PM and the executive Flashcards
(34 cards)
Define Executive
the branch of government responsible for implementing (‘executing’) legislation. The executive includes the government and the civil service
Define Cabinet
a formal committee of leading government members, including heads of government departments
Define Ministers
Ministers oversee the work of, and run, the various government departments. They work with civil servants, who are not in the cabinet (although very senior and experienced civil servants may be asked to attend cabinet meetings).
Define Government department
A government department is a sector of the UK government that deals with a particular area of interest. Government departments are either ministerial or non-ministerial departments.
Define Royal Prerogative
The ‘royal prerogative’ refers to powers originally held by British monarchy on an absolutist, arbitrary basis, before the days of parliamentary democracy.
Such powers included the right to declare war, command armies and appoint generals, and to make peace and preside over treaties and conferences with other monarchs and their representatives.
Define Secondary legislation
Secondary legislation is law created by ministers (or other bodies) under powers given to them by an Act of Parliament.
It is used to fill in the details of Acts (primary legislation). These details provide practical measures that enable the law to be enforced and operate in daily life.
Secondary legislation can be used to set the date for when provisions of an Act will come into effect as law, or to amend existing laws.
Define Individual responsibility
Individual Ministerial Responsibility is a constitutional convention that makes Government Ministers responsible for not only their own actions, but also for those of their department. It is not to be confused with collective cabinet responsibility, which states that cabinet members must approve publicly of its collective decisions or resign.
Define Collective responsibility
Collective Cabinet Responsibility is the convention that Ministers agree on policy, and defend that policy in public thereafter. If a minister dissents openly, he must resign, or will be sacked. Thus, for example, two Lib Dem junior ministers resigned in 2010 rather than support the government policy increasing university tuition fees but the five Cabinet ministers supported it and kept their offices
Define Presidential government
A Presidential government is a system of government in which the head of government and head of state is one person, and typically the executive branch of government is separate from the legislative branch. In a Presidential executive, the President is not accountable to the legislature, and likewise cannot directly instruct it to do anything.
Outline the structure of PM
The prime minister is the single most important figure in the UK political system. He or she is the UK’s chief executive. But what this means in practice is the subject of considerable debate.
* Chairs the Cabinet and manages its agenda
* Appoints all members of the Cabinet and junior ministers, and decides who sits on Cabinet committees
* Organises the structure of government — can create, abolish or merge departments
Outline the Structure of the Cabinet
The cabinet in Britain has the following characteristics:
- It is composed of between 20 and 25 senior politicians, all appointed directly by the prime minister.
- Members of the cabinet must be members of either the House of Commons (i.e. they are MPs) or the House of Lords (i.e. peers).
- Normally one party wins an overall majority of the seats in the Commons and so forms a government alone. In this case all members of the cabinet will be from that governing party.
- Where, as in 2010, there was a coalition, the members of cabinet can be from either or all of the parties in a coalition. In 2010, therefore, there were both Conservative and Liberal Democrat members of the cabinet.
- Cabinet meets normally once a week, more often if there is a crisis or emergency
- The prime minister normally chairs the meetings. Together with the cabinet secretary, the most senior civil servant, the prime minister decides what will be discussed in the cabinet and notes in the minutes (the detailed accounts of meetings) what was decided.
- A number of cabinet committees are created to deal in detail with specific area of government policy. These have a small number of members (perhaps between four and six) and will be chaired by the prime minister or another senior cabinet member. Typical examples are defence, foreign affairs, environment, education health.
The minutes of Cabinet meeting remain secret for at least 30 years.
·Cabinet decisions are, in effect, official government policy.
· The prime minister has the power to dismiss ministers from the cabinet, to appoint new cabinet ministers, to create new cabinet posts or abolish old ones, and may move ministers around into different posts (known as a ‘reshuffle’).
