Ministers - PM, Cabinet, CMR, ministerial responsibility, ministerial code, civil service Flashcards
What is the ‘central executive’ composed of?
PM and Cabinet
How is the PM chosen?
Chosen by their party as its leader “able to command the confidence of the House of Commons”
Formally appointed by the sovereign.
What is the Cabinet?
Body of senior ministers at the heart of the central executive.
Greatest power in the executive.
purpose of Cabinet and its committees is to provide a framework for ministers to consider and make collective decisions on policy issues.
Exists as a matter of convention -> powers not found in legisaltion.
What are cabinet committees?
deal with specific areas of government administration.
Number, terms of reference and subject matter of the committees is within PM’s control.
Cabinet committee decisions have the same status as decisions from the full cabinet.
e.g. COBRA -> national emergencies such as terrorist attacks or COVID
What is the Cabinet Office?
Department of UK Government.
supports the PM and the Cabinet and ensure that the Civil Service helps the government attain its policy goals.
The Cabinet Office responsibility for the following key areas of government policy:
- Political and constitutional reform
- The Civil Service
- Supporting the National Security Council and Joint Intelligence Organisation
- The Independent Parliamentary Standards Authority
Who are privy counsellors today?
individuals who hold/ have held high political or judicial office.
The Privy Council’s day-to-day business is mostly conducted by government ministers rather than by privy counsellors.
The Privy Council ‘advises’ the monarch on the exercise of the royal prerogative. Secure the monarch’s formal approval of documents which have already been approved by the Cabinet, or by government departments.
Proceedings of the Privy Council are secret.
What is the doctrine of collective ministerial responsibility?
idea that decisions made by the cabinet and its committees bind all government ministers.
Shows a united front -> once a policy has been agreed to, all ministers agree to support the policy.
What are the 3 components of Collective Ministerial Responsibility Convention?
- Confidentiality
duty on ministers not to disclose confidential matters discussed in Cabinet.
- Unanimity
- Confidence
Government needs to retain the confidence of parliament; need for continued confidence in the Commons otherwise there may be a risk of a ‘vote of no confidence’
What is the convention of individual ministerial responsibility?
Idea that the minister, as head of government should take responsibility for failings within it; including the moral requirement to resign.
by virtue of the convention of individual ministerial responsibility, when should a minister resign?
Situations in which the minister should resign:
- The relevant minister had personal involvement or
- Knowledge of the issue or error.
Situations where the minister should not resign:
1) Minister played no role and,
2) Given the size of UK government by the mid-20th century, could not have been expected to.
What is meant byt he policy/ operational divide?
distinction between (i) responsibility for policy which belongs to the minister and (ii) failure of officials to properly implement policy for which the minister is not necessarily accountable.
Despite the weakening over time in the degree of obligation felt by ministers to resign, there has been a greater emphasis on more direct forms of accountability.
What are some examples of this?
emphasis on ministers keeping Parliament informed about departmental problems and errors rather than just resigning.
Increased openness of government.
‘Ministers have a duty to Parliament to account, and be held to account, for the policies, decisions and actions of their departments and agencies.’ (para 1.3b and c of the Ministerial Code).
What is the Ministerial Code?
effectively codifies the principle of collective responsibility.
sets out the principles underpinning the standards of conduct expected of Ministers.
The Ministerial Code is a relatively new development, and it reflects the impetus towards transparency and accountability in government.
Despite the various conventions governing the constitutional principal of responsible government, there was a need for a more formal, written guidance for ministers to define governmental standards more effectively.
The first version to be entitled the ‘Ministerial Code’ was published at the start of Tony Blair’s premiership in 1997.
What are the Nolan principles - 7 principles of public life?
ministers are expected to observe the Seven Principles of Public Life – para 1.3 of the Ministerial Code (1997).
- Selflessness
- Integrity
- Objectivity
- Accountability
- Openness
- Honesty
- Leadership
Are the Nolan principle enforceable?
no; Code is an unenforceable set of rules’ ‘soft law’ instrument
