Week 14: Governance and Good Governance Values, Accountability, Collective Ministerial Responsibility and Select Committees

Question 1

What are good governance values?

Answer 1

US: Federalist paper No.62: “first, fidelity to the object of government, which is the happiness of the people; secondly, a knowledge of the means by which that can be best attained” - not very specific

UK: 2008-09 Public Administration Select Committee recommend 5 things:
* good people
* good process
* good accountability
* good performance
* good standards (gov maintaining good ethical standard)

Question 2

Why are good governance values important?

Answer 2

Good governance is the responsible use of power to achieve positive outcomes for society.
Four basic controls of the state;
1. protecting its citizens
2. promoting the welfare of its citizens
3. enforcing justice
4. promoting truth and knowledge

Some element of gov. influence must be present in society > good governance value help to focus those on collective goals
Connection to democracy: gov dont get this power out of thin air, but the people give it to them

Question 3

Describe the requirements of the Government

Answer 3

Governments should govern in a way that serves the public interest
* Should make decisions advancing the public good and not act in a self-interested manner

Governments should be competent
* Government is a very large enterprise, and citizens are likely to engage with officials and public servants

Governments should be transparent and accountable
* Freedom of information

Question 4

What does accountability entail?

Answer 4

• a public forum
• to explain and justify conduct
• ask questions and pass judgement
• facing of consequences

A democratic constitution requires adequate and effective safeguards against governmental mistakes

Question 5

What are the 3 major types of accountability?

Answer 5

1. political
2. administrative
3. legal

Question 6

Describe political accountability

Answer 6

• The most important type of accountability within democracies
• Elections most emblematic form of political accountability
• Other mechanisms; Ministerial responsibility, public enquires, select committees

Question 7

Describe Administrative Accountability

Answer 7

Ensuring that Gov, implements policies etc. effectively and efficiently

• occurs on one level within government itself
• civil servants not subject to same political accountability as ministers

Other bodies contribute to overseeing gov actions

• National Audit Office
• Ombudsmen
• But, there are limitations to such bodies

Accountability systems do not work in isolation from one another

Question 8

How do elections ensure politicians are accountable to the public

Answer 8

• Sustained or increased voter share as a reward
• Loss in voter share can lead to changes in public policy
• Can sanction politicians who do not represent views of the public by voting someone else in
• Loss of majority in the House of Commons, leading to a change in government

Question 9

What style of elections does Scotland have

Answer 9

Mixed member proportional representation

Question 10

What are the strengths of Elections

Answer 10

Useful in providing citizen input (albeit indirectly) in the mandate of Government

• Continuing to vote for a particular MP (or political party) suggests satisfaction with current policies
• Other candidates can propose new policies, which can sway voters and change the Government’s mandate

Losing parliamentary seats can be an effective political sanction for MP’s who fail to meet their constituency’s expectations

• Reflects the relationship between citizens and politicians who represent them

Question 11

What are the weaknesses of elections

Answer 11

• The public does not get to elect those sitting at the House of Lords
• Depends on how informed the indivduals who vote are
• If they dont understand what good governance values are then they may not be a useful accountability tool
• If there is too much information it can inhibit ability to be useful tools

Apathy of the British public during elections

• In the 2019 election only 67.3% of the electorate turned out to vote
• “Wasted votes” – Turning votes into seats in a first past the post system. Individuals who vote for alternative candidates might actually waste their votes if their chosen candidate doesnt win the election in that constituency = this entrenches votes in the main parties
• Will politicians keep their promises or will they just use their power

Question 12

Explain referendums

Answer 12

The use of referendums worldwide is growing, and within the UK is no exception

• Since 1973: 12 referendums held in the UK

Referendums in the UK are advisory in nature – not legally binding on the UK Government

• But significant political consequences if the UK Government fails to “respect the result”

Referendums play a critical role in jurisdictions with a written constitution

• E.g. the Constitution of Ireland can only by amended by way of referendum

Question 13

Referendums - Strengths

Answer 13

Directly engages voters on the issues

• survey of the ‘national will’

