3. Prime Minister and Executive Flashcards
What is the executive?
The decision-making branch of government, centred on the prime minister and Cabinet and its committees
What is cabinet?
The group of senior ministers, chaired by the prime minister, which is the main collective decision-making body in the government
What is a minister?
A member of either the House of Commons or the House of Lords who serves in government, usually exercising specific responsibilities in a department
What is the ‘government department’?
A part of the executive, usually with specific responsibility over an area such as education, health or defence
What is the structure of the executive?
- Prime Minister: Head of the executive who 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
- The Cabinet: Consists of 20 to 23 senior ministers, including those who hold the title Secretary of State, Several senior figures are not members of the Cabinet but attend its meetings, Administrative support and help in delivering policy is provided by the Cabinet Office, headed by the Cabinet secretary, the UK’s most senior civil servant, many decisions taken in Cabinet committees, which deal with particular areas of policy such as economic affairs and national security
- 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
- Executive agencies: Semi-independent bodies that carry out some of the functions of government departments, for example, the DVLA (Driver and Vehicle Licensing Agency) is overseen by the Department for Transport
What is the hierarchy of a typical government department (example)?
- Justice Greening MP - Secretary of State for Education (also Minister for Women and Equalities) - leads the department
⬇️ - Junior ministers - Nick Gibb MP - Minister of State for School Standards, Jo Johnson MP - Minister of State for Universities, Science, Research and Innovation, Robert Halfon MP - Minister of State for Apprenticeship and Skills, Edward Timpson MP - Minister of State for Vulnerable Children and Families
⬇️ - Caroline Dinenage MP - Parliamentary Under Secretary of State for Women, Equalities and Early Years, Lord Nash - Parliamentary Under Secretary of State for the School System
What are the main roles of the executive?
- Proposing legislation
- Proposing the budget
- Making policy decisions
How is ‘proposing legislation’ a main role of executive?
- The executive introduces proposals for new laws or amendments to existing laws. It announces a new programme at the start of each parliament session in the Queen’s speech, which is read out to both House of Parliament by the monarch, but is written by the government. E.g. the May 2015 Queen’s speech reflected the priorities of the Conservative government that had just been elected under the leadership of David Cameron
- The executive doesn’t 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, a requirement for large companies to contribute towards the cost of training new workers. This was introduced in 2017
How is ‘proposing the budget’ a main role of 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
- In recent years, the budget has been presented to the House of Commons for approval in March, but this moved to November from 2017. 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
How is ‘making policy decisions’ a main role of 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
What are the main powers of the executive?
- Royal prerogative powers
- Initiation of legislation
- Secondary legislation
How is royal prerogative powers a main power of the executive?
- They are powers that historically belonged to the Crown, but which over time have been transferred to the prime minister or other ministers. Many of these are not properly defined. They are not set out in statutes but are based largely on the practice of previous governments
- Both Gordon Brown’s Labour government (2007-10) and the coalition government (2010-15) were open to the idea of placing some prerogative powers under parliamentary authority
- Two powers have been abolished or reformed (2011 Fixed Term Parliaments Act and the idea that military action requires prior parliamentary approval)
What are the main prerogative powers?
- Award honours (a handful are given personally by the monarch)
- Declare war and authorise the use of the armed forces
- Sign treaties
- Take action to maintain order in case of emergency
- Grant and withdraw passports
- Grant legal pardons
- Appoint ministers and other senior officers holders
What is royal prerogative?
A set of powers and privileges belonging to the monarch but normally exercised by the prime minister or Cabinet, such as the granting of honours or of legal pardons
How is ‘Initiation of legislation’ a main power of the executive?
- The executive controls most of the parliamentary time available for legislation. The exceptions to this are 20 opposition days, 13 days set aside for private member’s bills, and a variable amount of time allocated for debates chosen by the Backbench Business Committee. Legislation can be introduced in either the Commons or the Lords but it is usual for the most important bills to go to the Commons first
- If the government has a majority in the Commons, it can usually rely on the party whipping system and the power of patronage to push through its programme. Rebellions can occur, although it is rare for a government to be defeated on the second or third reading of a bill
- The executive has several tools to strengthen its hold over the passage of legislation. The guillotine (‘allocation of time’ motion) which dates back to 1887, is a procedure that allows the government to curtail debate on the individual clauses of a bill. It applies only in the Commons. An attempt by the Cameron government to use the guillotine in a Lords debate on the redrawing of constituency boundaries was abandoned after opposition in 2011. The programming motion, introduced by the Blair government, enables the executive to set out in advance the time limits for each stage in the passage of a bill. In addition, since 2002 it has been possible for the government to carry over uncompleted legislation from one session to another, without having to start again from the beginning of the legislative process in the new session
How is ‘secondary (or delegated) legislation’ a main power of the executive?
- It’s law made without passing a new act of parliament. Instead the government uses powers created by an earlier act. The most common form of secondary legislation is statutory instruments. These enable a government to modify or repeal existing legislation without introducing a new bill. Clearly it would be pointlessly time-consuming to enact new legislation every time the government needs to amend or update the detail of existing regulations
- However, critics have raised concerns about the growing use of statutory instruments to make more controversial changes. E.g. in 2016 statutory instruments were used to abolish maintenance grants for university students and to allow fracking in national parks
- Opposition politicians and press commentators argued that the government was sneaking these changes through the back door. Statutory instruments are sometimes called ‘Henry VIII clauses’ because they enable the government to evade parliamentary scrutiny. Although parliament can debate and, in theory, reject a statutory instrument, about two-thirds of them simply become law on a specified date in the future, without being put before MPs
What is secondary legislation?
Powers given to the executive by parliament to make changes to the law, within certain specific rules
What is the idea/ concept around individual ministerial responsibility?
- The idea that ministers are responsible for running of their department and its policies. They also have responsibility for the standard of their own personal conduct.
- The official definition of individual responsibility is set out in a document known as the Ministerial Code, issued at the start of a new government by the prime minister. 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 latter is described as ‘the ultimate judge of the standards of behaviour expected of a minister and the appropriate consequences of a breach of those standards’