Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

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’,

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

PM is also the

A

Minister for the Civil Service
First Lord of the Treasury.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Cabinet Office

A

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

Ensure the Civil Service helps gov

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Head of Civil Service

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Collective Ministerial Responsibility

A

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

  • Confidentiality
  • Unanimity
  • Confidence

= Convention

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

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

A

No resignation needed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

James Prior, Northern Ireland Secretary

A

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

policy/operational divide

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
IMR: Accountability
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
26
Scott Report
1996. ‘Arms to Responsible government 63 Iraq affair’ from the 1980s. = constructive response to a serious problem within government. Greater openess and accountability
27
Enhanced emphasis on accountability and openness of government...
- Key trend in modern public law - Principle rationale for judicial scrutiny of the executive - notable feature of the Ministerial Code
28
Informing Parliament
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.
29
Profumo Affair
Mislead Parliament Resignation of John Profumo in 1963
30
Background of the Ministerial Code
Impetus towards transparency and accountability. No enforcement mechanism Written guidance originated in 1980s and was made public in John Major's 1992 government
31
First version of Ministerial Code
1997 Published at the start of Tony Blair's premiership
32
MC Principles
Seven Principles of Public Life = Nolan Principles of Public * Selflessness * Integrity * Objectivity * Accountability * Openness * Honesty * Leadership
33
Ministerial Code Rules
Unenforceable set of rules = soft law Investigation of breaches are at the **discretion of the PM**
34
Ministerial code covers...
* 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
Application of the Ministerial Code
* Government Ministers (in full) * Parliamentary private secretaries (some parts only) * Special advisers (some parts only)
36
Conseq of breaking the MC
**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
BJ and updating the Ministerial Code
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
Ministerial Code: CMR
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
Ministerial Code: Engagement with Parliament
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
Esther McVey
MP SoS for Work and Pensions NAO "wanted to roll out faster" Universal Credit NAO said this was incorrect Alleged breach
41
Consequences of McVey's alleged breacj
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
Ministerial Code: Conflicts of Interest
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
Priti Patel - Conflict of Interest
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
Priti Patel under BJ
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
General principle on behaviour
- Professional in all dealing - Consideration and Resect - Proper and appropriate working relationships - Harassing/Bullying... not tolerated
46
Michael Fallon
- Defence Secretary - Resigned October 2017 - Allegations of inappropriate sexual behaviour. - Left Parliament before the 2019 general election.
47
Gavin Williamson
- 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
Dominic Raab
- 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
Priti Patel Bullying
BJ didnt make her resign after Cabinet Office inquiry found her responsible for bullying behaviour in the Home Office
50
Ministerial Code: Emphasis on IMR
On Ministerial Accountability and conduct rather than performance of ministers in office
51
What does the Civil Service do?
As set out in the Cabinet Manual - Civil service supports the gov - Political impartiality
52
Constitutional principles of the Civil Service
- Permanence - Political Neutrality - Anonymity
53
Civil Service: Permanence
- does not change personnel with each new gov - pool of people with specialist skills and experience
54
Civil Service: Political Neutrality
- A requirement of permanence
55
Civil Service: Anonymity
Civil servants are not (with some senior exceptions) public-facing. The Minister is politically accountable for the dept’s actions.
56
Ministerial Code – general principle 5.1
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
Structure of Gov Departments
SoS, Permanent Secretaries, Special Advisors, Senior Responsible Owners, Civil Servants
58
SPADS
Special Advisors Political appointees
59
Permanent Secretaries
Most senior civil servant in department. Politically neutral
60
Accounting Officer
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
Senior Responsible Owners
Politically responsible - personally responsible for delivery of major gov projects. Accountability relates to implementation not policy development
62
SROs, Perm Secs and Accounting Officers may be called to give evidence to
Parliamentary Select Committees
63
Civil Service Code: Core values
* Integrity * Honesty * Objectivity * Impartiality
64
Civil Servants are accountable to....
Ministers, who in turn are accountable (at least in theory) to Parliament.
65
Political Impartiality
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
Can ministers dismiss civil servants?
No - at least nor formallt
67
Civil Service Accountability to Parliament
Questioning of civil servants by Parliamentary Select Committees (PSCs).
67
The function of the CS is to ....
The function of the CS is to implement the policies of the government of the day
67
Margaret Hodge MP
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
Senior civil servants are accountable to....
Parliament An important convention

Public 1 and Contract (24 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions