Chapter 4: Responsible Government

Question 1

1 Prime Minister, Cabinet and collective responsibility

The role of the Prime Minister

Answer 1

The Central Executive comprises the Prime Minister (PM) and the Cabinet. The Prime Minister is the political head of the UK government. It is said that ‘the King appoints the Prime Minister’, but this is a ceremonial formality.

The King does not, in practice, have any power to choose the PM. The conventional position is that the leader of the political party, which is ‘able to command the confidence of the House of Commons’, will become PM. In most situations, this will be the leader of the political party which has a majority of seats in the House of Commons.

Question 2

1.2 The Prime Minister’s powers

Very few powers of law but significant powers in convention

Answer 2

• Advising the King to appoint or remove ministers – this advice is, by convention, always
  followed.
• Determining the size and composition of the Cabinet
• Determining and coordinating the general policy direction of the government
• Determining the subject matter and composition of Cabinet committees
• Determining when the Cabinet meets
• Determining the agenda for Cabinet discussion

The PM is also the Minister for the Civil Service, and First Lord of the Treasury.

Question 3

1.3 The Cabinet Office

Helping government attain policy goals

Answer 3

The Cabinet Office is a department of the UK Government. Its purpose is to support the PM and the Cabinet and ensure that the Civil Service (the politically neutral central government administration) helps the government attain its policy goals. The Prime Minister is also a Minister of the Cabinet Office. Other ministers include the Leader of the House of Commons and, if someone is selected (this depends on political circumstances), a
Deputy Prime Minister.

Question 4

Cabinet Office and the Cabinet Secretary

Answer 4

The Head of the Civil Service is the senior government official within the Cabinet Office,
operating as the Cabinet Secretary.

The Cabinet Office has responsibility for the following key areas of government policy:
* Political and constitutional reform
* The Civil Service
* Supporting the National Security Council and Joint Intelligence Organisation
* The Independent Parliamentary Standards Authority

Question 5

1.4 The Privy Council

Answer 5

Today, the ‘privy counsellors’ – numbering over 700 – are individuals who hold, or have held, high political or judicial office. However, the majority play no part in the Privy Council’s day-to-day business, which is mostly conducted by government ministers. The Privy Council ‘advises’ the monarch on the exercise of the royal prerogative. It meets to secure the monarch’s formal approval of documents which have already been approved by the Cabinet, or by government departments.

Question 6

Secret Proceedings

Answer 6

Proceedings of the Privy Council are secret. Its members (which include each member of the
Cabinet) swear an oath of allegiance, which includes a promise to ‘keep secret all matters revealed or treated of in the privy council’. Leaders of opposition parties are also appointed, so that they can be given classified information,
if necessary.

Question 7

1.5 The Privy Council at work

Proroguing Parliament

Answer 7

In September 2019, following a meeting of the Privy Council at the Balmoral Estate, the late Queen agreed to the Prime Minister’s request to exercise her royal prerogative to ‘prorogue’ Parliament. Parliament’s consent was not required.

Question 8

Miller v The Prime Minister
(No 2) [2019] UKSC 41.

Answer 8

The rules formalised by the Privy Council (known as ‘Orders in Council’) do not always attract
much political and media attention, however. The variety and scope of the matters to which the orders and proclamations relate, and which obtain the force of law without Parliamentary criticism, are worthy of comment, extending as they do from the regulation of colonial institutions to the formulation of rules relating to the details of domestic administration.

(Halsbury’s Laws of England, Volume 20, 4 (4) 272)

Question 9

1.6 The Cabinet (The Oath of Secrecy)

Answer 9

The Cabinet is the body of senior ministers at the heart of the central executive. It is chaired by
the Prime Minister and meets weekly, while Parliament is sitting.
It is comprised of the senior ministers – Secretaries of State – in each government department, the Lord Chancellor and a few other senior ministers, such as the Chief Secretary to the Treasury and the Leader of the House of Commons. It exists as a matter of convention. Its powers are not found in legislation. Cabinet Ministers are also Privy Counsellors and bound by an oath of secrecy.

