Lecture 4: Collective Ministerial Responsibility Flashcards

1
Q

What is Ministerial Responsibility?

A

Ministerial Responsbinility is a constitutional convention where all ministers are responsible to Parliament for the government’s policies, decisions, and actions.

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2
Q

What role does the Cabinet play in government?

A

The Cabinet is the central body where key decisions about legislation and government actions are made, involving senior ministers.

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3
Q

When does Cabinet sovereignty face limits?

A

Cabinet sovereignty faces limits when the ruling party has a small majority in the House of Commons

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4
Q

Is there a legal structure for the Cabinet?

A

No, the Cabinet is not legally structured but is a creation of convention, similar to the role of the Prime Minister.

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5
Q

What principles are involved in Cabinet responsibility?

A

Collective responsibility: Ministers must publicly support the decisions of the Cabinet

Individual responsibility: Ministers are accountable for their actions and policies.

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6
Q

What is Collective Responsibility?

A

Collective responsibility is when All Ministers must publicly support the government’s policies and actions, even if they dont agree with them

Ministers must defend government policy in Parliament or resign if they can’t.

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7
Q

What happens if a Minister disagrees with government policy?

A

if a Minister disagrees and can’t defend the policy, they must resign.

Though rare, such resignations are often dramatic.

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8
Q

What are the three limbs of Collective Responsibility?

A

The three limbs of collective responsibility are:
Confidence - maintaining confidence in Parliament.

Unanimity - defending government policy.

Confidentiality - keeping Cabinet discussions private.

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9
Q

What does “Confidence” mean in Collective Responsibility?

A

In the past, a government had to step down if it lost support from most MPs, especially after losing a key vote.

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10
Q

Does losing major votes in Parliament always lead to a government resigning?

A

Losing important votes didn’t always make the government resign.

Examples: In 1976, spending plans were rejected, and in 1977, a plan to raise income tax was voted down.

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11
Q

How has the version of “Confidence” in Collective Responsibility changed?

A

The modern version requires a government to resign only after being defeated on an explicit no-confidence motion.

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12
Q

What is the rationale for the modern version of “Confidence”?

A

Governments are elected for their overall policy, not just one issue.

Failure on one issue doesn’t mean failure in others.

But losing a no-confidence vote means people no longer trust the government to lead.

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13
Q

When was the most recent example of a government resignation due to “Confidence”?

A

In 1979, the Labour government resigned after being defeated on an explicit no-confidence motion.

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14
Q

What does “Unanimity” mean in Collective Responsibility?

A

Unanimity means All Ministers must publicly support Cabinet decisions, even if they opposed the policy in Cabinet.

Ministers who can’t defend a policy should resign.

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15
Q

Why was the concept of “Unanimity” introduced?

A

Unanimity originated in the 17th century to protect Ministers from the King’s attempts to expose disagreements and undermine their power.

Today, it helps the public and businesses feel confident that the government is stable and working together.

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16
Q

What happened in 1985 with Michael Heseltine and the Westland issue?

A

In 1985, Micheal Heseltine resigned after the PM canceled a Cabinet meeting where he planned to present his argument on rescuing Westland helicopter company, violating the unanimity rule.

17
Q

Other examples of “Unanimity” violations?

A

Examples of unanimity violations are:
2018: Boris Johnson and David Davis resigned over disagreements with Theresa May’s Brexit policy.

Between 1966 and 1970, Richard Crossman’s diaries showed there was hidden disagreement about lowering the voting age.

18
Q

What is the “Suspension of collective solidarity”?

A

The suspension of collective solidarity is when Sometimes during referendums or sensitive issues, ministers can share different opinions in public without breaking the usual rule of unity:

2016: Ministers could speak for or against Brexit.

19
Q

What is “Confidentiality” in Collective Responsibility?

A

Confidentiality means
Ministers must keep discussions confidential and not reveal how colleagues argued or voted on issues.

Example: Michael Heseltine withheld reasons for his resignation until after leaving.

20
Q

Can Ministers explain their actions after resignation?

A

After resigning, ministers can explain their actions to Parliament, allowing MPs to assess the government’s performance.

21
Q

Why is confidentiality important in Cabinet?

A

Confidentiality is important in Cabinet because it ensures free debate without fear of leaks, maintaining the Cabinet’s proper function and unity.

22
Q

What happened in the “Crossman Diaries” case?

A

Richard Crossman, a Cabinet minister, wrote personal notes about Cabinet decisions. These were published after he died, even though the government tried to stop it.

23
Q

What was the ruling in the Crossman Diaries case?

A

In the Crossman Diaries case, Lord Widgery said ministers have a legal duty to keep things secret, based on common law, not just tradition. This duty lasts for 10 years unless it threatens national security.

24
Q

Why is the Crossman Diaries case important?

A

The Crossman Diaries important as It confirmed that ministers are legally required to keep things confidential, not just because of tradition, but under common law.

25
What is the case citation for the Crossman Diaries Case?
The case citation for the Crossman Diaries case is Attorney General v Jonathan Cape Ltd [1975]
26
What are the key aspects of Collective Ministerial Responsibility?
Confidence: Government must retain the House of Commons' support for its policies and actions. Unanimity: Ministers must publicly support all government policies or resign if they can't. Confidentiality: Ministers must keep all discussions and disagreements private.