Outline the structure of Government departments
· Each one responsible for an area of policy, e.g. the Ministry of Defence, Department for Transport
· Each headed by a Cabinet minister, supported by several junior ministers responsible for specific aspects of the work of the department
Outline the main roles of the executive
The executive decides how the country is run. The executive is, technically, responsible for executing or implementing government policy. As such, it is the ‘sharp end’ of government, the bit that impacts on the public. However, its role is much wider and more significant. It is the chief source of political leadership, and controls, most importantly, the policy process. In short, the executive ‘governs’. It represents the UK abroad and manages the defence of the country. It is responsible for public services including the National Health Service, welfare benefits and the criminal justice system. Since devolution, some of these functions have been transferred from the core executive in London to devolved bodies in Scotland, Wales and Northern Ireland.
The UK is unusual in that many of the organs of the executive are described as being under the control of the monarch, for example ‘Her Majesty’s ministers’ or ‘Her Majesty’s Treasury’. However, this is an illusion. In practice the executive branch is under the control of the prime minister (using his or her ‘prerogative powers’) and the cabinet. The civil service — the unelected permanent officials who serve the government — is expected to act in a neutral fashion, standing outside the party battle, and is forbidden from serving the political interests of the government, but it, too, is technically within the control of the prime minister, who is officially ‘head of the civil service.
Outline proposing legislation as a role of the UK executive
The executive introduces proposals for new laws, or amendments to existing laws. It announces a new programme at the start of each parliamentary session in the Queen’s speech, which is read out to both Houses of Parliament by the monarch, but is written by the government. For example, the May 2015 Queen’s speech reflected the priorities of the Conservative government that had just been elected under the leadership of David Cameron, including proposals for:
- an in/out referendum on the UK’s membership of the European Union
- measures to ensure that decisions affecting England, or England and Wales, would be taken only with the consent of MPs from those parts of the UK
- legislation to protect essential public services against strikes.
The executive does not, of course, confine itself to measures proposed in a party manifesto at a general election. It also has the power to introduce legislation to contend with emergencies, such as the threat of terrorism, and to amend existing statutes in order to bring the UK into line with international law. This is known as a ‘doctor’s mandate’. Ministers will often consult with interested parties, such as pressure groups and professional bodies, before introducing legislation. For example, in 2015 the Cameron government undertook a consultation exercise with employers on its proposal to introduce an apprenticeship levy,
Secondary legislation, or delegated legislation, is created without a new Parliament act, using powers from an earlier act. Statutory instruments are the most common form of secondary legislation, allowing the government to modify or repeal existing legislation without introducing a new bill. Critics argue that these instruments can be used for controversial changes, such as abolishing maintenance grants for university students and allowing fracking in national parks. Although Parliament can debate and reject statutory instruments, about two-thirds become law without being put before MPs.
Outline proposing the budget as a main role of the Uk Executive
The government needs to raise revenue in order to fund public services and to meet its spending priorities. The budget is created by the chancellor of the exchequer in consultation with the prime minister, and is revealed to the rest of the Cabinet shortly before it is delivered. The budget is an annual statement of the government’s plans for changes to taxation and public spending, presented to the House of Commons for its approval in March. If a new government comes to power after a general election, it introduces a budget of its own, even if the previous government has already presented one. For example, in June 2010 George Osborne, chancellor in the new coalition government, delivered an ‘emergency budget’ only 90 days after the previous Labour government’s budget.
Outline Making policy decisions as a function of the Uk executive
The executive has to decide how to give effect to its aims for the future direction of the country. Examples of important policy decisions taken by the 2010-15 coalition government include:
· streamlining the welfare system by introducing a single benefit for working-age people, known as Universal Credit
· allowing parents and voluntary groups to set up ‘free schools, independent of local councils
· introducing more competition into the National Health Service (at least in England) and putting GPs in control of the commissioning of care for patients.
Outline prerogative powers as a main power of the Executive
These are powers exercised by ministers that do not require parliamentary approval. They are collectively known as the royal prerogative and date from the time when the monarch had direct involvement in government. The monarch still has some personal prerogative powers, including the appointment of the prime minister and giving royal assent to legislation, but in exercising these, the monarch seeks to avoid controversy and acts under the direction of ministers.