Question 10

Cabinet is the ultimate decision-making body of government

Answer 10

Cabinet is the ultimate decision-making body of government. The purpose of Cabinet and its
committees is to provide a framework for ministers to consider and make collective decisions on policy issues.
(The Cabinet Manual, para 4.1)

Question 11

1.7 Cabinet committees/ COBRA’ committee

Answer 11

To relieve the pressure on decision-making, a number of cabinet committees exist to deal with specific areas of government administration, such as national security. The number, terms of reference and subject matter of these committees is within the Prime Minister’s control.

Cabinet committee decisions have the same status as decisions of the full Cabinet. You may have heard of the ‘COBRA’ committee in the context of national emergencies. COBR stands for Cabinet Office Briefing Room and it provides the mechanism for agreeing government response to major emergencies such as a terrorist attack or pandemic.

Meetings of COBR are Cabinet committee meetings, but there is no fixed membership so that the
government department with responsibility for the issue under consideration can take the lead.

Question 12

1.8 Collective ministerial responsibility

Answer 12

The decisions made by Cabinet and its committees are subject to the ‘doctrine’ or convention of
collective ministerial responsibility (CMR). This means that all government ministers are bound by the collective decisions of Cabinet.

Three parts to the convention

1) Confidentiality
2) Unanimity
3) Confidence

Question 13

1.8.1 Confidentiality

Answer 13

Under the convention there is a duty on ministers not to disclose confidential matters discussed in
Cabinet. This information extends to Cabinet papers and also to ministerial memoirs, which have
to be approved for publication.

In Attorney-General v Jonathan Cape [1976] QB 752, which concerned the publication of the
diaries of the late Richard Crossman

Question 14

Cabinet minister in Harold Wilson’s government

Answer 14

Lord Widgery CJ recognised the significance of the convention. He added, tellingly: ‘I find
overwhelming evidence that the doctrine of joint responsibility is generally understood and
practised, and equally strong evidence that it is on occasion ignored.’

Question 15

Breach of Confidence

Answer 15

The case is notable for the failure of the Attorney-General’s argument that the convention could be enforced in the courts in its own right. However, the court did accept that in some
circumstances (though not in these, given the length of time that had elapsed since the relevant events) the accepted legal cause of action of breach of confidence could potentially extend to Cabinet information.
Widgery’s comment also appears to refer to the practice of unattributable briefing of journalists by ministers, which can be seen as a form of political pressure reducing valve.

Question 16

1.8.2 Unanimity

Answer 16

The unanimity component requires that, once a decision or agreement has been reached, all
ministers should publicly agree with government policy. If they do not feel able to do this, they
should resign.

All cabinet ministers have the right to argue and they have a unanimous front: The principle behind this is that Cabinet ministers should have had the right to contribute to the
confidential debate leading up to the decision. If they lose the argument in Cabinet, they are
obliged to sign up to the majority view in a ‘united front’ or to leave the government.

Question 17

Michael Heseltine

Answer 17

In one of the more dramatic instances of this convention in operation, Michael Heseltine resigned as Defence Secretary in the Thatcher government over the ‘Westland Affair’ in 1986, partly because he felt he was excluded from the decision-making process.

Question 18

Cabinet Resignation over political issues

Answer 18

Other notable instances have involved some of the most contentious issues of the day. In 2003 three senior ministers resigned from the Blair administration over intervention in Iraq: Robin Cook; Clare Short; and John Denham. More recently, Boris Johnson, Dominic Raab and David Davis all resigned over the direction of Theresa May’s ‘Brexit’ policy in 2018.

Question 19

1.8.3 Confidence (of parliament)

Answer 19

The final component of the convention of CMR – which underlies its purpose as an important part of governmental authority – is the government’s need to ensure that it has the confidence of Parliament and, by extension, the people.

Continued confidence is essential: As we have seen, the Prime Minister and his or her government is in office because it has achieved a majority of seats in the Commons. The continued confidence of the Commons in the government is therefore essential, and this is considerably bolstered by presenting a united front in government.

Question 20

Vote of no confidence

Answer 20

If this confidence recedes, there are situations – almost invariably when a government’s majority
is very fragile – when the Leader of the Opposition may table a ‘vote of no confidence’ in the
government.

