Appendix 4
Letter from Rt Hon Jeremy Wright QC MP, Attorney
General, to
Rt Hon Sir Alan Beith MP, Chair of the Justice Select Committee,
3 March 2015
Chief Inspector for Her Majesty's Crown Prosecution
Inspectorate (HMCPSI)
Further to my letter dated 9 September, the process
for identifying a preferred candidate for this role has now concluded.
Kevin McGinty is my preferred candidate.
The pre-appointment scrutiny hearing is scheduled
to take place on 11 March. I attach an overview of the process
and Kevin McGinty's CV and declaration of interests in preparation
for this hearing.
I hope this provides you with the required information.
Please let me know if further details are required.
CANDIDATE BRIEF
Introduction from the Attorney General
Thank you for your interest in applying for the role
of Chief Inspector of HM Crown Prosecution Service Inspectorate
(HMCPSI). This is a unique role, leading an organisation which
is responsible for maintaining quality, driving change and promoting
good practice within the Crown Prosecution Service (CPS) and the
Serious Fraud Office (SFO).
The role of Chief Inspector is a crucial one within
the criminal justice system and I want to appoint a person who
is best fitted for this important post. He or she will be
leading the inspectorate at a time when, more than ever before,
the public and the taxpayer, expects a criminal justice system
performing at the top of its game, and responsive to the public
interest. I have no fixed view on where the best candidate may
come from but I welcome interest from as wide a variety of potential
candidates as possible. I want to appoint someone who can
clearly demonstrate the leadership qualities, vision and integrity
to do the job well regardless of the candidate's background or
previous experience. I do not assume there is any particular
professional pool from which the successful candidate must come.
If on reading the job specification you feel you have the qualities
I am looking for, you should apply.
Background
Her Majesty's Crown Prosecution Service Inspectorate
(HMCPSI) is the independent inspectorate for the Crown Prosecution
Service (CPS) which is the principal prosecuting authority for
criminal cases in England and Wales. The purpose of its work
is to enhance the quality of justice and make an assessment of
prosecution services that enables or leads to improvement in their
efficiency, effectiveness and fairness.
The independence of the Chief Inspector is of great
importance in ensuring the public's trust in the findings and
recommendations of the Inspectorate.
Chief Inspector of HMCPSI is a statutory appointment
reporting directly to the Attorney General and complementing the
Attorney General's superintendence function, but operating independently
of Government and the services under its scrutiny.
HMCPSI employs:
· Legal
Inspectors- to assess the quality of prosecution decisions and
legal processes. Legal inspectors are made up of solicitors and
barristers with backgrounds in prosecution, defence and private
practice.
· Business
Management Inspectors - to assess the quality of management
and planning in the organisations we inspect. Business Management inspectors
are experienced staff with skills in areas such as management,
business planning, audit, change management and governance.
· Corporate
staff - to assist in the running of the inspections and HMCPSI.
In total it has approximately 30 staff with offices
in both London and York.
HMCPSI submits an annual report to the Attorney General
on the operation of the CPS which is laid before Parliament. It
also advises the Director of Public Prosecutions (the independent
head of the CPS) on the performance of each CPS Area, headquarters'
directorates and of the CPS as a whole in relation to these issues.
HMCPSI has also inspected other prosecuting agencies
by invitation, such as the Service Prosecuting Authority and inspects
the Public Prosecution Service of Northern Ireland under the powers
delegated by the Chief Inspector of Criminal Justice Inspection
Northern Ireland.
For the first time since its creation in 2000 the
HMCPSI now has statutory powers to inspect beyond the CPS. Legislation
was made in 2014 which means that the Serious Fraud Office is
now subject to statutory inspection.
For more information about the organisation please
see:
http://www.justiceinspectorates.gov.uk/hmcpsi/about-hmcpsi/#.VBmhQ_ldVqU
To see the Business Plan for the coming year please
see
http://www.justiceinspectorates.gov.uk/hmcpsi/about-hmcpsi/our-priorities/business-plan/
The Role
The Chief Inspector is responsible for delivering
and developing inspection programmes and methodology against which
CPS and SFO are inspected. The Chief Inspector is actively engaged
in leading the day to day inspection process and needs a comprehensive
understanding of how inspection works and what both good and poor
services mean for the public. This will need to be delivered
in the context of reducing resources and the reports will need
to help the CPS and SFO in taking forward new ways of working
in a positive way.
Person Specification
Please ensure that in your written application you
give evidence of proven experience against each of the essential
criteria below. This evidence will be developed and discussed
with those candidates invited for interview.
