Ministerial Responsibility Flashcards
(19 cards)
Ministerial Responsibility
A guideline for how ministers and the government should behave and conduct themselves through individual and collective responsibility
Despite being non-legal convention, the political backlash that occurs from breaking rules makes most follow them
Ministerial Code
Sets out the standard expected of minister’s conduct and provide the appropriate guidance on how to discharge their duties should they need to
Collective Responsibility
Marshall stated it to include three elements :
- Confidence
- Unanimity
- Confidentiality
Confidence
Government must ensure they don’t lose the HOC’s confidence
Should they lose it, they’re expected to either resign or call a general election
Unanimity
As seen in the MC, ministers, while in public, are expected to maintain a united front, waiting till private to argue freely
Unanimity Case
Short - Cabinet member warned for publicly disagreeing with PM
Confidentiality
Requires ministers to be provided a space in private for them to confidentially debate policies
Confidentiality Case
Braverman - Sacked for sharing confidential discussion with another MP
Agreements to Differ
For controversial issues, unanimity rules are set aside due to ministers likely possessing many different opinions and it therefore being unfair to sack them for this
e.g. EU Referendum 2016
Leaking
Information provided to journalists to be confidentially publicised meaning the information’s source is kept secret
Though allowed, it is not endorsed, being referred to as “undermining of trust and good government” by Sir Heywood
Individual Responsibility
Brazier stated ministers to have responsibility for :
- Private conduct
- General conduct of their department
- Acts done/left undone by civil servants
Private Conduct
Ministers must uphold “the highest standard of propriety” and avoid engagement in conflict of interests between public and private duties
Private Conduct Cases
Patel (2017) - Public duty
Patel (2020) - Minister chose not to resign, raising questions regarding enforceability
Johnson (19-22) - PM can be held responsible but it takes much longer
Conduct of Department
MC states “Ministers have a duty to account for the policies, decisions and actions of their department or agencies”
Conduct of Department Cases
Carrington - Resigned because it was his department
Truss - Forced out because of causing economic crisis
Acts Done/Left Undone by Civil Servants
Maxwell-Fye stated a civil servant must be protected by a minister who acts in accordance with their policies or makes a minor error unless it was made without minister’s permission or knowledge
Acts Done/Left Undone by Civil Servants Cases
Rudd - Instead of taking collective responsibility, one person was sacrificed
Sanctions
As the MC states, “ministers only remain in office for so long as they retain confidence of the PM”
Finer stated resignations to only occur when :
1.) minister wants to resign
2.) PM wants minister to resign
3.) Their party wants them to resign
Reforms
- Ministerial code in statute
- Labour ethics and integrity commission
- Independent investigation of MPs
- FOI
- Codification