Most prerogative powers are exercised by ministers acting on behalf of the Crown. These include:
■ making and ratifying treaties
■ international diplomacy, including recognition and relations with other states
■ deployment of the armed forces overseas
■ the prime minister’s patronage powers and ability to recommend the dissolution of parliament
■ the organisation of the civil service
■ the granting of pardons
Some prerogative powers have been clarified and limited in recent years. It has become a constitutional convention that parliament votes on the deployment of the armed forces overseas. Parliament voted against airstrikes on Syria in 2013 and then gave its approval in 2015. Prior to the Fixed-term Parliaments Act 2011, the prime minister could ask the monarch to dissolve parliament and call an early general election. Now, an early election can only be called if two-thirds of MPs approve in a vote in the House of Commons. In April 2017, MPs approved a motion for an early general election by 522 votes to 13. The prime minister’s powers to award honours and make public appointments have also been restricted.
Outline the concept of individual ministerial responsibility
Individual responsibility is the convention that defines the relationship between ministers and their departments. It has two main features:
- It implies that ministers are responsible to Parliament for the policies and actions of their departments. This is reflected in an obligation to inform and explain (via Question Time or select committees), but it may extend to resignation in the event of blunders or policy failures. In theory, individual responsibility implies that ministers take responsibility for the mistakes of their civil servants, but in practice they now only resign as a result of blunders that they have made personally (The conduct expected of ministers is set out in more detail in Questions on Procedure for Ministers (1992), The Ministerial Code (1999) and the Cabinet Manual (2011).)
- It implies that civil servants are responsible to their ministers. This suggests that civil servants should be loyal and supportive of whatever minister or government is in office, although if they have ethical concerns about a minister’s conduct they should refer these to the cabinet secretary.
The latest version states that ‘Ministers have a duty to Parliament to account, and be held to account, for the policies, decisions and actions of their departments and agencies’. They are obliged to give accurate information to Parliament, and if they knowingly mislead Parliament, they are expected to resign. Ministers are responsible for deciding how to conduct themselves but, importantly, they `only remain in office for so long as they retain the confidence of the prime minister’. The latters described as ‘the ultimate judge of the standards of behaviour expected of a minister and the appropriate consequences of a breach of those standards’.
Outline The erosion of ministerial responsibility
One factor that has eroded the concept of individual responsibility is the way in which, since the late 1980s, many government functions have been delegated to executive agencies under a director general, rather than a minister. This has led to some doubt about who is accountable, with the minister assuming responsibility for making overall policy, while the head of the agency exercises ‘operational responsibility’. For example, in 1995 the Home Secretary Michael Howard controversially sacked Derek Lewis, the director general of the Prisons Service, following criticism of the escape of prisoners from Parkhurst Jail.
The blurring of lines of accountability has meant that in some cases, civil servants rather than ministers have been held responsible for departmental errors. Traditionally civil servants were anonymous, taking neither credit nor blame for the actions of governments, but this has been eroded in recent decades. For example, in 2012 Transport Secretary Patrick McLoughlin admitted that mistakes had been made in the awarding of a franchise to companies to run trains on the West Coast Main Line. Three civil servants were suspended as a result, one of whom launched a successful legal action, leading to the officials’ reinstatement. Constitutional expert Professor Vernon Bogdanor made the case for the traditional relationship between ministers and civil servants. He argued that ministers were responsible for ensuring that officials had the necessary skills to carry out the work of the department, and that ministers should be in a position to assure Parliament that all was in order.
The first principle — that ministers must offer themselves to be accountable to Parliament — certainly operates successfully and is a key principle of UK government. However, there is no specific way in which Parliament can remove an individual minister. Parliament and its select committees can criticise a minister and call for their resignation, but whether or not they go is entirely in the hands of the prime minister. There was a time, long ago, when ministers did resign as a matter of principle when a serious mistake was made, but those days have largely passed. The last time a minister resigned as a result of errors made was when the education secretary, Estelle Morris, left her post voluntarily. In her resignation letter to Prime Minister Blair she said, ‘with some of the recent situations I have been involved in, I have not felt I have been as effective as I should be, or as effective as you need me to be’. This was a rare event indeed. Before and since, many ministers have experienced widespread criticism and have apologised for errors made, but have not resigned or been dismissed.