Applications are welcome from senior leaders with
a wide range of backgrounds from the public, private or voluntary
sector who are able to demonstrate the ability to understand and
work with the criminal justice system.
Essential Criteria
· Demonstrable
integrity, and high levels of personal and professional conduct,
judgment and credibility.
· The
ability to secure public confidence by demonstrating fairness,
objectivity and transparency.
· The
ability to develop and communicate a strategic vision for the
inspectorate within the criminal justice system.
· Resilient
and inspiring leadership gained at a senior level with strong
experience of engaging and motivating staff at all levels.
· Clear
evidence of challenging existing performance to drive forward
improvement, identifying best practice and encouraging innovation.
· Strong
organisational and resource management skills.
· First
class communication skills with the confidence and capacity to
influence a wide variety of audiences on varying and complex issues,
and evidence of strong engagement with stakeholders.
· Able
to analyse and quickly interpret complex information and present
well developed, evidence based judgments.
· A good
understanding of the criminal justice system in England and Wales,
including an understanding of prosecutorial responsibilities and
functions.
Terms and Conditions
Post Type: This appointment is for a four year
fixed term
Location: The Chief Inspector can be based in
either London or York
Remuneration: £120k plus pension
Expenses
Travel expenses and subsistence will be paid when
the Chief Inspector is required to travel as part of his/her duties,
and will be in line with civil service rules.
Time Commitment
This is a full time appointment. You will be entitled
to 30 days annual leave plus public holidays.
Security Clearance
For the successful candidate, final confirmation
will be subject to security clearance checks.
Equal Opportunities
We will not tolerate discrimination on any of the
following: gender, marital status, sexual orientation, race, colour,
nationality, religion, age, disability, HIV positivity, working
pattern, caring responsibilities, trade union activity or political
beliefs - or any other grounds.
Guaranteed Interview Scheme for Disabled Persons
We also offer a guaranteed interview scheme for disabled
applicants who meet our minimum selection criteria.
Standards in public life, political activity and
conflicts of interest
Candidates must also confirm that they understand
the standards of probity required of public appointees outlined
in the "Seven Principles of Public Life" drawn up by
the Committee on Standards in Public Life (see Appendix 1).
Public appointments require the highest standards
of propriety, involving impartiality, integrity and objectivity,
in relation to the stewardship of public funds and the oversight
and management of all related activities. This means that any
private, voluntary, charitable, or political interest which might
be material and relevant to the work of the body concerned should
be declared. It is important, therefore, that you consider your
circumstances when applying for a public appointment and identify
any potential conflicts of interest, whether real or perceived.
You will be required to disclose any personal or
business interests, including share holdings, which may or may
be perceived to be relevant to or in conflict with appointment
to this post. This may involve suspending or relinquishing stock
market activity.
The (online) Political Activity Declaration will
be kept separate from your application and will only be seen by
the panel prior to interview - the panel may at that stage explore
with candidates any potential for conflict of interest. It is
appreciated that political activities may have given you relevant
skills, including experience gained from committee work, collective
decision making, resolving conflict and public speaking. If, therefore,
you have had such experience and you consider it relevant to your
application for this post, you may if you choose include it separately
in the main body of your application.
Application Process
Recruitment will be conducted in accordance with
Cabinet Office and Commissioner for Public Appointments (OCPA)
guidance.
Please apply through the website (see link below)
sending the following:
· A
copy of your CV setting out career history, responsibilities and
achievements
· A statement
of suitability (max 2 pages) explaining how you meet each of the
essential criteria for the post.
· Please
ensure you have also completed and submitted the equal opportunities
monitoring form, as it appears on the website. The information
you provide will be treated as confidential, and used for statistical
purposes only. The form will not be treated as part of your application.
· You
should also complete the separate online disclosure forms on political
activity and conflicts of interests. The latter will also ask
for the names and addresses of two referees who will only be contacted
if you reach the shortlist stage and only with your permission.
· If appropriate,
please submit a statement if you wish to apply under the Guaranteed
Interview Scheme for people with disabilities.
Please note that applications may be passed, in confidence,
to the Commissioner for Public Appointments and the Commissioner's
auditors for the purposes of complaints investigation and audit
(8.2 of the OCPA Code of Practice refers).
