Lecture 4: Collective Ministerial Responsibility Flashcards
What is Ministerial Responsibility?
A constitutional convention where all ministers are responsible to Parliament for the government’s policies, decisions, and actions.
What role does the Cabinet play in government?
The Cabinet is the central body where key decisions about legislation and government actions are made, involving senior ministers.
Cabinet formulates and refines government policies.
When does Cabinet sovereignty face limits?
in cases where the ruling party has a small majority in the House of Commons, it must be sensitive to MPs’ wishes.
What is the relationship between Cabinet and Parliamentary sovereignty?
Cabinet sovereignty can be seen as a practical extension of Parliamentary sovereignty, shaping government policies.
Is there a legal structure for the Cabinet?
No, the Cabinet is not legally structured but is a creation of convention, similar to the role of the Prime Minister.
Why is the Cabinet considered an important constitutional convention?
It structures government activities and governs the relations between: → Ministers → Ministers and Parliament
What principles are involved in Cabinet responsibility?
Collective responsibility: Ministers must support Cabinet decisions publicly.
Individual responsibility: Ministers are accountable for their actions and policies.
What is Collective Responsibility?
All Ministers must accept responsibility for the government’s policies and actions, even if they didn’t develop them or disagree with them.
Ministers must defend government policy in Parliament or resign if they can’t.
What happens if a Minister disagrees with government policy?
if a Minister disagrees and can’t defend the policy, they must resign.
Though rare, such resignations are often dramatic.
What are the three limbs of Collective Responsibility?
Confidence - maintaining confidence in Parliament.
Unanimity - defending government policy.
Confidentiality - keeping Cabinet discussions private.
What does “Confidence” mean in Collective Responsibility?
Originally, a government had to resign if it couldn’t command majority support in the Commons, especially after a defeat on a major policy issue.
Why is it difficult to define a “major policy issue” in Collective Responsibility?
Defeats in seemingly major issues didn’t always lead to government resignation.
Examples: 1976 rejection of expenditure plans, 1977 defeat on raising income tax.
How has the version of “Confidence” in Collective Responsibility changed?
The modern version requires a government to resign only after being defeated on an explicit no-confidence motion.
What is the rationale for the modern version of “Confidence”?
Governments are elected for their overall policy, not just one issue.
Failure on one issue doesn’t mean failure in others.
Defeat on a no-confidence motion indicates a loss of confidence in the government’s competence.
When was the most recent example of a government resignation due to “Confidence”?
In 1979, the Labour government resigned after being defeated on an explicit no-confidence motion.
What does “Unanimity” mean in Collective Responsibility?
All Ministers must publicly support Cabinet decisions, even if they opposed the policy in Cabinet.
Ministers who can’t defend a policy should resign.
Why was the concept of “Unanimity” introduced?
it originated in the 17th century to protect Ministers from the King’s attempts to expose disagreements and undermine their power.
Today, it maintains public and business confidence in government unity and stability.
How can we test if “Unanimity” has the status of a convention?
If a Minister disagrees but doesn’t disclose it publicly, only revealed after 30 years via Cabinet papers.
If a resignation or dismissal follows Cabinet disagreement.
If public disagreement occurs without resignation, disproving the convention
What happened in 1985 with Michael Heseltine and the Westland issue?
Heseltine resigned after the PM canceled a Cabinet meeting where he planned to present his argument on rescuing Westland helicopter company, violating the unanimity rule.
Other examples of “Unanimity” violations?
2018: Boris Johnson and David Davis resigned over disagreements with Theresa May’s Brexit policy.
1966-1970: Richard Crossman’s diaries revealed secret dissent over lowering the voting age.
What is the “Suspension of collective solidarity”?
In certain situations, such as referendums or sensitive bills, Ministers are allowed to express opposing views publicly without breaching solidarity:
1975: Ministers campaigned for both sides of the EEC referendum.
2016: Ministers could argue for/against Brexit.
2024: Ministers were instructed not to engage in public debate on assisted dying.
How does the suspension of collective solidarity affect Ministers’ public debate?
Normally, suspension allows Ministers to disagree publicly. In some cases, like 2024, Ministers were instructed not to engage in public debate to ensure neutrality.
What is “Confidentiality” in Collective Responsibility?
Ministers must keep discussions confidential and not reveal how colleagues argued or voted on issues.
Example: Michael Heseltine withheld reasons for his resignation until after leaving.
Can Ministers explain their actions after resignation?
Yes, once resigned, Ministers can explain their actions to Parliament, enabling MPs to evaluate government performance.
Why is confidentiality important in Cabinet?
it ensures free debate without fear of leaks, maintaining the Cabinet’s proper function and unity.
What happened in the “Crossman Diaries” case?
Richard Crossman, a Cabinet member, kept personal accounts of Cabinet decisions, which were published after his death, despite government attempts to prevent it.
What was the legal case surrounding the Crossman Diaries?
the government sought to protect three types of ministerial information from being published: individual views, confidential advice, and discussions on senior officials’ appointments.
The publisher argued there was no legal basis for Cabinet confidentiality, only a moral duty.
What was the ruling in the Crossman Diaries case?
Lord Widgery found evidence that Ministers have a legally enforceable duty of confidentiality, based on common law principles, not just constitutional convention.
The duty ends 10 years after the event, unless national security is threatened.
Why is the Crossman Diaries case important?
It confirmed that the duty of confidentiality among Ministers is legally enforceable, not just a constitutional convention, under common law principles.
What is the case citation for the Grossman Diaries Case?
Attorney General v Jonathan Cape Ltd [1975] 3 All ER 484
What are the key aspects of Collective Ministerial Responsibility?
Confidence: Government must retain the House of Commons’ support for its policies and actions.
Unanimity: Ministers must publicly support all government policies or resign if they can’t.
Confidentiality: Ministers must keep all discussions and disagreements private.
