Central Government and Accountability Flashcards
Are cabinet discussions available for the public to see?
No, cabinet discussions are confidential
Can a minister take a different view on a point decided by cabinet?
No, cabinet decisions bind all ministers
Can the PM make a decision that binds cabinet by informing them that the decision has been made?
Yes, after consulting select ministers and advisers
Who heads up a government department?
A Secretary of State
Where do government departments derive their authority?
Statute or Royal Prerogative
What is the Carltona Doctrine?
When Parliament grants a power to a Secretary of State, Parliament accepts that in practice the power can be exercised by a civil servant in that SOS’s department
What is the purpose of government departments?
- Govern according to law and policy (implementation)
- Develop new policy
What happens when government needs to implement new policy?
It introduces a bill to parliament to change the law and give it the power to implement said policy
To whom do civil servants owe their duties?
The Crown, not the minister
What is the main function of the Privy Council?
To pass Orders In Council (type of legislation)
Where does the Privy Council derive its legislative function from?
Royal prerogative and statute
What type of legislation are Orders in Council?
Those made under Royal Prerogative are primary legislation and others made under statute are secondary legislation
Give examples of Orders in Council?
Approving text of Royal Charters creating new public institutions, universities or learned societies
Who appoints the privy council and for what term are they appointed?
Monarch on advice from the PM, for life
All Cabinet Ministers are appointed
How does the Privy Council meet?
In secret with the Monarch who is joined by Three PC members, who are all government ministers
What is the Judicial Committee of the Privy Council?
Hears appeals on points of law from some Commonwealth Nations or British Overseas Territories (Bahamas, Jamaica, Caribbean, Falkland, cayman)
Who is the Judicial Committee of the Privy Council made up of?
Supreme Court Justices appointed to the role by the Privy Council
What are the two key elements of collective responsibility of the government?
- Confidentiality of discussions
- Unanimity among ministers once a decision is made
Can a Minister dissent in public about a decision made by the Cabinet?
No, if he does not support it, he must resign
Name the key aspects of Individual Responsibility of Ministers?
- Duty not to mislead parliament
- Responsibility and accountability for their department
- Conducting themselves well in private
Explain the Ministerial Duty to not mislead parliament?
Ministers must give accurate information or correct inaccurate information
What happens when a Minister knowingly misled parliament?
They are expected to resign
Explain the duty to (i) give account and (ii) take responsibility that a Minister has ?
- Give account = respond to concerns/criticisms of Parliament to ensure confidence of Parliament in that department
- take responsibility for actions of their department (including resignation)
What is the difference between a policy failure and an operational failure?
Policy failure is something the Minister accounts for, operational failures will entitle the minister to give an account and take steps to avoid a future failure
