Chapter 9: Ministerial Responsibility

Question 1

What academic gives their view on what MR is?

Answer 1

Marshall & Moodie

• Ministerial Responsibility means ministers being held responsible for the general conduct of government and ultimately, through Parliament and parties, to the electorate

Question 2

What are the 2 types of MR?

Answer 2

Collective ministerial responsibility (CMR)

• responsiblity as an a whole institution

Individual ministerial responsibility (IMR)

• 2 aspects - 1) personal condcut 2) Responsibility to parliament & their department

Question 3

What is Collective Ministerial Responsibility (CMR)

Answer 3

Lord Salisbury

• CMR makes every member of Cabinet (after a decision is arrived at) “absolutely and irretrievably responsible” for their participation in it

Essential for government to display united before parliament and the public

• These are the government that the people elected to run the country

Question 4

What are the 4 operations of CMR according to convention?

What are the 3 decisions where CMR convention also applies to?

Answer 4

1. When decision has been reached by Cabinet, all members bound to support
2. Public dissent is not countenanced (tolerated) - This can be seen when PM, Tony Blair disagreed to the decision to drag UK into the Iraq war, then he had to resign
3. Records are kept secret from the public eye - Allows ministers to make decisions without public criticism/pressure
4. Cabinet discussions also protected against disclosure

Note - this convention also applies to decisions in

• Cabinet Committee
• Inner Cabinet
• Parliamentary Private Secretaries

Question 5

What are the 3 strict conventions which must be upheld (Radcliffe Committee Report)

Answer 5

1. Revealing anything regarding national security
2. Foreign affairs - Making disclosures injurious to relations with other countries
3. Public interest - “Publishing information destructive of the confidential relationships on which our system of government is based.”

Question 6

When were the 3 times CMR convention was waived?

Answer 6

1) 1931-1932 - The National (coalition) Government contained bitter opposing views over economic policy, tariff duties. 4 Cabinet members handed in their resignations

• However, PM, Ramsey McDonald waived the convention to allow them to express their views to public

2) 1975 - Harold Wilson under the banner of ‘agreement to differ’ (opposing views) waived the convention to continue UK’s membership of the EC

• Eric Helfer, Tony Benn, and Roy Jenkins openly flouted (disregard) Wilson’s, talking about it on television

3) Prior to Brexit referendum - PM, David Cameron waived convention

• He allowed his ministers to express their own views on Brexit prior to the referendum (Brexit was 23 June 2016)

Question 7

What is Individual Ministerial Responsibility (IMR), what is the authority which states this?

Answer 7

Lord Morrison

1. Holding a minister “accountable to Parliament for anything he or his department does or for anything he has powers to do, whether he does it or not.”
2. Ministers should also be responsible for his or her personal conduct

Question 8

When were 3 times/occurances IMR was seen to be responsible for their own department

Answer 8

1) Crichel Down affair - saw Secretary of State for Agriculture, Sir Thomas Dugdale shared the blame with his department, a flawed report on a piece of land.

• He resigned later on even though it had nothing to do with it
• No resignation letters were tendered (given formally) despite the allegations to serious defects in the governmental administration

2) Lack of coordination between ministry of Aviation and Homer Secretary, Mr. William Whitelaw

• Led to resignation over breach of security. Resulted in intruder entering the Queen’s bedroom

3) Falkland saga (1983) - Foreign and Colonial Secretary of State, Lord Carrington resigned

• Following allegations he denied, for lack of preparation of British forces when Argentineans attacked

Question 9

What academic view talks about IMR today?

Answer 9

Hillaire Barnett

• Many factors loosened the convention of MR, the increasing size of governmental departments, the short years of ministerial office, and the complexity of government, etc have made the doctrine unworkable
• Which led to a distinction between ‘accountability’ (department) and ‘responsibility’ (personal conduct)

Question 10

What are the 3 rules/demands of IMR for being responsible for personal conduct?

Answer 10

1. “The most elementary qualification demanded of a Minister is honesty and incorruptibility.” - Ivor Jennings
2. “a personal misadventure of the minister which raises such doubt about his personal prudence or integrity” warrants his resignation - Prof Finer
3. “A politician must be trustworthy, and if found to be telling a lie or if discovered in even a small financial dishonesty, he can only bow out of public office.” - Lord Hailsham

Result

• The only choice they have is to resign. If caught, resign sooner, instead of being hated on by the public

Question 11

When were the 3 times ministers were seen to be responsible for their personal conduct?

