounting Officer to sign by the statutory deadline of 30 November. Furthermore, the Home Office has warned us that it may be unable to present signed accounts to the C&AG by 31 January 2006, the statutory deadline for laying certified accounts before Parliament.

  11.  We cannot issue a disclaimer opinion prior to 31 January 2006 as we have a professional obligation to consider all evidence that can be made available within statutory timescales and to undertake all possible audit procedures that might enable a qualification to be avoided.

  12.  If the accounts cannot be certified by 31 January 2006, the Home Office should consider seriously whether it is worth expending further time and resources on them. In these circumstances, regardless of the status of accounts and the eventual audit opinion, we would anticipate issuing a report to bring the underlying accounting and control issues leading to late accounts to Parliament's attention.

  13.  Looking forward to 2005-06, plans have been drawn up to transfer the financial accounting function to London from March 2006 in order to improve the Home Office's ability to recruit staff with the correct skills and to allow for improved and more visible management control. We welcome these proposals.

OTHER ISSUES: PRISON SERVICE EQUAL PAY CLAIM

  14.   Delays with the accounts mean that developments in the Prison Service equal pay claim cases could necessitate significant adjustments for post balance sheet events. The draft accounts currently reflect a provision for £1.5 million in the Prison Service accounts for the two lead cases, Bailey & Others and Beechcroft, Martin & Others. Since the Prison Service accounts were certified, however, the Service has lost its appeal against the decision of the original Employment Tribunal in Bailey & Others.

  15.  The second lead case (Beechcroft, Martin & Others) is expected to be heard in the four weeks commencing 16 January 2006 so is likely to be concluded before the accounts are certified. The Independent Expert appointed by the Employment Tribunal in this case has already concluded that most of the claimants perform work of equal value to their comparators thus reducing the likelihood that the Service will win the case.

  16.  A further 2,500 claims have been submitted to the Tribunal but are stayed pending the outcome of the 30 claims in Beechcroft, Martin & Others. The key issue for the 2004-05 accounts is whether a provision should be recognised for these stayed claims in view of developments on lead claims. We believe that there is a stronger case for providing for stayed cases in the 2004-05 accounts than there was in the 2003-04 accounts, given the loss of the Bailey appeal. If the hearing in January 2006 finds against the Service, we consider that there would be an overwhelming case for recognition of a provision. Even if the hearing is delayed, we note that the Prison Service has agreed to enter talks with the PCS union to explore common ground as a basis for a potential settlement, possibly involving a one-off payment. Consultants have also been engaged to assist in developing a job evaluation system. These actions appear to be a limited acknowledgement that there are probable liabilities associated with stayed cases.

  17.  A three month project is currently ongoing to estimate the potential liability associated with stayed cases. This is expected to be concluded by the end of the year. It is anticipated that the result will be in the region of £30-40 million but could be as high as £100 million. This estimate excludes interest which is likely to be charged at around 7%. Further liabilities may arise due to the Service's loss at Tribunal and on appeal of its defence against the doubling of pension rights for officers employed before 1987. This ruling if ultimately upheld could have ramifications across the Civil Service but cannot currently be quantified.

21 November 2005

Question 167 (Mr Richard Bacon): Letter from the Comptroller and the Auditor General to the Permanent Secretary, Home Office

  Following consideration of the matter at the Audit Committee[23] on 29 November, I am writing to tell you that I may have to qualify my audit opinion on the 2004-05 Home Office Resource Accounts.

  The draft accounts presented to the NAO for audit on 9 September contained material errors and inconsistencies which have yet to be resolved by your staff. Consequently, the Home Office has been unable to produce accounts for you to sign as Accounting Officer by the statutory deadline of 30 November. Furthermore our audit has identified serious internal control weaknesses in the following areas:

    —  IT Controls: There is a lack of security within key IT applications through the absence of unique identification for system administrators, no audit trails, weaknesses in establishment of supplier records, and inadequate segregation of duties on both the Adelphi finance system and Immigration and Nationality Directorate asylum seeker systems.

    —  Bank Reconciliation: Due to difficulties in implementing the new Adelphi accounting system, the Home Office has been unable to reconcile its cash bank position leading to an unexplained difference of £3.025 million at 31 March 2005.

    —  General accounting controls: Other basic accounting reconciliations and controls have not been performed, contract management and budgetary controls are variable and manual authorisation controls are sometimes by-passed.

  The combined effect of the non-availability of accounts for certification and fundamental weaknesses in internal controls mean that I am currently unable to conclude that the accounts are true and fair and that expenditure recorded within them is regular.

  To avoid a qualification, the Home Office needs to reconcile the cash at bank position and produce a robust set of financial statements. I understand that work is in progress to achieve this and our staff are working together to secure a satisfactory outcome. However, if accounts cannot be laid by 31 January I may have to issue a report at that time to explain the absence of accounts to Parliament.

  I will keep you and your successor Sir David Normington in the picture on significant developments and would be happy to discuss these matters with you before you leave for the Bank of England.

Sir John Bourn KCB

Comptroller and Auditor General

12 December 2005


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