Northern Ireland

Solicitor launches fair employment case against Richard Pengelly

Department of Health permanent secretary Richard Pengelly. Picture by Hugh Russell
Department of Health permanent secretary Richard Pengelly. Picture by Hugh Russell Department of Health permanent secretary Richard Pengelly. Picture by Hugh Russell

A BELFAST solicitor has launched a fair employment case against the head of the Department of Health (DoH) following “substantive breaches” of recruitment guidelines.

A report by the north’s quango watchdog found that DoH permanent secretary Richard Pengelly selected Northern Ireland Fire & Rescue Service (NIFRS) board members for reasons that were “different and unrelated” to the original criteria.

Retired solicitor John O’Neill lodged a complaint with the Commissioner for Public Appointments Judena Leslie earlier this year after failing to be selected for one of four vacant positions on the NIFRS board.

In the absence of a minister, the appointments were made by Mr Pengelly.

Mr O’Neill was shortlisted for the role following an interview but when he failed to secure the post, he requested feedback from the DoH.

According to Ms Leslie, the information provided by the department showed the appointment had been made on the basis of “extraneous information”, rather than the published criteria specified in the code of practice for public appointments.

One of the successful candidates was selected by the department permanent secretary on the basis of their “legal background”, criteria that was not included in the original brief.

Ms Leslie said the appointments were made for reasons “lacking in proper and correct rationale and justification”.

The quango watchdog’s report concludes: “The outcome of this appointment process therefore created a situation wherein perceptions of unfairness, bias or discrimination could arise.”

Mr Pengelly’s department has said it had received Ms Leslie’s report and “will consider any potential areas for improvement”.

However, the Irish News understands that Mr O’Neill has begun fair employment proceedings against the DoH permanent secretary, who is the husband of DUP MP Emma Little-Pengelly,

SDLP MLA John Dallat, a former deputy chairman of Stormont’s Public Accounts Committee, said the watchdog’s findings "are quite frankly shocking and cry out for change to how applicants are assessed for appointment to government-funded bodies that carry out essential work on our behalf".