Answer 11

1992 - Mr. David Mellor’s relationship with an actress and receipts of gifts were found

• Resigned after a mixture of allegations that he gave the girl a free holiday with money from the Palestinian Liberation Organisation association

1998 - financial affairs of Geoffrey Robinson, former Paymaster General

• Robinson and Peter Mandelson (Secretary of State for Trade and Industry) resigned
• It was revealed that Mandelson accepted a personal loan from Robinson to finance for a home in London
• The loan had not been disclosed and he claimed that he did nothing ‘wrong’ (he was being dishonest)

1999 - Geoffrey Robinson returned to ministerial office as Secretary of State for Northern Ireland only to resign again

• Allegations that he interfered in a passport application of a wealthy Indian businessman that contributed to the Millenium Dome for which Mandelson had responsibility at the time (indian guy donated good money)

Question 12

What are the 4 other rules/demands for IMR?

Answer 12

1) MPs must declare their financial interest in the Register of Member’s Interest

• And publicly declare in debate or committee proceedings of any interest which may sway their impartiality

2) 2005 Miniterial Code

• “Ministers must scrupulously avoid any danger of an actual or apparent conflict of interest between their Ministerial position and their private financial interests.”
• Ministers must consult the Advisory Committee on Business Appointments as to any business appointments they intend to take up within two years of leaving office

3) 2007 Ministerial Code

• “On leaving office, Ministers must seek advice… about any appointments or employment they wish to take up within two years of leaving office, apart from unpaid appointments in non-commercial organisations. Ministers will be expected to abide by the advice of the Committee.”

4) Independent Adviser on Minister’s Interest

• Introduced in 2007 which states they would oversee publication of a report listing Ministers outside interests
  And will also investigate alleged breach of rules

Question 13

What were the 4 things the Nolan Committee made public about IMR?

Answer 13

1. The Nolan Committee endorsed the view that the “public is entitled to expect very high standards of behaviour from ministers, as they have profound influence over the daily lives of us all.”
2. The committee distinguished rules regulating financial conduct and sexual conduct
3. Before this there were clear and enforceable rules, but now there is no hard and fast rule that can be laid down to govern this matter
4. In the end, it is the PM’s power to decide whether the minister upheld the required standards or not

Question 14

What are some cases reflecting what was announced by the Nolan Committee

Answer 14

2011 - Defence Secretary, Dr. Liam Fox resigned on 14 October 2011

1. Allegations of his good friend, Adam Werrity representing himself as Fox’s adviser, giving business cards describing so
2. Werrity and Fox went on various overseas visits creating the impression that he was a government adviser
3. Werrity also attended meetings with Fox without the presence of Civil Service officials
4. Werrity also had access to Fox’s diary. Which the Cabinet Secretary posed a security risk
5. All his activities came from a company, Pargav which gave donations to people that allegedly had close relations with Iraq and Israel
6. The problem was an uncertainty as to how Adam Werrity had the funds to do such activities (very high cost).
7. This led to investigations by the Cabinet Secretary, Sir Gus O’Donnell
8. Inquiries by John Lyon, the Parliamentary Commissioner for Standards
9. The Electoral Commissions also expected to investigate if there were breaches of the convention to political donations

June 2021 - Health Secretary, Matt Hancockresigned
1. Admitted he breached social distancing guidelines saying “those of us who make these rules have got to stick by them.”
2. Found kissing a colleague, Gina Colandangelo was found out with cctv footage (both were married)
3. Labour and Liberal Democrats called for health secretary to be sacked before he quit

October 2022 - Home Secretary, Suella Braverman resigned over breach of Ministerial Code

1. She sent official documents to parliament colleague using her personal email

Question 15

What is the infamous Partygate Scandal which was a serious unconventional act done by Boris Johnson?

overview and background

Answer 15

Overview

• A heated political scandal where parties and other gatherings of government and Conservative Party staff held during COVID-19 pandemic in 2020 and 2021

Background

• Gatherings took place at 10 Downing Street. It was first reported on late November 2021
• Late January 2022, gatherings went under investigation by the Metropolitan Police. At least 3 gatherings attended by Boris Johnson
• 30 november 2021 - first reported by “Daily Mirror” the 3 gatherings that were held at 10 Downing Street
  1) Gatherings held during the 2020 Christmas season
  2) Another garden party held on 20 May 2020
  3) Another at Boris’ flat at 10 Downing on 19 June
• Claims by BJ
  1) Claimed that they did not break lockdown rules and denied that the Downing Street party even took place
• January 2022 - found that there were around 30 in one occasion and 40 in another during the first national lockdown
  1) BJ admitted and apologised

Question 16

What investigation was held regarding the Partygate Scandal?

