Ministerial Responsibility - Individual Flashcards
who is the authority for what a Minister is individually responsible for
R.Brazier in Constitutional Practice
what does R.Brazier in Constitutional Practice argue a Minister has responsibility for
(a) his private conduct
(b) his general conduct of his department
(c) acts done (or things left undone) by civil servants in his department
what are the 3 main sources for IR for private conduct
-Min Code (2024) paras 1.1 and 1.4
-Committee on Standards in Public Life (1995)
-Min Code (2024) para 1.6(f)
what is Min Code (2024) paras 1.1 and 1.4
ministers ‘expected to deserve the seven principles of public life’
what is said in the Committee on Standards in Public Life (1995)
-selflessness
-integrity
-objectivity
-accountability
-openness
-honesty
-leadership
what is Min Code (2024) para 1.6(f)
-no conflict (real or perceived) between public duties and private interests
give 3 examples of private conduct and IR
-Profumo Affair (1963) (affair with soviet spy, resigns)
-Patel (2017, Israel holiday), (2020, bullying backed by BoJo)
-PM BoJo (2019-22, Wallpapergate, Covid Partygate, forced to resign)
explain Profumo Affair (1963)
-P, SoState for War had extra marital affair with soviet spy and lied about it in HoCommons
-resigns (immoral?conflict of interest?lying to Parl?)
what happened in Patel (2017)
-‘summer holiday’ to israel
-14 arranged meetings withouy PM’s knowledge
-sacked as International Development Secretary
what happened to Patel (2020)
-bullying allegations in Home Office
-found to have breached Min Code
-PM overrules independant advisor and keeps Patel but Advisor resigns out of principle
what happened to Boris Johnson (2019-2022)
-Wallpapergate
-Covid-19 Partygate
-Paterson corruption affair
-forced to resign when 55 members of gov quit over 3 days
-takes a few but also applies to PM
what part of the Min Code applies to general conduct if department
-para 1.6(b)
what is Min Code para 1.6(b)
-‘Ministers have a duty to hold Parliament to account, and be held to account, for the policies, decisions and actions of their departments and agencies’
-GENERAL CONDUCT OF DEPARTMENT
give 3 examples of IR and general conduct of department
-Carrington (1982)
-Kwarteng (2022, crashes economy and sacked)
-truss (2022, PM causes economic crisis forced out after 50 days)
explain Carrington (1982)
-Argentina invades Falkland Islands
-Foreign Office had misjudged A’s intentions, leaving UK unprepared
-C, as Foreign Secretary insisted on resignation, ultimately accepted by PM
-very rare
explain Kwarteng (2022)
-Chancellor delivers ‘mini-budget’ which crashes economy
-sacked to save PM Truss
explain Truss (2022)
-PM of Gov caused economic crisis
-sacked Kwarteng first but then forced out after 50 days
what is the authority for Acts of Civil Servants
-Maxwell-Fyfe Doctrine
-minister must protect a civil servant who acts in accordance with his orders/policy or makes minor error
-while constiutionally responsible, not bound to defend action ‘of which he did not know, or of which he disapproves’
what is the Maxwell-Fyfe doctrine
-minister must protect a civil servant who acts in accordance with his orders/policy or makes minor error
-while constiutionally responsible, not bound to defend action ‘of which he did not know, or of which he disapproves’
give 3 examples of IR and Acts of Civil Servants
-Crichel Down Affair (1954)
-Diskgate (2007)
-Rudd(2018)
explain the Crichel Down Affair (1954)
-gov acquired land by compulsory purchase pre-WW2
-land transferred to Ministry of Agriculture post-war
-previous owners ask for re-sale of land as had been promised
-mistakes, errors and false assurances
-Dugdale (Minister for Agriculture) resigned
explain Diskgate (2007)
-2 CDs containing child benefit data of 25 mil people lost in post
-Chancellor Darling did not resign but Chairman of HMRC did (senior civil servant forced out instead)
-‘operation/policy’ distinction where minister claims responsibility for policy but not operation of policy
explain Rudd (2018)
-Windrush scandal concerning potential deportation of citizens with right to remain in UK
-Rudd misleads Select Committee about whether Home Office has targets for deporting ‘illegal immigrants’
-resigns, subsequent report blames civil servants for error
-returned shortly after
give 2 authorities for the sanctions for IR
-Min Code (2024) para 2.1 and 2.4
what is Min Code 2.1
-PM = ultimate judge of standards of behaviour expected of a Minister and the appropriate consequences of a breach of those standards
what is Min Code (2024) para 2.4
-Ministers only remian in office for so long as they retain the confidence of the PM
what does D.Woodhouse argue about IR sanctions
- sanctions are contextual
-most resignations in last 50 years owe something to the media
give a specific example of a rule with a sanction
-rules against lying
-Min Code para 1.6(c) says Ministers must be truthful and correct errors if needed and those who knowingly mislead Parliament must offer resignation
what is Min Code 1.6(c)
Ministers must be truthful and correct errors if needed and those who knowingly mislead Parliament must offer resignation
how was the Min Code amended in 2022 (under Johnson)
-allows possiility of sanctions other than resigning eg public apology, remedial action or removal of ministerial salary for a period
-PM may ask Independant Advisor for confidential advice on appropriate sanction
-final decision on PM
are ministers more likely to resign for personal conduct or departmental errors (what does this suggest)
-personal conduct
-ease of allocating blame? is it balanced? eg David Cameron resigned after gov lost Brexit referendum
