Individual Ministerial Responsibility

Question 1

What is Individual Ministerial Responsibility?

Answer 1

The other ‘twin convention’ to CMR.

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.

Its effect has been supplemented and shadowed to a large extent by the more recent innovation of the Ministerial Code

Question 2

What are the Maxwell Fyfe guidelines?

Answer 2

Recommendations 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.

Question 3

According to the Maxwell Fyfe guidelines when should a minister resign and when doesn’t he?

Answer 3

In the first two situations, Maxwell Fyfe believed that the minister should resign. In the remaining two he believed that the minister need not do so:

• 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.
• 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.
• Where an official makes a mistake or causes some delay, but not on an important issue of policy.
• 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 4

It is a convention and therefore…

Answer 4

…not legally enforceable in any way

Question 5

It originated in the ideal that the minister…

Answer 5

…as head of a government department, should take responsibility for failings within it, including the moral requirement to resign.

Question 6

As government grew larger in the 20th century, the convention adapted to new realities and increasingly a distinction grew…

Answer 6

…between policy matters – the province of the minister – and operational matters

Question 7

In more recent times, the accountability side of the convention has arguably increased in importance so that…

Answer 7

…the ‘requirement’ for resignation has become weaker and the need to keep Parliament informed stronger.

Question 8

The convention on IMR is now supplemented and shadowed by…

Answer 8

…the Ministerial Code.