Answer 16

Investigation - The **Sue Gray Report **

• 8 December 2021 - BJ announced Cabinet Secretary Simon would investigate whether COVID-19 restrictions were broken at the events
• 17 December 2020 - Investigation was turned down, found out that his own office also held a party. Inquiry was handed to Sue Gray instead
• January 2020 - Metropolitan Police opened its own investigation into potential breach of regulations. This led to uncertainty over timing and possible content of Gray’s report
• 31 January 2020 - Found behaviour at the gatherings which were “difficult to justify”
  1) Gatherings representing failure of leadership and were exposed to public
  2) It was also said that “excessive consumption of alcohol is not appropriate in a professional workplace at any time.”
  3) BJ was then fined for £100 pounds

Question 17

What was the 5 consequences on Boris Johnson after the Partygate Sccandal?

Answer 17

1) This led to decline in public support for PM Boris Johnson (Government & Conservative party)

• Contributed to party’s loss of the 2021 North Shropshire by-election to a Liberal candidate
• Reduced majority to 79

2) January 2022 - a few oppositions, Conservatives, politicians called for BJ to resign or result in a no confidence vote

• February, 5 senior Downing Street staffs resigned (under BJ)

3) An update from Sue Gray’s Report showed serious failure on the government

• BJ forced to face elected politicians in the HOC on 31 January
• 2 days later, MPs directed questions directly at BJ

4) Hon Theresa May asked the following question

• “The Covid regulations imposed significant restrictions on the freedoms of members of the public. They had a right to expect their Prime Minister to have read the rules to understand the meaning of the rules and indeed those around him to have so too and set an example in following these rules. What the Gray report shows is that No. 10 Downing Street was not observing the regulations they had imposed on members of the public. So either my Rt Hon friend did not read the rules or did not understand what they meant and others around him or they did not think the rules applied to No. 10. Which was it?”

5) Conservative deputy chief whip, Chris Pincher resigned after admitting he has “embarrassed myself and other people”

• Following reports of him drunkenly dropped 2 men at a private club
• Pressure started to get on BJ as to why he appointed him in 2019

Question 18

What was the ending result after the Partygate Scandal?

Answer 18

1) BJ announced his resignation on 7 July 2022 as head of Conservative party and PM

• But would remain as PM until a new leader of the Conservative party was elected
• Liz Truss became PM after him

2) BJ at the Privileges Committee signed a summary of the initial finding of the investigation

3) Resigned as MP on 9 June

• Triggered a by-election in his Uxbridge constituency which scheduled for 20 July 2023

Question 19

What were the 5 key findings of BJ by the Privileges Committee?

offences by BJ

Answer 19

Found BJ committed 5 serious offences

1. Purposely misleading Commons when he said no Covid rules were broken or sure that none were broken
2. Deliberately misleading the Privileges Committee
3. Breached confidence by leaking part of the report in advance in his letter when he announced departure as MP
4. “Impugning” (called to question by) the committee, and thus parliamentary processes
5. Complicity in a “campaign of abuse and attempted intimidation of the committee.”

Question 20

What were the 3 ways BJ was held in contempt of the Privileges Committee

disrespecting/not obeying the law

Answer 20

3 possible ways

1. His resignation letter as an MP on June 9 was revealed
2. BJ alleged to have “impugned the committee, the integrity of its members, and the impartiality of its staff and advisers,” attacking not only their fairness, but alleging bias
3. BJ’s resignation letter attacked the committee as a “witch-hunt” and a “kangaroo court”. The report stated on his resignation letter that it “leaves us in no doubt that he was insincere in his attempts to distance himself from the campaign of abuse and intimidation of committee members. This in our view constitutes a further significant contempt.”

Question 21

Why were BJs offences so serious?

Answer 21

1. The report showed the extent BJ went to mislead the MPs, which was found very serious
2. He was also liable for “the frequency with which he closed his mind to those facts,” and the way he tried to “rewrite the meaning of the rules and guidance to fit his own evidence,”
3. He was also very ignorant about it. The report stated
   “His view about his own fixed-penalty notice (that he was baffled as to why he received it) is instructive.

Question 22

What were the 2 importances of the Partygate Scandal stated by the Privileges Committee?

Answer 22

1) “goes to the very heart of our democracy” given that people elect MPs to not just represent them but hold a government to account

• It added “Our democracy depends on MPs being able to trust that what ministers tell them in the House of Commons is the truth.”

2) The key issue was failing to correct mistakes, as ministers will inevitably make mistakes. And to own up to the mistakes that you make
* They added: “When a minister makes an honest mistake and then corrects it that is democracy working as it should.”
* But what BJ did was the complete opposite