Ministerial Responsibility Flashcards
(15 cards)
What is ministerial responsibility?
All ministers are responsible for the policies, decisions & actions of government.
Where do ministers belong?
Cabinet
What are the 2 types of ministerial responsibility?
Collective
Individual
What is collective responsibility
All ministers in government must accept responsibility for the policies, decisions and actions, even if they don’t agree with them
What are the 3 limbs of collective responsibility
Confidence
Unanimity
Confidentiality
Explain the confidence limb & give an example
Defeat in an explicit no confidence motion means Commons has lost confidence - Labour 1979
Explain the unanimity limb & give an example
Requires all ministers to offer public support for all cabinet decisions even if they disagree with them
Boris Johnson & David Davis resigned from May’s Gov in 2018 since they didn’t support Gov’s Brexit policy
Explain the confidentiality limb & give an example
All ministers owe each other a duty of confidentiality. They shouldn’t reveal how colleagues argued or voted in particular disputes
Crossman diaries case. Publisher argued that Cabinet confidentiality duty has no legal basis & is merely a moral obligation
What is individual responsibility
Requires ministers to provide Parliament with full & accurate info relating to the conduct of governmental business within their portfolio
What do ministers have individual responsibility for? (3)
Personal conduct
Department policies & work
Accountability of civil servants
What is ministerial personal conduct
A higher standard of private conduct is required of ministers. Expected to adhere to ministerial code
Profumo affair - due to him lying, he had to resign
What is departmental policies & work
Ministers are responsible for everything their department does or fails to do. This includes decisions made by civil servants, errors in policy implementation & systemic issues. The buck stops with the minister
Amber Rudd Windrush Scandal - Misleading parliament & resigned
What is accountability of civil servants
“Civil servants are accountable to ministers who in turn are accountable to Parliament
What is the Carltona principle
It allows civil servants to act on behalf of Gov. ministers. Decisions made by a ministers department are treated as if they were made by the minister themself.
R v Adams
Gerry Adams detained on suspected terrorism
Interim Custody Order (ICO) made on belief that “Secretary of State,” that the person was involved in terrorist activities
ICO signed by a junior minister
Adams appealed questioning legality of ICO
If Carltona applies, then it doesn’t matter that a junior minister issued the ICO