Takes decisions out of the hands of political elites

Usually ensures a broad base of political support for (sometimes difficult) decisions

• E.g. the Irish abortion referendum in 2018

Question 14

Referendums - Weaknesses

Answer 14

• Form and style of the question can lead the voters to certain decisions
• Binding or not? Thresholds for particular outcomes?
• Campaign spending
• Voter fatigue (if there are many referendums in a year voters will disengage so no longer representative) and knowledge of the issues
• Quality of discourse - if there is no strong result in a referendum it can lead to a breakdown in discourse and a problematic issue of what happens after

Question 15

What is the nature of the Civil Service in the UK

Answer 15

“Civil servants are servants of the Crown. For all practical purposes the Crown in this context means and is represented by the Government of the day.” – Armstrong Memorandum

Question 16

Responsibilities of Civil Servants

Answer 16

• To support the Government in developing and implementing its policies and in delivering public services
• To “conduct themselves in such a way as to deserve and retain the confidence of Ministers” - Civil Service Code
• Some limitations: not obliged to act unlawfully

Question 17

Who are civil servants accountable to

Answer 17

• Ministers - who in turn are accountable to Parliament
• Central Agencies (e.g. the Treasury)
• Senior managers
• Co-ordination bodies between different departments
• Prime Minister or Cabinet Office

Question 18

Explain the dismissal of civil servants

Answer 18

In theory, Ministers can dismiss civil servants at any time:

• This power “is nonetheless real” despite the fact it is seldom used
• Unlikely to be successful today due to the protections granted by employment law
• How long do civil servants stay at a particular post?

Question 19

Describe Individual Ministerial Responsibility as an accountability tool

Answer 19

• Cabinet ministers are to be accountable for the actions of the depoartment that they are Head
• Ministers must be a member of the House of Commons and the House of Lords
• While individual ministerial responsibility serves as an important accountability tool in parliamentary democracies, its effectiveness depends on various factors including political culture, legal framework, media scrutiny, party discipline, scope of responsibility, and institutional checks and balances.
• When these factors align, individual ministerial responsibility can be a powerful mechanism for holding government ministers accountable

Question 20

Ministerial Responsibility - Strengths

Answer 20

• Can hold single Minister to account without having to sanction whole government
• Increases public trust and confidence in how Departments exercise their power
• Flexible– Ministers not responsible for every minor failure by civil servants

Question 21

Ministerial Responsibility - Weaknesses

Answer 21

• Lack of clear division between Minister and Civil Servant responsibilities (both work together)
• Erosion of Individual Ministerial Responsibility by increased prominence of civil servants
• Status of the Ministerial Code: legally binding or a matter of politics?
• MP’s can return as Ministers

Question 22

How are ministers held accountable

Answer 22

• “Ministers have a duty to Parliament to account, and be held to account, for the policies, decisions and actions of their Departments…” – House of Commons Hansard, 19 March 1997 Col. 1046
• Incorporated into the Ministerial Code
• Ministers must also give accurate and truthful information to Parliament
• If Ministers knowingly mislead Parliament, they will be expected to offer their resignation

Question 23

Example of Individual Ministerial Responsibility in process

Answer 23

The Windrush Scandal

• In 2018 many individuals living in the UK were wrongfully detained, denied legal rights and deported from the UK.
• This occurred against the Home Office’s “hostile environment” policy, which sought to reduce the number of immigrants to the UK.
• During parliamentary questions Amber Rudd, as Home Secretary, said that she was unaware of any “specific removal targets”
• Evidence that this was not the case was disclosed to journalists – either she had failed to read the memo, did not know the workings of her own department or misled Parliament
• Led to the resignation of Amber Rudd as Home Secretary

Question 24

Describe Collective Ministerial Responsibility

Answer 24

Fundamental convention of the British constitution, whereby the Government is collectively accountable to Parliament for its actions, decisions and policies.
* If a Minister personally disagrees with a Government policy, they must still publicly support it