If the government loses such a vote, there is a very strong conventional pressure on
the PM to resign and bring about a general election. The last time that this happened was in 1979
when James Callaghan lost a vote of no confidence by a single vote.

Question 21

Fixed-term Parliaments Act 2011

Answer 21

Note that this process was more involved when the Fixed-term Parliaments Act 2011 was in
operation but the Act was repealed in 2022 so the position is now purely governed again by
convention.

Question 22

1.9 Summary

Answer 22

• The function of the Prime Minister is to lead the government of the day in setting and implementing its policies.
• The Privy Council meets to secure the royal approval of actions already approved by the
  Cabinet.
• The Cabinet is made up of the Secretaries of State – each one heading up a government
  department.
• Collective ministerial responsibility means that each government minister is bound collectively by the decisions of the Cabinet.
• Collective ministerial responsibility is designed to ensure a united front in government in order
  to help preserve Parliament’s confidence in it.
• In rare situations, where a vote of no confidence in the government has been successful, the Prime Minister of the day has resigned and called a general election.

Question 23

2. Individual ministerial responsibility

2.1 Introduction

Answer 23

We have seen the operation of the convention of collective ministerial responsibility and the
function it plays within the UK’s constitution. The other ‘twin convention’ is individual ministerial responsibility (IMR).

This still plays a role in relation to the accountability of government but, as we will shortly see, its
effect has been supplemented and shadowed to a large extent by the more recent innovation of
the Ministerial Code.

Question 24

Doctrine of individual ministrial responsibility (accepting responsibility)

Answer 24

The classic doctrine of individual ministerial responsibility required ministers to accept responsibility and, if necessary, resign for any errors and failures of their departments. They were seen as the figureheads who were answerable to Parliament and who in sufficiently serious cases
had to sacrifice their office in order to accept responsibility.

Question 25

Uncertainty surrounding this convention

Answer 25

The uncertainty surrounding this convention arises from two areas:

• Its unavoidable entanglement with the short-term realities of the political world
• Assessing the degree of fault and responsibility in a time of modern, ‘big government’

Question 26

2.2 Evolution of convention (Flexibility of constitutional principles)

Answer 26

One of the perceived advantages of a constitution in which conventional rules play a significant role is the flexibility this can provide to constitutional relationships and arrangements. The tendency of IMR to change over time has been quite notable.

Question 27

Originally a matter of honor

Answer 27

Originally seen as a matter of honour and linked to the notion of taking responsibility, the sense of obligation inherent in IMR has arguably become considerably weaker. Whether this is a matter of changing constitutional morality or simply an issue of practical political realities is a matter of debate.

Question 28

More interventionist forms of governments

Answer 28

As a far more interventionist form of government took hold during the 20th century, the
disconnect between the political leadership at the top and operational matters on the ground became more apparent. This issue came to the forefront in 1954 with the Crichel Down affair, which led to the eventual resignation of the Minister of Agriculture, Sir Thomas Dugdale

Question 29

Led to an inquiry

Answer 29

The controversy involved the reneging on a promise by civil servants in his department and led to an inquiry, following which a number of recommendations were made, which shaped the future direction of the convention.

Question 30

2.3 Maxwell Fyfe guidelines

Answer 30

The recommendations were made by the Home Secretary, Sir David Maxwell Fyfe. He
distinguished between situations in which the relevant minister had personal involvement or
knowledge of the issue or error and those where the minister played no role and, given the size of UK government by the mid-20th century, could not have been expected to

Question 31

Maxwell Fyfe believed that the minister should resign (or should not resign) in the last two points

Answer 31

(a) Where there is an explicit order made by a minister, in which case the minister must protect the civil servant who has carried out his order.
(b) When the civil servant acts properly in accordance with policy laid down by the minister, in
which case the minister must protect the civil servant.
(c) Where an official makes a mistake or causes some delay, but not on an important issue of
policy.
(d) Where a civil servant has taken the action, of which the minister disapproved and has no
prior knowledge, and the conduct of the official is reprehensible.

