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Public 1 and Contract > Pl 1.4 Responsible Government > Flashcards

Pl 1.4 Responsible Government Flashcards

1
Q

Role of PM

A

Political head of the UK government.

Leader of the political party, which is ‘able to command the confidence of the House of Commons’,

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2
Q

PM’s Powers

A

Few powers in law, sig by convention

  • Appoint or remove ministers (by advising King)
  • Size and composition of Cabinet
  • General policy direction of gov
    Subject matter and composition of Cabinet comittees
  • When Cabinet meets and agenda
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3
Q

PM is also the

A

Minister for the Civil Service
First Lord of the Treasury.

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4
Q

Cabinet Office

A

Department of the UK Gov, supports to the PM and Cabinet

Ensure the Civil Service helps gov

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5
Q

Head of Civil Service

A

senior government official within the Cabinet Office, operating as the Cabinet Secretary.

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6
Q

Cabinet Office has responsibility for:

A

Political and constitutional reform
* The Civil Service
* Supporting the National Security Council and Joint Intelligence Organisation
* The Independent Parliamentary Standards Authority

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7
Q

Privy Council

A

The PC “advises” the monarch on the exercise of the royal prerogative.

It meets to get Monarch approval

Secret, and allegiance.

Leaders of opposition parties are also appointed

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8
Q

The Cabinet

A

“ultimate decision making body of government”
Chaired by the PM and meets weekly
Exists via convention, but not found in legislation.
Cabinet Ministers are also Privy Counsellors.

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9
Q

Cabinet Committes

A

Cabinet committees deal with
specific areas of government administration, such as national security.

Cabinet committee decisions have the same status as decisions of the full
Cabinet.

They relieve pressure on decision making

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10
Q

COBRA Committee

A

Cabinet Office Briefing Room and it provides the mechanism for agreeing government response to major emergencies such as a terrorist attack or pandemic.

No fixed membership

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11
Q

Collective Ministerial Responsibility

A

All government ministers are bound by the collective decisions of the Cabinet

  • Confidentiality
  • Unanimity
  • Confidence

= Convention

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12
Q

CMR: Confidentiality

A

Duty not to disclose confidential matters.

Attorney-General v Jonathan Cape … Crossman Diaries:
- Convention not legally enforceable in its own right.
Court did accept legal action in some confidence

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13
Q

CMR: Unanimity

A

Publicly agree or resign

Heseltine resigned over the Westland Affair in 1986

Robin Cook; Clare Short; and John Denham resigned over Iraq intervention.

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14
Q

CMR: Confidence

A

Confidence of Parliament (the people)

Vote of no confidence –> PM resigns

eg 1979 James Callaghan.

Purely governed by convention following the 2022 repeal of the Fixed term Parliaments Act 2011

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15
Q

Individual Ministerial Responsibility

A

IMR has been supplemented to a large extent by the Ministerial Code.

Classic doctrine, is minister accepts responsibility and resigns for failures.

Uncertainty arises around:
- Degree of fault in modern “big government”
- Unavoidable entanglement with short-term realities of political world

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16
Q

Evolution of convention of IMR

A

Sense of obligation has become weaker - a matter of changing constitutional morality or practicality?

Interventionist government ==> disconnect betwee top and operational matters

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17
Q

Crichel Down Affair

A

1954
Resignation of Minister for Agriculture Thomas Dugdale

Inquiry after reneging on a promise made by civil servants in department

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18
Q

Maxwell Fyfe Guidelines

A

Recommendations following Crichel Down Inquiry

Distinguished between situations where relevant minister had personal involvement or knowledge - in these cases Minister should resign

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19
Q

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

A

Resign

Maxwell Fyfe

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20
Q

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.

A

Resign

Maxwell Fyfe

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21
Q

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

A

No resignation needed

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22
Q

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.

A

No resignation required

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23
Q

James Prior, Northern Ireland Secretary

A

Did not resign following mass break out from Maze Prison in 1983

policy/operational divide

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24
Q

Michael Howard, Home Secretary

A

Refused to resign following the escape of six high category prisoners from Whitemore Prison in 1994

Dispute with the Director of Prison Service, Derek lewis, who he blamed for operational failings.