This erosion of the principle does not, however, extend to that which concerns personal conduct. Here, when ministers have fallen short of public standards, they have been quick to resign or been required to resign by the prime minister.
Outline the Case study of Suella Braverman `
In September2022 Braverman had to resign when serving under Liz Truss for breaking the the ministerial code on individual responsibility, she was then reinstated a few days later after the new PM Rishi Sunak made a deal to forgive her error in return for supporting his leadership.
In November 2023 she was sacked by Sunak for breaking individual and collective responsibility.
The rapid forgiveness of her transgression in 2022 and the tolerance she was shown before her second sacking are evidence of the erosion of IMR and the limits of CMR.
Outline the concept of ministerial responsibility
Collective ministerial responsibility is the convention that ministers must support all decisions of the government in public. It means that they are responsible as a group to Parliament and thus to the people, and that discussions in Cabinet should be confidential. If defeated in a vote of no confidence in the Commons, the government as a whole resigns. The practice is designed to maintain the unity of the government in face of attacks by the opposition. While ministers are free to argue their case with each other in private, once a decision has been reached it is binding on them all. If a minister cannot accept such a decision, in theory he or she should resign.
A prime minister’s authority is greatly enhanced by the fact that they will not experience open dissent from within the government. It is also important that the government presents a united front to the outside world, including Parliament and the media. Specifically, the government knows it can rely upon the votes of all ministers in any close division in the Commons. This is known as the payroll vote.
Outline the resignation of Robin Cook as a case study
Robin Cook resigned as Leader of the House of Commons the day before parliament was due to vote on the Blair government’s decision to join the USA in the invasion of Iraq without a second United Nations resolution. He had expressed concerns about military action in cabinet and resigned when he could no longer accept collective responsibility for the decision. Cook, a former foreign secretary, delivered a powerful resignation speech in the House of Commons. Secretary of state for international development Clare Short had publicly threatened to resign from the cabinet over policy on Iraq, but supported the government’s resolution in the Commons. She resigned 2months later.
Outline Exceptions to collective responsibility
Prime ministers have sometimes temporarily suspended collective responsibility to prevent ministerial resignations. In 1975, Harold Wilson allowed ministers to campaign for either a ‘yes’ or a ‘no’ vote during the European Economic Community (EEC) referendum, allowing a divided government to function more united on other issues. Since 1945, it has been necessary to suspend collective responsibility on two occasions, during both referendum campaigns on Britain’s membership of the European Union. In the 2016 EU referendum, Cameron allowed ministers to campaign to leave the EU, but denied access to civil service resources and required to support the government’s position on all other issues.
In 2019, Theresa May’s government suffered a devastating parliamentary defeat when 118 Eurosceptic Conservative MPs rebelled over her Brexit deal proposals. Critics suggested that the government should have resigned since it had been defeated on its leading manifesto commitment. However, after coming close to being defeated by Jeremy Corbyn in the 2017 general election, May was unwilling to risk another general election and Conservative MPs rallied around her, giving her a 19-vote majority. The Conservative Party’s divisions over the EU and Brexit have put collective individual ministerial responsibility under significant strain in recent years.
Outline why the selection of prime ministers ministers in cabinet is important
The power to appoint, reshuffle and dismiss ministers (hire and fire) belongs exclusively to the prime minister. There has only been one exception to this in recent times. As part of the negotiations to form the coalition in May 2010, David Cameron had to allow the Liberal Democrats five of the 22 Cabinet posts. Nominations to these (and to an agreed number of junior posts) were the preserve of the Liberal Democrat leader and Deputy Prime Minister, Nick Clegg. When a Liberal Democrat minister resigned, Clegg found a replacement from his own party. This meant that there was a formal constraint on the prime minister’s power of appointment. However, even in a single-party government a prime minister does not in practice have total freedom to appoint whom he or she wants. In practice the composition of a Cabinet will depend on a range of considerations.