Question 32

2.4 Further development of IMR (Prison Escape issues)

Answer 32

The partial redefinition of the convention to require some personal knowledge or involvement by the minister became more pronounced in subsequent decades. Two serious incidents involving prison escapes exemplified this trend.

Question 33

Operational failings

Answer 33

A similar distinction was made when the then Home Secretary, Michael Howard, refused to resign following the escape of six high category prisoners from Whitemoor Prison in 1994. This led to a subsequent dispute with the Director of the Prison Service, Derek Lewis, who he blamed for the operational failings in security and dismissed.

Question 33

‘Policy/operational divide’

Answer 33

In 1983, the Northern Ireland Secretary, James Prior, did not resign following a mass breakout of IRA prisoners from the Maze prison. Prior distinguished between responsibility for policy, which belonged to the minister, and the failure of officials to properly implement policy, for which he maintained the minister was not necessarily accountable. This is sometimes referred to as the ‘policy/operational divide’.

Question 34

2.5 Accountability

Answer 34

The different ways in which government can be held to account by individuals and committees in Parliament will be considered in more detail in other materials. However, it is worth noting here that, while there has been a weakening over time in the degree of obligation felt by ministers to resign, there has been a greater emphasis on more direct forms of accountability.

Question 35

Keeping Parliament informed

Answer 35

The importance of ministers keeping Parliament informed about departmental problems and errors, rather than necessarily resigning, has become more pronounced over the last two decades or so, notably following the lessons drawn in the Scott Report (published in 1996) into the ‘Arms to Iraq Affair’. In some ways this can be seen as a more constructive response to a
serious problem within government.

Question 36

Accountability and openness of government (Notable Feature of the Ministerial Code)

Answer 36

You will see that this enhanced emphasis on accountability and openness of government (though
again subject to short-term calculation in the political realm) is one of the key trends in modern public law and one of the principal rationales for judicial scrutiny of the executive. In relation to this topic of responsible government, it is also a notable feature of the Ministerial Code.

Question 37

2.6 Informing Parliament

Answer 37

The principles of ministerial conduct:

• ‘Ministers have a duty to Parliament to account, and be held to account, for the policies,
  decisions and actions of their departments and agencies.’
• ‘It is of paramount importance that Ministers give accurate and truthful information to Parliament, correcting any inadvertent error at the earliest opportunity. Ministers who
  knowingly mislead Parliament will be expected to offer their resignation to the Prime
  Minister.’

Question 38

Misleading Parliament

Answer 38

Misleading Parliament, which was always seen as a cardinal sin in terms of the convention of IMR
– and famously caused the resignation of John Profumo in 1963 – is still classified as a resigning matter in relation to the Code, therefore.

Question 39

2.7 Summary

Answer 39

• Individual ministerial responsibility is one of the traditional ‘twin conventions’ applying to government ministers.
• It is a convention and therefore not legally enforceable in any way.
• It originated in the ideal that the minister, as head of a government department, should take responsibility for failings within it, including the moral requirement to resign.
• As government grew larger in the 20th century, the convention adapted to new realities and
  increasingly a distinction grew between policy matters – the province of the minister – and
  operational matters.
• In more recent times, the accountability side of the convention has arguably increased in importance so that the ‘requirement’ for resignation has become weaker and the need to keep Parliament informed stronger.
• The convention on IMR is now supplemented and shadowed by the Ministerial Code.

Question 40

3.1 The Ministerial Code - background

Answer 40

We have already seen that the constitutional principle of ‘responsible government’ has been governed and influenced for many years by conventions. These forms of constitutional obligation are quite ephemeral in nature as they represent informal attitudes towards conduct and
behaviour in government, not defined standards.

Question 41

Written guidance for Cabinet Ministers

Answer 41

Written guidance for Cabinet ministers is thought to have originated in the 1980s in the form of confidential ‘Questions of Procedure for Ministers’. This document was first made publicly
available by John Major’s government in 1992.

Question 42

3.2 The Ministerial Code - principles (The Seven Principles of Public Life)

Answer 42

• Selflessness
• Integrity
• Objectivity
• Accountability
• Openness
• Honesty
• Leadership

Question 43

3.3 The Ministerial Code - ‘rules’ (a form of soft law)

Answer 43

It is important to note that, even though the Code is a formal, published document and so more
tangible than the ‘twin conventions’, it also represents an unenforceable set of rules. At most it can be described as a form of ‘soft law’.