The closing date for applications is: Wednesday 22nd
January 2015
Applications should be submitted through the GatenbySanderson
website via the following link:
www.gatenbysanderson.com/job/gse17230
Please see the timetable below for key dates:
| Closing Date | 10am, Wednesday 22nd January 2015
|
| Short listing meeting | Tuesday 3rd February 2015
|
| Panel Interviews | Monday 16th February 2015
|
| Ministerial meeting | Monday 23rd February 2015
|
Please note if you are unable to attend the preliminary
interviews, the panel interviews or the ministerial meeting on
the dates shown above, alternatives cannot be arranged.
Pre-appointment Hearing by Select Committee
In line with government proposals to increase Parliamentary
scrutiny of appointments to key posts, the preferred candidate
for this post will be required to appear before the Justice Select
Committee prior appointment.
Pre-appointment hearings are in public and involve
the Select Committee taking evidence from the preferred candidate.
Questions are likely to focus on professional competence and personal
independence. The candidate will receive a briefing on what to
expect from the session. Following the pre-appointment hearing,
the Committee will normally publish a report setting out their
views on the suitability of the candidate and submit to the Attorney
General. Whilst non-binding, Ministers will consider any relevant
comments made by the Committee before deciding whether to proceed
with the appointment. The report and candidate's CV may be released
into the public domain by the Committee.
Contact Information
Should you wish to have an informal, confidential
discussion about the appointment, please contact our advising
consultants at Gatenby Sanderson, Sue Jenkins 020 7426 3975 or
Mark Turner 020 7426 3983.
Complaints
The selection panel working to the standards of The
Commissioner for Public Appointments will assess applications
on merit and will employ open and transparent processes, in determining
the candidates considered most suitable for this appointment.
More details of the Commissioner's role and their Code of Practice
can be found at:
www.publicappointmentscommissioner.independent.gov.uk
If you feel your application has not been treated
in accordance with the Code and you wish to make a complaint,
you should contact Nicola Saunders at the Attorney General's Office
on 0207 271 2523 or in the first instance. If you are not satisfied
with the response you receive from the Department, you can contact
the office of The Commissioner for Public Appointments at publicappointments@csc.gsi.gov.uk
.
CURRICULUM VITAE - KEVIN MCGINTY
June 2011 - Present - Deputy Legal Secretary &
Director (Operations) AGO
Leadership
I am a member of the Senior Management Team and Executive
Board and I provide visible leadership across the whole range
of the work of the Attorney General's Office (AGO), setting direction
for operational and policy functions and recruitment.
I have played a key leadership role in taking the
office through changes of Ministers and Directors General and
through changes of staff, functions and responsibilities. I have
managed a programme of change against a reduction in budget, involving
staff reductions, office reorganisation and higher staff workloads,
whilst maintaining civil service staff survey results that put
AGO first amongst all civil service departments this year, second
the year before and first the year before that.
I engage actively with key stakeholders, including
Ministers, the Director of Public Prosecutions (DPP) and Director
of the Serious Fraud Office (SFO), the Chief Inspector of HM Crown
Prosecution Service Inspectorate (HMCPSI), the Treasury Solicitor,
Permanent Secretaries and senior officials, senior judiciary,
the Bar, Law Society and other players in the justice system.
I am widely known across the justice system with an extensive
range of contacts at all levels and a reputation for integrity
and effectiveness in post.
In 2012 I was given temporary promotion to Director
General and Head of Office for four months when post was empty.
Criminal Justice
I take the lead on all criminal matters and casework
policy concentrating on the complex and sensitive cases that may
have political or wider implications. I am responsible for managing
the superintendence of the Crown Prosecution Service (CPS), SFO
and HMCPSI by the Attorney General (AG) and for all aspects of
Ministerial and parliamentary accountability for prosecutions.
I act as the first contact within AGO for any serious, complex
or sensitive criminal matter both for England and Wales and Northern
Ireland. I therefore have a thorough understanding, based on years
of experience, of the roles and challenges facing the CPS and
SFO in maintaining high prosecutorial standards in a criminal
justice system of diminishing
I am currently leading on work with the Home Office
and other departments on Hillsborough, institutional child abuse,
under-cover policing and public inquiries. I meet regularly with
Cabinet Office over high profile SFO investigations both within
the UK and internationally.
I am a member in my own right of the Government's
overarching Criminal Justice Board which includes Ministers, the
Senior Presiding Judge, Heads of various criminal justice agencies
as well as other key stakeholder members. I chair the Ellison
Review Working Group, which consists of counsel, a chief constable
and senior police officers, senior lawyers and officials from
the Home Office, CPS, security services and the Criminal Cases
Review Commission (CCRC), co-ordinating work on identifying potential
miscarriages of justice arising out of under-cover policing. I
chair the Appeal Committees for both Very High Cost Cases (VHCC)
and Graduated Fee Scheme cases.