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25
Q

IMR: Accountability

A

Weakening obligation to resign, but a greater emphasis on direct accountability.

  • Keeping Parliament informed about problems/errors

Openess is a key trend in modern public law

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26
Q

Scott Report

A
  1. ‘Arms to
    Responsible government 63
    Iraq affair’ from the 1980s. = constructive response to a
    serious problem within government.

Greater openess and accountability

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27
Q

Enhanced emphasis on accountability and openness of government…

A
  • Key trend in modern public law
  • Principle rationale for judicial scrutiny of the executive
  • notable feature of the Ministerial Code
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28
Q

Informing Parliament

A

MC updated in
May 2022) state at paras 1.3 b. and c:

  • ‘Ministers have a duty to Parliament to be accountable for the policies,
    decisions and actions of their departments and agencies.’
  • ‘It is of paramount importance that Ministers give accurate and truthful information to
    Parliament, correcting any inadvertent error at the earliest opportunity.

Ministers who
knowingly mislead Parliament will be expected to offer their resignation to the Prime
Minister.

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29
Q

Profumo Affair

A

Mislead Parliament
Resignation of John Profumo in 1963

30
Q

Background of the Ministerial Code

A

Impetus towards transparency and accountability.

No enforcement mechanism

Written guidance originated in 1980s and was made public in John Major’s 1992 government

31
Q

First version of Ministerial Code

A

1997
Published at the start of Tony Blair’s premiership

32
Q

MC Principles

A

Seven Principles of Public Life = Nolan Principles of Public
* Selflessness
* Integrity
* Objectivity
* Accountability
* Openness
* Honesty
* Leadership

33
Q

Ministerial Code Rules

A

Unenforceable set of rules = soft law

Investigation of breaches are at the discretion of the PM

34
Q

Ministerial code covers…

A
  • conduct of ministers (not their performance or effectiveness in office)
  • principle of collective responsibility
  • Proper and transparent engagement with Parliament
  • conflicts of interest
  • Proper use of government resources
35
Q

Application of the Ministerial Code

A
  • Government Ministers (in full)
  • Parliamentary private secretaries (some parts only)
  • Special advisers (some parts only)
36
Q

Conseq of breaking the MC

A

Guidance only.

Responsibility - PM ultimate judge.

PM can refer to the PM’s Independent Adviser on Minister’s Interest who can initiate an investigation

37
Q

BJ and updating the Ministerial Code

A

Updated the Ministerial Code during premiership, as opposed to at the start.

  • Removed seven principles from the foreward.
  • Need for public apology or docking of salaryonly at PM discretion
38
Q

Ministerial Code: CMR

A

Ministers should be able to express their
views frankly in the expectation that they can argue freely in private while maintaining a
united front when decisions have been reached.

Privacy should be maintained

39
Q

Ministerial Code: Engagement with Parliament

A

S9 of the Code provides specific detail on how ministers ought to relate to Parliament

The most important announcements of Government policy should be made in the first instance, in Parliament.

40
Q

Esther McVey

A

MP SoS for Work and Pensions
NAO “wanted to roll out faster” Universal Credit

NAO said this was incorrect

Alleged breach

41
Q

Consequences of McVey’s alleged breacj

A

Head of NAO took wrote to McVey to take issue with how she responded.

Calls for McVey’s resignation, for deliberately misleading Parliament.

She apologised in Parliament for ‘inadvertently misleading’ it.

42
Q

Ministerial Code: Conflicts of Interest

A

Principle 7:
- no conflict arises, or could reasonably be perceived to arise, between their public duties and their private interests, financial or otherwise.
- no Minister should accept gifts from anyone placing them under obligation (same for member of family)

43
Q

Priti Patel - Conflict of Interest

A

Priti Patel MP was forced to resign from Theresa May’s government in November 2017.

