3. prime minister and the executive Flashcards
the uk executive
- executive is another term for government
- in the british system of parliamentary democracy, the members of the government sit within the legislature and are accountable to it (fusion of powers)
- the most important elements of the executive are the prime minister and the cabinet
- the cabinet comprises the heads of the department of state such as the home secretary and foreign secretary as well as the chief whip
- in addition to this, more junior ministers are also members of the government although they don’t generally attend cabinet
- the executive is the branch of government concerned with the formulation and implementation of policy
- it is the heart of the government, providing both the ‘high politics’ of national leadership and the mundane day to day administration of government
members of the executive
- prime minister (rishi sunak)
- cabinet
- ministers
- government departments
members of the core executive
- prime minister
- cabinet
- cabinet committees
- senior civil servant and top SPADs (special adviser)
the core executive
- comprises of the ministers, senior civil servants and political advisers whom the prime minister freely confides in when developing policy (they are not voted in)
- they are considered the most important elements of government
civil servants and SPADs
- the executive is also served by senior servants who run the administration of the departments of state and implement government policies
- the most important of these is the chief secretary to the cabinet, the country’s most senior civil servant who provides impartial guidance to the prime minister and taking the minutes of the cabinet meetings
- the prime minster will take advice from key political advisers who work for them in institutions such as the cabinet office and the policy unit at 10 Downing Street
- it is their job to advise the government on the development of policy ideas and initiatives
civil servants
- government departments are staffed by civil servants (officials that are appointed by the crown)
- some civil servants provide policy advice to ministers and in doing so, they may have advantages over minsters such as experience, expertise and access to information
- civil servants are required to provide impartial advice but can define which policy options are practicable and affordable
- civil servants should operate according to 4 principles: impartiality, anonymity, permanence and meritocracy
SPADs
- ministers employ special advisers to carry out policy advice or media liaison roles, the latter being known as spin doctors
- special advisers are political appointments employed as temporary civil servants
- in 2015, there were 93 special advisers across government, more than double the amount employed in the early 1990s
- in 2021, there was 133 SPADs, cost total of £11.9 million to the taxpayer
policy decisions (how they govern)
- it introduces into parliament proposals for new legislation based on the manifesto that it fought the general election on
- these comprise of the queen’s speech, which is delivered at the state opening of each new parliament to both the commons and the lords
proposing legislation (how they govern)
- it introduces legislation into parliament in response to changing circumstances
- this is known as ‘the doctor’s mandate’ and the queen’s speech always makes reference to this with the sentence ‘other measure will be laid before you’
proposing a budget (how they govern)
- it introduces a budget which will determine how the government proposes to raise revenue
- this will be presented to parliament in the autumn and will have been drawn up by the chancellor of the exchequer in negotiation with the PM
secondary legislation (how they govern)
- it can introduce secondary or delegated legislation
- this means that when legislation has already been passed by parliament, it can be modified by the government without the need for primary legislation
- statutory instruments sometimes known as Henry VIII clauses are used to make these changes and have been criticised for being undemocratic as they seek to bypass full parliamentary scrutiny and debate
- in 2016, statutory instruments were deployed to abolish maintenance grants for university students and to allow fracking to take place in national parks
elective dictatorship
the view that the prime minister dominates the executive and is effectively a dictator who has acquired power indirectly from the election of their party
the main powers of the executive
- royal prerogative powers
- secondary legislative powers
- initiation of legislation
prerogative powers
- these are powers exercised by ministers that do not require parliamentary approval
- they are collectively known as the royal prerogative powers and date from the time when the monarch has direct involvement in the government
- the monarch still has some personal prerogative power, including the appointment of the prime minister and giving royal assent to legislation
most prerogative powers are excercise by ministers acting on behalf of the crown and these include
- making and ratifying treaties
- international diplomacy, including recognition and relations with other states
- deployment of armed forces over seas
- the prime minister’s patronage powers and ability to recommend the dissolution of parliament
- the organisation of the civil service
- the granting of pardons
prerogative powers over time
- some prerogative powers change over time, some of which have been clarified and limited in recent years
- it has become constitutional convention that parliament votes on deployment of the armed forces over seas
- parliament voted against air strikes on Syria in 2013 and then gave its approval in 2015
- prior to the fixed term parliament act, (2011), the prime minister could ask the monarch to dissolve parliament and call an election at any time
ministerial code
- neither convention nor law
- the ministerial code was first published in 1992 and formed part of the constitution
- it’s publication increased its importance as a set of rules for ministers
- the latest version was issued by David Cameron