Legal Profession
I was an elected member of the Bar Council from 2011
to 2014. At AGO I led on the Attorney General's intervention with
the Justice Secretary and the Bar in the dispute over legal aid
and the Bar's decision to withdraw from VHCC work, with the result
that a compromise was reached and the problem averted.
In 2012, based on her knowledge of my work, I was
chosen by the then Chair, Maura McGowan QC, to take the Chair
of the troubled Employed Barristers Committee of the Bar Council.
I succeeded in reorganising and refocussing the Committee and
arranging for fresh elections for a new Chair in December 2014.
In 2012 I was elected a Master of the Bench of Gray's
Inn and awarded a CBE in the Birthday Honours.
December 1997 - June 2011 - Deputy Director, AGO
During this period I was sole adviser
to the Attorney General in respect of all aspects of his distinct
and legally separate role as Attorney General for Northern Ireland
(and from May 2010 as Advocate General for Northern Ireland).
I continued to be responsible for a number of additional England
and Wales functions.
Leadership
For 14 years I was the face of the Attorney General
in Northern Ireland engaging in issues and at levels that in England
and Wales the Attorney General would have engaged personally.
This was a key role which required me to engage the trust of main
stakeholders in a complex and very political environment, working
directly with Ministers, senior officials, including the Permanent
Secretary of the Northern Ireland Office, and senior judiciary.
Casework
I built a strong working relationship with the Director
of Public Prosecutions for Northern Ireland and his senior staff,
the Northern Ireland Office, the Crown Solicitor's Office, judiciary
and police at all levels. I was engaged in all of the complex
and sensitive cases arising from the Troubles.
I also undertook additional responsibilities within
AGO, notably being appointed Establishment Officer in 2002. This
made me responsible for the everyday running of the office, finance,
security, IT and staffing. My managerial experience of running
a small office is therefore of long standing.
April 1996 - December 1997 - Legal Adviser
I was a member of the legal unit of the Bank of England
advising on criminal matters. In addition, I advised Committees
of the Bank on their regulatory powers under the Banking Act 1987.
August 1992 - April 1996 - Legal Adviser
I was a lawyer at the Legal Secretariat to the Law
Officers (now AGO) as part of the criminal team.
December 1988 - August 1992 - Principal Crown
Prosecutor CPS (Fraud)
In this role I was responsible for a broad range
of fraud based prosecutions, working with police forces across
the country, building up specialist knowledge of large complex
fraud cases and dealing with a wide variety of investigations.
October 1983 - December 1988
Practising member of the Bar. Tenancy at 3 New Square,
Lincoln's Inn from January 1984. Criminal and Matrimonial practice.
Called to the Bar, Gray's Inn, July 1982.
CHIEF INSPECTOR HM CROWN PROSECUTION
SERVICE INSPECTORATE, JUSTICE COMMITTEE BRIEFING
This competition was carried out in accordance with
the Commissioner for Public Appointments' Code of Practice for
Ministerial Appointments to Public Bodies.
A process to appoint to this post was conducted in
2014 and interviews were held in November 2014. No appointable
candidates were identified. It was decided to re-run the competition
with some amendments made to the person specification. The post
was advertised at £120,000, on the Sunday Times and Public
Appointments websites. The appointment was offered on a four year
fixed term. Gatenby Sanderson was engaged to administer the competition
and carry out executive search. Twelve applications were received.
Applications were received from candidates with a range of backgrounds
including regulatory bodies, Law Officers' Departments and private
sector.
The panel was chaired by Margaret Scott, the Public
Appointment Assessor. The other panel members were Rowena Collins-
Rice, Director General Attorney General's Office, Dru Sharpling,
Her Majesty's Inspector of Constabulary and the Hon Mr Justice
Holroyde, Presiding Judge of the Northern Circuit.
For each candidate the panel considered their CV
and supporting statement giving evidence and examples of their
ability to meet the criteria in the role and person specification.
The panel selected a shortlist of four for interview.
References on the shortlisted candidates were obtained prior to
the interviews.
The interviews started with candidates giving a short
presentation on 'What is your vision for this organisation over
the next four years?' The candidates were then asked questions
relating to the essential criteria for the role.
The panel assessed two candidates as appointable
and the Attorney General met with both candidates on 24 February
2015. Following the meetings the Attorney General confirmed that
the candidate ranked highest by the panel was his preferred candidate.
The preferred candidate is Kevin McGinty.
The Attorney General has been kept informed of progress
throughout the process.
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