Can be distinguished from Individual Ministerial Responsibility
* Collective = provides the means by which Parliament can hold the Government as a singular body to account
* Individual = provides the means by which Parliament can focus on an individual Minister

Applies to UK and devolved (Scottish and Welsh) Governments

Question 25

Is Collective Ministerial Responsibility a constutitional convention or a constitutional requirement

Answer 25

Constitutional convention
- in Ireland, they have a specific provision that says they must operate under CMR

Question 26

What case enforces Collective Ministerial Responsibility

Answer 26

Attorney General v Jonathan Cape Ltd [1975] 3 All ER 484
- court held that it did have the power to take action in order to protect and enforce collective ministerial responsibility

Question 27

Why is Collective Ministerial Responsibility important

Answer 27

• Collective Ministerial Responsibility is said to deliver confidence, unanimity and confidentiality
• Members of Government speak and vote as one
• Confidence of the House of Commons to command a majority
• Promote frank discussion on important issues

Question 28

What happens if a Minister breaches CMR

Answer 28

Traditionally, expected to resign
If they do not, might be “asked to leave”

Not every Minister who has breached CMR has left Gov
It is possible to become a Minister again in a new Government

Question 29

Collective Ministerial Responsibility - Weaknesses

Answer 29

• Original purpose was to protect the Government against an interfering monarch; applicable nowadays?
• Could be argued CMR is no longer applicable
• “Flexibility” of Collective Ministerial Responsibility - Suspended in 1975 and 2016 for the EU Referendums to allow ministers to vote with no reprecussions to political careers
• The practice of “leaking” - ministers may leak documents, disccusions or convos to show their disagreement of something they need to publicy agree with

Question 30

What are Select Committees?

Answer 30

Modern, comprehensive system of select committees introduced in 1979
* Cross-Party groups of MPs (not Ministers), Lords or both

Overall aim: “To hold Ministers and Departments to account for their policy and decision-making and to support the House in its control of the supply of public money and scrutiny of legislation” - House of Commons Liaison Committee

Question 31

Different types of select committees

Answer 31

Departmental
Cross-cutting (examines an individual issue)
Domestic (considers aspects of parliamentary procedure)
Legislative (concerned with the legislative process)

Question 32

Give examples of the work of select committees

Answer 32

• examine the strategy or policy proposals of a department
• examine implementation of legislation
• to conduct scrutiny of draft bills
• scrutinise appointments made by the department

Question 33

Difference of structure of Holyrood (Subject) Committees differ from Westminster (Select) Committees

Answer 33

• Mandatory and subject Committees in Holyrood can introduce legislation, unlike Westminster Select Committees
• Holyrood has merged, permanent, multi-functional committees

Both sets of committees in Holyrood have a greater workload than equivalent Select Committees
* Larger pressure on MSPs due to the size of Holyrood

Question 34

Describe the summoning of individuals to appear before the Select Committee

Answer 34

• Cannot summon MPs, Ministers or non-UK nationals (unless they are within the jurisdiction of the UK
• Practice is to informally invite individuals to appear; committees do have the power to summon
• Diversity of witnesses - without a wide range of different experiences, the select committee will be less equipped to take into account different viewpoint of their analysis and scrutiny of government decisions

Question 35

Effectiveness of Select Committees

Answer 35

Role of select committees is advisory – can only make recommendations, and Government is not obliged to accept findings

• But Government is expected to respond

Perception of committee positions within Government itself

• Many MPs and MSPs appear to prefer ministerial or shadow-ministerial positions over a position with a select committee
• Yet other MPs note that MPs on select committees have more power to influence Government than Junior Ministers

Benton & Russell (2013 study) identified a number of impacts:

* Acceptance of committee recommendations
* Influencing the policy debate; Spotlighting issues and altering policy priorities
* Brokering in policy disputes
* Providing expert evidence
* Holding Government and outside bodies accountable
* Exposure; Generating (Government/ministerial) fear

As committees became more effective, departments became more responsive to them and their recommendations