- in 2006, Blair announced that he had appointed the controller and auditor general, sir John bourn, to act as independent advisor on ministerial interests
- his role was to give confidential advice on request from ministers and to conduct investigations at the request of the pm
- in 2007, Gordon brown, announced that he had appointed the parliamentary commissioner for standards, as independent advisor and he has the duty to investigate allegations of breaches of the code at the instigation of the pm
- most recently, there has been controversy over the decision of the pm not to refer Jeremy hunt to the independent advisor
- the pm has referred to stronger guidance for special advisors and ministers on quasi-judicial decisions in his evidence to the leveson inquiry on 14 June 2012
individual responsibility
a convention which states that ministers must:
- accept the responsibility for the actions of their department
- behave appropriately in their personal life
- be comptent
collective responsibility
- regarded as one of the corner stones of cabinet government in the uk
- the convention states that any member of government (including junior ministers) must publically support and promote government policy
- there may be disagreement in private but everyone must agree in public
- if a minister is unable to do this, they must resign from government
- the convention is needed to maintain a united public face in order to ensure confidence and public support are maintained for the government
- the coalition relaxed the convention of collective ministerial responsibility
- the coalition agreement set out a range of policies which both parties have adhered to
- the absence of notable resignations and the unity of the coalition government would tend to suggest that the convention of collective responsibility remained a significant force even in a coalition government
the nolan principles/seven principles of public life
- defined by the committee for standards in public life
- in reference to individual ministerial responsibility
- selflessness: holders of public office should act solely in terms of the public interest, they should not do so in order to gain financial or other benefits for themselves,, their family or friends
- integrity: holders of public office should not place themselves under any financial or other obligation to outside individuals or organisations that might seek to influence them in the performance of their official duties
- objectivity: in carrying out public business, including making public appointments, awarding contracts, or recommending individuals for rewards and benefits, holders of public office should make choices on merit
- accountability: holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office
- openness: holders of public office should be as open as possible about all the decisions and actions that they take; they should give reasons for their decisions and restrict information only when the wider public interest clearly demands it
- honesty: holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects public interest
- leadership: holders of public office should promote and support these principles by leadership and example
Robin Cook (2003)
- resigned over going to war in Iraq
- the war didn’t have any international agreement or support
- by convention ministers resign by letter, not through parliament as he did
- the house then didn’t consult on this and the government had the prerogative power to go to war
- example of collective ministerial responsibility
Micheal Heseltine (1986)
- the westland affair
- heseltine (secretary of state for defence) went public over a dispute between himself and thatcher
- the argument was over the future of Westland helicopters, Britain’s last helicopter manufacturers, which was subject to a rescue bid
- heseltine favoured the European solution
- thatcher and the trade and industry secretary, leon brittan, wanted to see Westland merge with Sikorsky, an american company
- brittan resigned shortly after heseltine due to the leaking of a document accusing heseltine of reporting inaccuracies about the affair
- collective ministerial responsibility
when they don’t resign over collective responsibility
- collective responsibility can be suspended
- this type of agreement to differ within cabinet doesn’t happen often
- examples: in tariff reform in 1932 and three times over European membership (1975, 1977, 2016)
- leaks occur, it was reported in the independent that May had ordered a crackdown on unauthorised leaks by ministers and civil servants with a warning that culprits will face instant dismissal if they were caught
- current examples are provided weekly with reports of cabinet splits over brexit
Andrew Mitchell
- ‘plebgate’
- example of individual responsibility
- he was the then chief whip of government and was accused of calling a police office a pleb
- and then had to resign
doctrine of individual ministerial responsibility
- ministers are responsible for both their actions and those of their ministries
- it requires ministers to ensure that they and their ministries are free from waste, misconduct and dishonesty
- ministers are required to relinquish their posts if their wrongdoings are exposed
the doctrine of collective ministerial responsibility
- ministers are required to provide public support and approval for cabinet decisions
- it permits full discussion and debate within the cabinet and strong unity/direction once a decision has been taken
- if ministers can’t support decisions made in cabinet they must resign
- if they refuse to resign, they can be sacked
in 2022, the conservative government has the largest commons majority since 2001
the high turnover of ministers since 2017 has resulted in a relatively inexperienced cabinet, potentially limiting the ability of the government to function effectively and to deliver its election manifesto promises
Boris Johnson
- collective responsibility
- july 2018
- as the then secretary of state for foreign and commonwealth affairs, resigned by citing that he could not in good conscience support the deal with the EU that was agreed by the PM
- three days after the cabinet had met to agree on a brexit strategy, Johnson resigned his cabinet post in opposition to the agreement