Chapter 6 - Central Government and Accountability

Question 1

The Prime Minister (name powers)

Answer 1

“First Lord of the Treasury”

Recognized as the Head of the Government and is ultimately responsible and accountable to Parliament for the conduct of the government as a whole.

Constitutional convention that the PM must have a sear in the HoC.

No definitive list of powers of the PM, however practice and convention over time has determined PM powers:

(1) Organisation of Government and Civil Service - Power to change the organisation of government through abolishing, merging, or creating new government departments. Responsibility for the Civil Service (permanent staff of government departments) eg appointment of civil servants and other appointments in public sector.

(2) Constitutional Role - PM is primary constitutional adviser to the Monarch. Weekly meeting with the Monarch. Responsible for relationship between the UK govt and the devlolved governments.

(3) Security and Intelligence Matters - Matters relating to national security and intelligence. Appointing heads of intelligence agencies and maintaining oversight of counterterrorism policy.

(4) Armed Forces - Decisions to deploy the armed forces. Decision to deploy police to maintain public order in UK.

(5) International Relations and Brexit - Responsible for representing the UK at international meetings (NATO, G7, European Council). Responsibility to negotiate exit from EU.

Question 2

Government Ministers

Answer 2

Government formed by PM appointing Government Ministers to lead departments that make up central government.

Formally, appointments are made by the Monarch on advice of the PM - In substance power lies in PM.

Senior Ministers - Form the cabinet.

Junior Ministers - all the other ministers outside the cabinet.

Question 3

Conventional Restrictions on Prime Minister’s Powers

Answer 3

Ministers must have a seat in either the HoC or HoL. This allows the government to be accountable to Parliament through its ministers.

Most ministers are MPs, reflecting that the House of Commons is the dominant part of Parliament.

Occasionally, ministers are appointed without a seat in either the HoC or the HoL but are made a member of the HoL by being granted a life peerage shortly after becoming a minister.

Question 4

Political Restrictions on Prime Minister’s Powers

Answer 4

The most serious restraints on the PM’s freedom.

Prime Ministers remains in office only for so long as they retain the leadersship of the party.

This requires that PMs constantly ensure they have teh support of their MPs.

In this way, PM is subject to some indirect control by their party.

Question 5

Composition of the Cabinet

Answer 5

Formed by the most senior government ministers

Composition includes:

• Prime Minister;
• Chancellor of the Exchaquer;
• The Chief Secretary to the Treasury (the Chancellor’s Deputy within the Treasury);
• Other Secretaries of State, who leaed govenrment departments;
• The Lord Chancellor and Secretary of State for Justice;
• The Leader of the House of Commons (responsible for getting the government’s “business” thorugh the HoC);
• The Leader of the House of Lords (responsible for getting the government’s “business” through the HoL);

Question 6

Role of the Cabinet

Answer 6

Responsible for making decisions within the government, and thos decisions should be reached collectively by ministers.

In theory, this is achieved with weekly meeting of the Cabinet.

Matters include:

• Decision to take military action;
• Determining the government’s legislative agenda, which is set out in the King’s Speech each year;
• Issues of a constitutional nature, including the monarcyhy, reform of Parliament, and changes to the structure of devolution to Scotland, Wales, and Northern Ireland;
• The most significant domestic policy matters;
• The most significant European or international affairs, and;
• National emergencies, including terrorism.

Question 7

Cabinet Committees

Answer 7

Subcommittees of the main Cabinet.

Established by the PM, who also determines their membership.

Usually a combination of Cabinet ministers and junior ministers sit on a Cabinet committee.

Allow for matters to be discussed without needing to go to the full Cabinet.

Decisions made in a Cabinet committee have the same authority as a Cabinet decision.

Question 8

Confidentiality in Cabinet

Answer 8

Discussions within the Cabinet and its committees are kept confidential.

This allows for more open discussion amongst the ministers.

Once a decision has been reached, it is binding on all ministers, whatever their personal views.

Question 9

Government Departments - Ministers

Answer 9

Secretary of State - Heads each government department and has overall responsibility for the department and is accountable to Parliament for the activities and decisions of the department.

Junior Ministers - each responsible for an aspect of the department’s work. Different levels of junior ministers - Minster of State ranks above a Parliamentary Under Secretary of State.

Question 10

Governing Departments - Law and Policy

Answer 10

Main job is to effectively administer the work of the department according to existing laws and policies.

Legal authority of each department stems from Royal Prerogative or from statutes.

Acts of Parliament confer powers on the Sectreary of State.

Question 11

Carltona Doctrine

Answer 11

Principle that when Parliament grants a power to the Secretary of State in an Act of Parliament, Parliament is taken to accept that, in practice, the power coudl be exercised by a civil servant within the Secretary of State’s deparment.