Question 44

Ministerial Code covers the following areas

Answer 44

The Ministerial Code covers the following areas:
* The conduct of ministers (though not their performance or effectiveness in office)
* The principle of collective responsibility
* Proper and transparent engagement with Parliament
* Avoiding potential conflicts of interest
* Proper use of government resources

Question 45

3.4 The Ministerial Code – application

Answer 45

The Ministerial Code applies to:
* Government Ministers (in full)
* Parliamentary private secretaries (some parts only – see 3.7-3.12)
* Special advisers (some parts only – see 3.2–3.4)

The Code is described as providing guidance (1.5) and puts the emphasis on ministers taking responsibility for their own actions, subject to the need to retain the Prime Minister’s confidence (1.6).

Question 46

Prime Minister’s Independent Adviser on Minister’s Interests

Answer 46

Note, however, that under para 1.4 the Prime Minister, following consultation with the Cabinet
Secretary (the senior civil servant), may refer a matter to the Prime Minister’s Independent Adviser
on Minister’s Interests. The Independent Adviser may (1.4.b) initiate an investigation into an
alleged breach but this is effectively subject to the consent of the Prime Minister.

Question 47

3.5 Updates to the Ministerial Code (usually updated when the Prime Minister takes office)

Answer 47

The Ministerial Code is usually updated when a new Prime Minister takes office. In May 2022,
however, it was updated again during the premiership of Boris Johnson. Controversially, the
foreword to the new version excluded specific reference to the Seven Principles, which had been
evident in previous versions. (This reference was reintroduced by Rishi Sunak in his December
2022 Code.) It also introduced the idea (para 1.7) that lesser sanctions for breaches of the Code, such as a public apology or temporary reduction in ministerial salary, could apply at the PM’s
discretion.

Question 48

Foreword to the May 2022

Answer 48

Thirty years after it was first published, the Ministerial Code continues to fulfil its purpose,
guiding my Ministers on how they should act and arrange their affairs. As the Leader of Her
Majesty’s Government, my accountability is to Parliament and, via the ballot box, to the British people. We must show every day that we are worthy of this privilege by keeping our promisesand delivering on the priorities of the British people.

Question 49

3.6 Collective responsibility

Answer 49

The principle of collective responsibility requires that Ministers should be able to express their views frankly in the expectation that they can argue freely in private while maintaining a united front when decisions have been reached. This in turn requires that the privacy of
opinions expressed in Cabinet and Ministerial Committees, including in correspondence,
should be maintained.

Question 50

3.7 Engagement with Parliament

Answer 50

Section 9 of the Code provides further specific detail on how ministers ought to relate to
Parliament, including the general principle below (at 9.1) which is designed to reinforce the status
of Parliament as the sovereign body. When Parliament is in session, the most important announcements of Government policy should be made in the first instance, in Parliament.

Question 51

3.7.1 The (alleged) breach

Answer 51

Esther McVey, MP, Secretary of State for Work and Pensions, told Parliament in July 2018 that the
National Audit Office (NAO) – the body which scrutinises public spending for Parliament – wanted
Universal Credit (a new and highly controversial social security payment system) to be ‘rolled
out faster’.

The Lack of an alternative: The head of the NAO stated that this was incorrect, as the body had ongoing reservations about
Universal Credit. McVey told MPs that she had meant to say the NAO believed there was ‘no practical alternative’ to continuing with the development of Universal Credit, which rolled six social security benefits into one.

Question 52

3.7.2 The consequences

Answer 52

The head of the NAO took the unusual step of writing to McVey to take issue with how she
responded to its report on Universal Credit. There were calls for McVey’s resignation, for deliberately misleading Parliament. She apologised in Parliament for ‘inadvertently misleading’ it. She subsequently resigned from Cabinet for unrelated reasons. (She re-joined Cabinet in a different role for six months before being ‘reshuffled’ off the front bench.)

