Week 2 - Ministerial Responsibility Flashcards
1
Q
What is Ministerial Responsibility?
A
- A constitutional convention
- All Ministers are responsible to Parliament for the policies, decisions, and actions of the government
- Government’s policies are formulated and refined in the Cabinet
- No legal structure
- Structures the conduct of government activities
- Relations between Ministers
- Relations between Ministers and Parliament
2
Q
Two types of Ministerial responsibility
A
Collective & Individual responsibility
3
Q
What is Collective Responsibility?
A
- All Ministers in the government must accept responsibility for the policies, decisions, and actions of the government, even if they did not personally develop or take them, and even if they personally disagree with them
- All Ministers must be prepared to defend government policy in Parliament
- If a Minister personally disagrees with a decision or a policy of the government
and is not prepared to publicly defend it, the Minister must resign from the government (rarely happens)
4
Q
What are the three limbs of Collective Responsibility?
A
- Confidence
- Unanimity
- Confidentiality
5
Q
Collective Responsibility - Confidence
A
- Confidence means that the government as a whole must retain the support of the House of Commons for its policies, decisions, and actions.
- Traditionally, if a government lost a vote on a major policy issue, it was expected to resign
- Now, a government is only required to step down if it is defeated on an explicit vote of no confidence.
6
Q
Why has the principle of confidence in Collective Responsibility changed over time?
A
- Governments are normally not elected because of their policy on a single issue, but because of the overall package of policies they offer
- Government’s failure to command majority on a single issue does not mean that it cannot do so in other areas
- But if the Commons formally declares no confidence, that signals a complete breakdown in government legitimacy, and resignation becomes necessary.
- e.g the Labour government in 1979, which resigned after losing a vote of no confidence.
7
Q
Collective Responsibility - Unanimity
A
- Requires that all Ministers publicly support government policies, even if they disagreed during Cabinet discussions
- If a Minister finds a policy completely unacceptable and cannot support it publicly, they are expected to resign from the government.
- Arose originally in 17th century to protect Ministers from the King’s attempts to undermine their power by exposing or encouraging public arguments
- Today, its rationale has shifted to maintaining public confidence in the unity and stability of the government, ensuring that policy decisions appear consistent and authoritative.
8
Q
Examples of resignations because of unanimity (Collective responsibility)
A
- Michael Heseltine resigned in 1985 over the Westland helicopter dispute, arguing that the Cabinet violated this principle by preventing proper discussion.
- Boris Johnson and David Davis resigned from Theresa May’s government in 2018 since they did not support the government’s Brexit policy
9
Q
Suspension of the unanimity rule (Collective Responsibility)
A
- In 1975, Labour PM Harold Wilson allowed Cabinet members to campaign on both sides in the referendum on whether the UK should remain in the European Economic Community
- In 2016, Government Ministers were free to argue for or against Brexit within the context of the Brexit referendum
10
Q
Collective Responsibility - Confidentiality
A
- Ensures that Cabinet discussions remain private
- All Ministers owe each other a duty of confidentiality – they should not reveal how colleagues argued or voted in particular disputes
- This protects government unity and prevents external forces from exploiting internal divisions.
- Ministers, however, are given the opportunity to offer reasons for their action to Parliament
- Enables MPs to evaluate government’s performance
11
Q
Breaches of confidentiality (Collective Responsibility)
A
The Crossman Diaries Case – Attorney General v Jonathan Cape Ltd
- Richard Crossman, a member of Harold Wilson’s Cabinet between 1964-1970, kept a comprehensive personal account of Cabinet decisions to publish after his retirement
- He died prematurely and his widow decided to publish his diaries, with extracts appearing in The Sunday Times
- Gov sought an injunction to prevent further publication, arguing that Ministers had a legal duty to keep Cabinet discussions private
- The court ruled that this duty exists, but it expires after 10 years, unless disclosure threatens national security
12
Q
What is Individual Responsibility?
A
- A constitutional convention that holds government ministers personally accountable for their actions
- requires that ministers provide Parliament with full and accurate information relating to the conduct of governmental business within their portfolio
- Must follow the Ministerial Code - “Ministers have a duty to Parliament to account, and be held to account, for the policies, decisions and actions of their departments and agencies.”
13
Q
What do ministers have Individual Responsibility for?
A
- their personal conduct
- the policies and work of their specific government department or portfolio within a department
- acts and omissions of their civil servants
14
Q
Individual Responsibility - Personal Conduct
A
- Ministers are expected to uphold the highest standards of integrity, honesty, and propriety in both their official and private lives.
- Ministers are expected to follow the Ministerial Code, which includes avoiding conflicts of interest, respecting propriety, and acting with honesty
- If a minister’s personal behaviour undermines public trust or brings the government into disrepute, they may face calls to resign—though whether they step down often depends on political pressure.
15
Q
Examples of Personal Conduct (Individual Responsibility)
A
- John Profumo (1963) resigned after lying to Parliament about his affair with Christine Keeler, which had national security implications.
- Matt Hancock (2021) stepped down after breaching his own COVID-19 rules, weakening public trust in his leadership.
- Priti Patel (2020) faced allegations of bullying, but remained in office after the Prime Minister decided there was no breach of the Code.
16
Q
Individual Responsibility - Department Policies and Work
A
- Ministers are responsible for everything their department does or fails to do
- This includes decisions made by civil servants, errors in policy
implementation, and even systemic issues - The idea is that Ministers provide leadership and oversight – if something goes wrong in the department, the buck stops with the Minister
17
Q
Examples of Departmental Responsibility (Individual Responsibility)
A
- Amber Rudd (2018) – Windrush scandal: As Home Secretary, Rudd resigned after misleading Parliament about deportation targets related to the Windrush generation. Even though she claimed she was unaware of the issue, she took responsibility for her department’s actions
- Liz Truss and Kwasi Kwarteng (2022) – Economic crisis: Truss’s government introduced a mini-budget that caused market turmoil. First, Kwarteng was dismissed as Chancellor, then Truss herself resigned when her leadership became untenable.
18
Q
Individual Responsibility - Civil Service
A
- Ministers are accountable for the actions and decisions of civil servants working under them—even though they do not personally make every decision.
- Cabinet Manual states: “Civil servants are accountable to ministers, who in turn are accountable to Parliament”
- Osmotherly Rules state: “Civil servants who give evidence to Select Committees do so on behalf of their Ministers and under their directions”
19
Q
The Carltona Principle
A
- Allows civil servants to exercise ministerial powers on behalf of ministers
- Ministers cannot realistically handle every decision themselves—impossible
- Civil servants act on behalf of ministers, but the minister remains responsible for their decisions.
- e.g. Department for Work and Pensions making millions of decisions each year on whether claimants qualify for social security benefits – the Minister does not take these decisions, civil servant working for the Minister do
20
Q
Examples of Civil Service accountability - Individual Responsibility
A
- Carltona Ltd v Commissioners of Works (1943) - The court ruled that ministers cannot personally oversee all decisions, so delegation to civil servants is essential for government efficiency. However, if something goes wrong, the minister is still accountable to Parliament.
- R v Adams (2020) - The case questioned whether ministerial powers could be delegated to junior ministers under Carltona.
The Supreme Court ruled that delegation is not automatic—it depends on the seriousness of the decision and the wording of the law.