As International Development Secretary, she had conducted unofficial meetings with Israeli
ministers and business reps

44
Q

Priti Patel under BJ

A

Appointed Home Secretary

Accused of having breached the Ministerial Code prior to this appointment, for
doing paid strategic consulting work for a private company without seeking approval from the
advisory committee on business appointments.

The Prime Minister took no action.

45
Q

General principle on behaviour

A
  • Professional in all dealing
  • Consideration and Resect
  • Proper and appropriate working relationships
  • Harassing/Bullying… not tolerated
46
Q

Michael Fallon

A
  • Defence Secretary
  • Resigned October 2017
  • Allegations of inappropriate sexual behaviour.
  • Left Parliament before the 2019 general election.
47
Q

Gavin Williamson

A
  • Resigned from Cabinet as Minister without Portfolio in November
    2022
  • Allegations of bullying and aggressive text messaging made against him by
    the former government Chief Whip, Wendy Morton.
48
Q

Dominic Raab

A
  • resigned as Justice Secretary in April 2023
  • Report by Adam Tolley KC: responsible for intimidation and overly aggressive criticism of several civil servants,
    as well as an abuse of his power during his time as Foreign Secretary
49
Q

Priti Patel Bullying

A

BJ didnt make her resign after Cabinet Office inquiry found her responsible for bullying behaviour in the Home Office

50
Q

Ministerial Code: Emphasis on IMR

A

On Ministerial Accountability and conduct rather than performance of ministers in office

51
Q

What does the Civil Service do?

A

As set out in the Cabinet Manual

  • Civil service supports the gov
  • Political impartiality
52
Q

Constitutional principles of the Civil Service

A
  • Permanence
  • Political Neutrality
  • Anonymity
53
Q

Civil Service: Permanence

A
  • does not
    change personnel with each new gov
  • pool of people with
    specialist skills and
    experience
54
Q

Civil Service: Political Neutrality

A
  • A requirement of permanence
55
Q

Civil Service: Anonymity

A

Civil servants are not (with some senior exceptions) public-facing.

The Minister is politically accountable for
the dept’s actions.

56
Q

Ministerial Code – general principle 5.1

A

requires all ministers to uphold the political impartiality of the Civil Service, and not ask civil servants to act in any way which would conflict with the Civil Service Code.

57
Q

Structure of Gov Departments

A

SoS, Permanent Secretaries, Special Advisors, Senior Responsible Owners, Civil Servants

58
Q

SPADS

A

Special Advisors
Political appointees

59
Q

Permanent Secretaries

A

Most senior civil servant in department.
Politically neutral

60
Q

Accounting Officer

A

The personal accountability of the Accounting Officer = Parliament’s
ability to hold the Executive to account for public spending

Permanent Secretary usually the Accounting Officer

61
Q

Senior Responsible Owners

A

Politically responsible - personally responsible for delivery of major gov projects.

Accountability relates to implementation not policy development

62
Q

SROs, Perm Secs and Accounting Officers may be called to give evidence to

A

Parliamentary Select Committees

63
Q

Civil Service Code: Core values

A
  • Integrity
  • Honesty
  • Objectivity
  • Impartiality
64
Q

Civil Servants are accountable to….

A

Ministers, who in turn are accountable (at least in theory) to Parliament.

65
Q

Political Impartiality

A

Civil Service Code
- Retain confidence of ministers
- Same relationship with any future government
- Not alienate opposition ministers
- Code forms part of a “contractual relationship” between civil servant and the government department - breach is therefore a breach of employment contract/

66
Q

Can ministers dismiss civil servants?

A

No - at least nor formallt

67
Q

Civil Service Accountability to Parliament

A

Questioning of civil servants by Parliamentary Select Committees (PSCs).

67
Q

The function of the CS is to ….

A

The function of the CS is to implement the policies of the government of the day

67
Q

Margaret Hodge MP

A

Former Chair of the Public Accounts Committee gave her view in 2016 that the convention of CS being accountable to ministers, being accountable to parliament is broken

67
Q

Senior civil servants are accountable to….

A

Parliament
An important convention

Public 1 and Contract (24 decks)

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