Question 53

3.8 Conflicts of interest

Answer 53

The Ministerial Code – general principle 7 – makes it clear that:
Ministers must ensure that no conflict arises, or could reasonably be perceived to arise,
between their public duties and their private interests, financial or otherwise. (Para 7.1).

It is a well-established and recognised rule that no Minister should accept gifts, hospitality or
services from anyone which would, or might appear to, place him or her under an obligation.
The same principle applies if gifts etc are offered to a member of their family. (Para 7.20)

Question 54

3.8.1 The breach

Answer 54

Priti Patel MP was forced to resign from Theresa May’s government in November 2017. As International Development Secretary, she had conducted unofficial meetings with Israeli
ministers and business representatives

Question 55

Responses to Patel’s Resignation Letter

Answer 55

In her response to Patel’s resignation letter, the Prime Minister wrote that the UK and Israel were close allies and should work closely together. ‘But that must be done formally, and through official channels […] it is right that you have decided to resign and adhere to the high standards of transparency and openness that you have advocated.’

Question 56

3.8.2 The consequences

Answer 56

In the next government under Boris Johnson, Priti Patel was appointed Home Secretary.
She was again accused of having breached the Ministerial Code prior to this appointment, for
doing paid strategic consulting work for a private company without seeking approval from the advisory committee on business appointments as required by the Code.
The Prime Minister took no action.

Question 57

3.9 General principle on behaviour

The ‘General Principle’ in the Ministerial Code states at paragraph 1.2 that:

Answer 57

Ministers should be professional in all their dealings and treat all those with whom they come
into contact with consideration and respect. Working relationships, including with civil
servants, ministerial and parliamentary colleagues and parliamentary staff should be proper and appropriate. Harassing, bullying or other inappropriate or discriminating behaviour wherever it takes place is not consistent with the Ministerial Code and will not be tolerated.

Question 58

3.9.1 Examples of allegations of inappropriate personal
behaviour leading to the resignations of government ministers

Answer 58

• Michael Fallon, the Defence Secretary, resigned from the May government in October 2017,
  following allegations of inappropriate sexual behaviour. He subsequently left Parliament before the 2019 general election.
• Gavin Williamson resigned his place in Cabinet as Minister without Portfolio in November
  2022, following allegations of bullying and aggressive text messaging made against him by
  the former government Chief Whip, Wendy Morton.
• Dominic Raab resigned as Justice Secretary in April 2023 after a report by Adam Tolley KC
  found him responsible for intimidation and overly aggressive criticism of several civil servants, as well as an abuse of his power during his time as Foreign Secretary.

Question 59

3.11 Summary

Answer 59

• The Ministerial Code is a relatively recent development, which puts into one written document aspects of the various conventions which govern ministerial conduct.
• It effectively shadows the traditional conventions, though has the advantage of greater clarity and detail.
• It puts the convention on CMR into a codified form but, in relation to IMR, its emphasis is on
  ministerial accountability to Parliament and ministerial conduct generally rather than on the performance of ministers in office.
• Standards of personal as well as professional conduct and probity apply to ministers.
• There are many examples of ministers who have breached the Code or the conventional
  equivalent, sometimes flagrantly, and have remained in office or been re-appointed to
  subsequent governments.
• The Ministerial Code has no legal status as such – it is not enforceable in law. Ultimate
  authority continues to rest in the political dimension in the hands of the Prime Minister.

Question 60

4 The Civil Service

What the Civil Service does?

Answer 60

The civil service supports the government of the day to develop and implement its policies,
and in delivering public services, civil servants are required to carry out their role in accordance with the values set out in the Civil Service Code and the Constitutional Reform and Governance Act 2010. Central to this is the requirement for political impartiality. Civil
servants must act solely according to the merits of the case and serve governments of different political parties equally well.

Question 61

4.2 Constitutional principles of the civil service

Answer 61

Permanence: The civil service does not change personnel with each new government. This creates a pool of people with
specialist skills and experience from which ministers can draw.

Political Neutrality: This is a requirement of permanence. If the civil service is to remain constant throughout changes in the political character of
government, it must remain
politically neutral

Anonymity: Civil servants are not (with some senior exceptions)
public-facing. The Minister,
not his or her civil servants,
are politically accountable for
the department’s actions.

