Governance review - key issues for consideration

In August 2009, Baroness Buscombe, Chairman of the Press Complaints Commission, announced an independent review into the governance of the Press Complaints Commission. The aim of the initiative is:

"To review matters relating to the governance of the Press Complaints Commission, and to make recommendations in order further to build public confidence in the administration of independent press regulation in the UK."

It is expected that the review will last until the late spring of 2010. Members of the panel undertaking the review are:

• Vivien Hepworth, UK Executive Chairman of Grayling (Chairman of the Review Group); and former member of the Press Complaints Commission;
• Stephen Haddrill, Director General, Association of British Insurers (Chief Executive-designate of the Financial Reporting Council);
• Dr. Elizabeth Vallance, Chairman of the Institute of Education; Member of the Committee on Standards in Public Life; Member, PCC Appointments Commission.
• Eddie Young, former Group Legal Adviser of Associated Newspapers.

Written submissions are invited from members of the public and interested parties on key areas for consideration - which should not be seen as an exhaustive list - that are set out below. In addition, the panel will hold a series of evidence sessions in early 2010 to which relevant individuals and organisations will be invited.

Background and scope of the review

The review takes place against the backdrop of the considerable technological and structural change in the newspaper and magazine industry that has taken place in recent years. The PCC Chairman - with the full support of the Press Standards Board of Finance (PressBoF) and the Appointments Commission - feels it is the right time to examine the Commission's governance to ensure it reflects public expectations and good practice in governance generally, and takes account of how media content is now produced and delivered.

It will not be concerned with reviewing those areas which are the sole responsibility of the Code Committee or PressBoF.

Areas under review

The review will examine and consider the arguments for changes in the following areas. More information about all of these areas can be found at www.pcc.org.uk.

1. The PCC board

The PCC's Articles of Association - which can be found at http://www.pcc.org.uk/assets/111/PCC_Articles_of_Association.pdf - describes the role of Commissioners as follows:

"The primary function of the Commission shall be to consider, and adjudicate, conciliate and resolve or settle by reference to the Press Code of Practice... complaints from the public of unjust or unfair treatment by newspapers, periodicals or magazines and of unwarranted infringements of privacy through material published in newspapers, periodicals or magazines (in each case excluding advertising by third parties) or in connection with the obtaining of such material but shall not consider complaints of any other nature.

"It shall also be the function of the Commission to consider and pronounce on issues relating to the Code of Practice which the Commission, in its absolute discretion, considers to be in the public interest."

• Does the board have a clear mission?
• Is the size and composition of the board appropriate?
• What sub-committee structure would best support the work of the board?
• What criteria should be used to evaluate the Commission's performance?
• How should the board exercise its supervision of the secretariat?
• Can the way in which it considers complaints be made more efficient?
• How should sub-committees be selected and chaired, what should they cover, and how should they communicate with the main board?

2. The Appointments Commission.

Details of the role of the Appointments Commission - and who sits on it - can be found at http://www.pcc.org.uk/about/whoswho/appointments.html.

It does not have a role in appointing the Chairman of the PCC, which is the responsibility of PressBoF.

Key issues for consideration

• Should the terms of membership of the Appointments Commission be set out in the Articles of Association?
• Should the PCC Chairman also chair the Appointments Commission?
• Does the current appointments procedure for lay Commissioners and editors require any change?
• How should the Appointments Commission best assess the performance of serving Commissioners?

3. Transparency

One of the current challenges is how to reconcile the confidentiality that the PCC owes to its complainants with its wish to be as transparent as possible.

Key issues for consideration

• Can more information be made public?
• How otherwise can the transparency of board meetings be improved?
• Can the PCC's confidentiality to complainants be reconciled with holding meetings, or part of meetings, in public?
• How else can transparency generally be improved?

Click here for information about how the PCC is currently accountable through the work of the Charter Commissioner - http://www.pcc.org.uk/about/whoswho/charter_commissioner.html. There is also a ‘Charter Compliance Panel' which performs an audit function on complaints handling and publishes reports.

Key issues for consideration

• Should the roles of the Charter Commissioner and Charter Compliance Panel, whose responsibilities are set out in paragraphs 55 and 56 of the Articles of Association - be enhanced or expanded?
• What are the arguments for and against formalising a system of appeals?
• How else can accountability be improved?

5. Articles of Association

The Articles of Association are the PCC's constitution. They set out the remit, duties and statutory responsibilities of the board of the Commission. Amendments to them may be made with the agreement both of the Press Complaints Commission board and the board of PressBoF. It is likely that following the governance review a number of changes to the Articles will be necessary. Additionally, the review may consider:

• Whether the Articles need specifically to take account of the changes to the Commission's remit since 1991 (notably the 2007 extension to include editorial audio-visual material on publications' websites);
• Any other suggestions from the boards of the PCC and PressBoF or any other interested party for amendments.

Conclusion

Submissions covering all or some of these areas - or aspects of the PCC not mentioned in this consultation paper - may be made in writing by January 25^th 2010 to:

Vivien Hepworth
Chairman
Independent Governance Review
Press Complaints Commission
Halton House
20-23 Holborn
London EC1N 2JD

Or by e-mail to governancereview@pcc.org.uk

Please include contact details in case the review team would like to speak to you further about your submission.

Note: we will assume you are content for your submission to be made public unless you clearly state otherwise.