Memorandum submitted by the Ministry of
CRIMINAL CASES REVIEW COMMISSIONCHAIRMAN'S
As you know, the Chairman and senior officials
of the Criminal Cases Review Commission gave evidence at a session
of the Justice Committee on 10 March.
At that session the Chairman, Sir Alan Beith,
asked Richard Foster, Chairman of the Commission, to write to
him outlining what happened to his remuneration when his post
reverted from full time to part time.
I hope that you will agree that it is more appropriate
for me to write on this topic as the Criminal Appeal Act 1995
provides for Ministers to set the level of the Chairman's remuneration
and this Division oversaw the arrangements for settling Richard
The appointment was originally managed by the
Commission's previous sponsors, the Office for Criminal Justice
Reform. The information pack sent to applicants was silent about
the provision of pension. When Richard Foster was offered the
post, it was clear that there was a misunderstanding about the
exact level of salary to be paid. Mr Foster was also aware of
the salary that had been paid to his predecessor, Professor Zellick,
and that his post (and that of other Commissioners) was pensionable.
We consulted the Independent Assessor of the Office of the Commissioner
for Public Appointments-who oversaw the recruitment of Mr Foster-about
whether we could offer a salary other than that advertised. OCPA
confirmed that, given the flexibility in setting remuneration
allowed to departments, they had no concerns.
To better enable him to familiarise himself
with the work of the Commission and to identify the key challenges
that he will face, we agreed that he might work on a full time
basis until 31 January 2009. Needless to say, Mr Foster received
the full time salary in respect of these three months and reverted
to the part time pro rata equivalent on 1 February.
I appreciate that the salary offered to Mr Foster
is higher than the salary at which the post was advertised. However,
we were mindful of the need to offer Mr Foster a package that
reflected the demands of the post and his experience as well as
the need for his salary to offer value for money to the public
purse and be affordable to the Commission.
I hope you agree that in appointing Richard
Foster as Chairman, we have secured, for the Criminal Cases Review
Commission, an outstanding public servant who is best placed to
meet the many challenges the Commission faces in the coming years.
Head of Sponsorship and Performance Unit