The Ministerial Code – general principle 5.1 – requires all ministers to uphold the political
impartiality of the Civil Service, and not ask civil servants to act in any way which would conflict
with the Civil Service Code.

Question 62

4.4 Accounting officers

Answer 62

The personal accountability of the Accounting Officer forms the foundation of Parliament’s
ability to hold the Executive to account for public spending. Ministers are answerable to
Parliament for policy decisions and the actions of the departments and their executive
agencies. The Accounting Officer, normally the Permanent Secretary in the department, is
personally responsible for the regularity and propriety of expenditure, robust evaluation of
different mechanisms for delivering policy objectives, value for money.

Accounting officers give evidence to Parliamentary Select Committees.

Question 63

4.5 Senior Responsible Owners

Answer 63

Senior Responsible Owners (SROs) are politically neutral senior civil servants, who are personally responsible for the delivery of major government projects.

Question 64

Cabinet Manual

Answer 64

Senior Responsible Owners of the Government’s major projects […] are expected to account to
Parliament, for the decisions and actions they have taken to deliver the projects for which they have personal responsibility. This line of accountability relates to implementation (not policy
development).

SROs may, therefore, be called to give evidence to Parliamentary Select Committees, together
with Permanent Secretaries/Accounting Officers.

Question 65

4.6 The Civil Service Code

Answer 65

The Civil Service is subject to a Code of rules and principles in the same way as Ministers, with
the fundamental difference that civil servants (like any other employee) may be dismissed for
deceit or incompetence.
Civil servants are accountable to Ministers, who in turn are accountable (at least in theory) to
Parliament.
The ‘core values’ of the Civil Service Code are:
* Integrity
* Honesty
* Objectivity
* Impartiality

Question 66

4.7 Political impartiality

Answer 66

The Civil Service Code states that civil servants must:
Act in a way which deserves and retains the confidence of ministers, while at the same time
ensuring that you will be able to establish the same relationship with those whom you may be
required to serve in some future government.

This means that it is important for civil servants not to alienate possible future ministers (ie senior opposition politicians) while serving the government of the day.

The Code is part of the ‘contractual relationship’ between the civil servant and the government department. Breach of the Code is therefore tantamount to breach of an employment contract.
Bear in mind that civil servants cannot be dismissed (at least formally) by ministers.

Question 67

4.8 Accountability to Parliament

Answer 67

One of the mechanisms, by which the executive is held to account by Parliament, is the questioning of civil servants by Parliamentary Select Committees (PSCs). The ultimate responsibility for the implementation of policy lies with the Minister. Giving evidence to PSCs is seen as a stepping-stone towards seniority in the civil service:

Question 68

Civil Servant’s Select Committee

Answer 68

A civil servant’s select committee performance has a big influence on their reputation and
career prospects. Former cabinet secretary Lord Gus O’Donnell says: “It is an important test
as you become more senior. When politicians are trying to get a particular angle or get you to
say a specific quote, it does require a degree of training and understanding of how to perform
publicly, and that’s part of the skill set of the modern civil servant.”

Former head of the civil
service, Lord Bob Kerslake says judgments can be unforgiving: “Appearances are definitely
watched and assessed by ministers and special advisers: you can do 90 minutes perfect and one small thing that is perceived to be wrong, and that’s what’s remembered

Question 69

4.8.1 A ‘broken convention’?

Answer 69

Margaret Hodge MP, former Chair of the Public Accounts Committee, gave her view in 2016 that the old convention of civil servants being accountable to ministers, who are accountable in turn to Parliament, is ‘broken’. She said that this system, combined with the high turnover among civil service officials as they move between policy areas, means that those who are responsible for waste or errors “rarely find themselves accountable”

Question 70

4.9 Summary

Answer 70

• The function of the Civil Service is to implement the policies of the government of the day.
• The Civil Service Code contains the personal and professional standards applicable to civil
  servants.
• The structure of government departments reflects the division between political appointees
  and civil servants.
• The political neutrality of the Civil Service is crucial to its role in the constitution.
• Accountability of (senior) Civil Servants to Parliament is an important convention.