Lecture 5: Individual Ministerial Responsibility and the Civil Service Flashcards
What does “Individual Responsibility” require of ministers?
(it is a constitutional convention)
Ministers must provide Parliament with full and accurate information about their department’s activities.
Full = no withholding of information; Accurate = no misleading Parliament.
What is the Ministerial Code?
A political instrument (not legally binding) codifying conventions that govern Ministerial conduct.
It states that ministers must be accountable for the policies, decisions, and actions of their departments.
What do ministers have individual responsibility for?
Their personal conduct, including their private life.
The policies and work of their specific government department or portfolio.
The acts and omissions of civil servants in their department.
What standard of conduct is expected from Ministers?
Ministers must maintain a higher standard of private conduct than others in public life, adhering to ethical standards outlined in the Ministerial Code.
What does the Ministerial Code say about Ministers’ behavior?
Ministers must maintain high standards of behavior and uphold propriety.
Ministers should embody public service principles and set a positive example.
Ministers are accountable to the Prime Minister for their conduct.
What was the Profumo Affair (1963) and its impact?
ohn Profumo, Secretary of State for War, resigned after lying to Parliament about an extramarital affair.
The affair raised concerns about national security but was his dishonesty to Parliament that led to his resignation.
What happened with Matt Hancock (2021)?
Matt Hancock resigned as Health Secretary after CCTV footage showed him breaching his own COVID-19 rules during an extramarital affair.
Although his actions didn’t affect departmental operations, they undermined public trust.
Does personal misconduct always result in ministerial sanctions?
Not always. Example: Priti Patel (2020) was accused of bullying civil servants, but PM Boris Johnson decided there was no breach of the Ministerial Code, and she was not dismissed.
What happened with Priti Patel (2020)?
A Cabinet Office inquiry found evidence of bullying by Priti Patel, but the Prime Minister decided no breach of the Ministerial Code occurred, and she wasn’t dismissed.
The PM’s ethics advisor resigned after the decision.
What are Ministers responsible for regarding their department?
Ministers are responsible for everything their department does or fails to do, including civil servant decisions, policy errors, and systemic issues.
They provide leadership and oversight, and if something goes wrong, the Minister is held accountable.
What is the concept behind “the buck stops with the Minister”?
The Minister is responsible for any wrongdoing within their department because they have the power to direct and oversee all activities within it.
What happened in the Amber Rudd (2018) Windrush scandal?
Amber Rudd resigned as Home Secretary after it was revealed that the Home Office wrongfully detained and deported Windrush generation members.
Despite claiming she was unaware of deportation targets, she took responsibility for misleading Parliament and resigned.
What happened with Liz Truss and Kwasi Kwarteng (2022)?
Liz Truss’s mini-budget, which cut taxes for high-earners and increased public borrowing, led to an economic crisis.
Kwasi Kwarteng was dismissed as Chancellor, and while most measures were reversed, Truss resigned due to the crisis and the unworkable position.
What does the Cabinet Manual state about civil servants’ accountability?
The Cabinet Manual [7.1] states that civil servants are accountable to Ministers, who are then accountable to Parliament.
What are the Osmotherly Rules?
The Osmotherly Rules [9] guide civil servants on giving evidence to parliamentary select committees, stating they do so on behalf of their Ministers and under their directions.
What is the political neutrality of civil servants?
Civil servants must remain politically neutral in their roles.
What is the Carltona Principle?
The Carltona Principle states that a decision-maker must exercise their power personally and cannot delegate it, based on parliamentary intention, qualification, and accountability.
What is the non-delegation principle?
The non-delegation principle holds that it is unlawful for a statutory decision-maker to delegate their power to another person or body, as it undermines accountability.
Can a minister delegate decision-making to others?
Ministers cannot delegate decisions to others (e.g., having an expert group make the decision). However, consulting experts and then making a decision based on those views does not violate the non-delegation principle.
Why is applying the non-delegation principle too strictly problematic?
Ministers would have to make thousands of decisions daily, which is impossible. Civil servants, under the Minister’s authority, make many of these decisions.
What does the Carltona doctrine allow?
The Carltona doctrine allows civil servants to exercise ministerial powers, with the understanding that the Minister remains constitutionally accountable for those decisions.
What is an example of the Carltona Principle in practice?
The Department for Work and Pensions makes millions of decisions about social security benefits. Ministers are not directly involved in each decision; civil servants make them, but Ministers are accountable for the outcomes.
What is the significance of the Carltona Ltd v Commissioners of Works [1943] case?
In Carltona Ltd v Commissioners of Works [1943] 2 All ER 560, Lord Greene established the Carltona Principle, stating that Ministers’ functions are too numerous for them to handle personally, and public business could not continue without delegation to civil servants.
What is the case R v Adams [2020] UKSC 19 about?
The case concerns the detention without trial of Gerry Adams in 1973 under an Interim Custody Order (ICO) signed by a junior minister, questioning whether the Carltona doctrine applies to justify delegation of the ICO signing.
What was the issue in R v Adams regarding the ICO?
The issue was whether the ICO authorizing Adams’ detention, signed by a junior minister rather than the Secretary of State, was valid under the law.
What is the Carltona doctrine and how does it relate to R v Adams?
The Carltona doctrine allows ministers to delegate decision-making powers to junior ministers or civil servants. In R v Adams, the question was whether this doctrine applied to the signing of an ICO for detention.
What did Lord Kerr say about the application of the Carltona doctrine in R v Adams?
Lord Kerr stated that there is no presumption in law that the Carltona doctrine automatically applies unless explicitly removed by statute, and the application should depend on textual analysis of the legislation and the importance of the subject matter.
What was Lord Kerr’s conclusion in R v Adams?
Lord Kerr concluded that the Carltona principle did not apply because the wording of the legislation and the serious consequences of the ICO made it inappropriate for delegation to a junior minister.
What did the relevant legislation in R v Adams say about the ICO?
The legislation stated that the ICO could be signed either by the Secretary of State or by a junior minister, which was central to Adams’ appeal regarding the legality of his detention.
Does a Minister have to resign due to individual responsibility?
No, resignation is not required by law; it is a political choice. It depends on factors like the seriousness of the wrongdoing, the minister’s feelings, PM’s support, political pressure, and media pressure.
What factors determine if a Minister must resign?
Seriousness of wrongdoing (e.g., a minor mistake by a civil servant vs. knowingly misleading Parliament).
Minister’s feelings of embarrassment.
Support from the Prime Minister.
Political pressure from the party and MPs.
Media pressure on the Minister.
How does the seriousness of wrongdoing affect a Minister’s resignation?
A single mistake by a civil servant is usually not grounds for resignation (may just need an apology).
Knowingly misleading Parliament is a serious offense that would usually require resignation.
Why might a Minister choose to resign, even if not legally required?
Due to personal embarrassment, lack of support from the Prime Minister, political party backlash, or media pressure.
What role does the Prime Minister play in a Minister’s resignation?
If a Minister loses the Prime Minister’s support, they may be dismissed, leading to resignation or dismissal.
How can media pressure influence a Minister’s decision to resign?
Intense media pressure, especially regarding the Minister’s personal life, can influence their feelings and make their position untenable.
