Constitutional 3: Central Government Flashcards
What powers does the PM have?
- organisation of government and civil service
- organising departments
- overall responsibility for civil service
- appointment of senior civil servants - constitutional role
- advisor to monarch
- relationship with devolved government s - Security and Intelligence Matters
- appointing heads of MI5/6 and QCHQ - Armed forces
- International realtions
Who appoints ministers
Monarch on advice of PM
What are the restriction on who can be a minister?
Conventions
- must be member of parliament (either house)
What is the role of cabinet and cabinet committees?
Made up of the senior ministers
- Makes decisions within government collectively
- often made by PM in smaller groups and then informing cabinet
Cabinet committees
- made up by PM (with senior and junior ministers)
- decisions reached have same authority as those from cabinet
What is the Carltona Doctrine
Principle that power granted to SoS can be exercised by civil servants in their department
What is the function of the Privy council. How are their meetings held?
to pass orders of council
- can be primarily legislation under prerogative power
- can be secondary legislation under AoP
Meetings
- held in secret
- require attendance of monarch
What are the collective responsibilities of ministers? Can this be set aside?
Confidentiality
- keep discussions within government secret
Unanimity
- once decision is reached must show united front
- if they feel they cannot support a decision must resign
Setting Aside responsibility
- can be done by PM normally for referendums
- allows ministers to campaign on different sides
What are the individual responsibilities of ministers?
Duty not to mislead parliament
Responsibility to account to parliament for their department
- give account
- take responsibility for actions of department
Private conduct
- basically not to breach ministerial code
- at least must avoid conflict of interest
- judged by PM
What are the consequences of misleading parliament as a minister?
Required to correct any inadvertent error asap
If knowingly misled parliament they are expected to resign
How must a minister be accountable to parliament for their department? And how should they respond to operational vs policy failures?
Give Account
- must respond to concerns or criticisms in a manner which ensures Parliament will continue to have confidence
Take Responsibility
- must respond to criticism in way which is likely to satisfy parliament (maybe resign)
Operational Failures
- must give account and take steps to ensure it does not reoccur
Policy Failure
- must take personal responcibiltly
Who can ask questions during PM’s question time?
Once a week where Leader of Opposition
- 6 questions
What is the process asking question for ministerial question time?
Daily which departments on rota (each every 5 weeks)
- any MP can ask questions
- written questions can be asked any time and answered in 7 days
No questions can be asked that relate to:
- local authorities
- monarch
- affairs in other countries
- devolved matters
- cases being heard in court
How is the central government held acccountible?
- PM’s question time
- ministers question time
- opposition business (20 days)
- Urgent questions (to speaker)
- select committees
