PM and Exec Essay plans Flashcards
Execs important roles
- Proposing budgets
- Policy decisions/proposing legislature
‘Royal prerogative powers
Powers historically held by Crown but transferred to PM/other ministers
Why should royal preogative powers be abolished?
- Award honours
- Declare war and authorise use of armed forces
- Take action to maintain order in case of emergancy
- Award honours
o Grossly abused by PM; May accused of using peerages to garner support for her deal, including nominating Eurosceptic Lord Hayes
Boris with John Woodcock - accused of sexual harrassment but voted for Brexit deal
- Declare war and authorise use of armed forces
o Still no legal requirement for PM to consult MPs before taking military action; e.g., Conservative MPs emphasising May wouldn’t need approval to launch air strikes against Syria following chemical weapons attack there in 2018. Failure to enshrine in law necessity of consulting parliament (as Hague committed to as foreign sec. in 2013)
- Take action to maintain order in case of emergency
o Sometimes decisive and speedy decisions must be taken e.g. special operations, such as the 2015 strike against Mohammed Emwazi in Raqqa, not pre-approved by parliament.
Limitation on declaring war and authorising use of armed forces
o Following Iraq War disasters, informal convention by which MPs would be consulted in advance of military action. E.g., In 2014, MPs were consulted on - and supported - air strikes in Iraq against Isis
What is guillotine
Allocation of tine motion
o Guillotine formally known as ‘allocation of time’ motion, enabling govt to curtail debate on individual clauses of a bill, more recently replaced by Blair with ‘programming motion’ which enables executive to set out in advance time limits for each stage in passage of bill.
How does secondary legislation give exec more power
o Secondary legislation: law made without passing a new act o parliament, using powers crated by an earlier act e.g. 2016 statutory instruments to abolish maintenance grants for uni students and allow fracking in national parks. Increased use of statutory instruments called ‘HVIII clauses’, enabling evasion of parliamentary scrutiny
How does patronage/whip powers + collective ministerial responsibility give exec more power
o Party leadership pressurises MPs to follow party line, with promise of government posts (patronage) and use of whips to ensure MPs toe said line. For example, use of three-line whips ensure MPs vote in a particular way lest the whip be withdrawn, and they have to sit as an independent. In a vote on Heathrow expansion in 2018, 8 Tory MPs defied the 3 line.
Control over parliamentary timetable
o Executive controls most of parliamentary time available for legislation aside from 20 opposition days, 13 days for PMBs and 35 days for debates chosen by Backbench Business Committee; all other days, govt can use its majority to push through legislation. Government can also choose when the time allotted to the Opposition or backbench business is scheduled—meaning that they can simply choose to delay scheduling this time if they think something politically embarrassing might be debated.
What are limitations on the executive
- Scrutiny work of SCs (see select committee essay)
- Increasing power of backbenchers (see backbenchers essay)
- Held accountable by people at election time
- Shift of power due to Brexit
Example of executive held accountable by people at election time
o Regardless of govt power during Parliament, must have consciousness of following will of people or face removal; for example, in the run up to the 1997 election, the Conservatives gained a poor reputation for economic competence, such as with the ‘Black Wednesday’ crisis which the UK Treasury estimated the cost of at £3.4 billion. Voters reacted to this mismanagement of a key area of policy, and Labour won a landslide victory with 418 seats.
- Shift of power due to Brexit
May incredibly weakened. Evident in Parliament taking control of legislative agenda – March 2019, MPs seize legislative agenda to hold indicative vote on Brexit, with Attorney General Geoffrey Cox saying any indicative motion passed by MPs would legally require the Government to follow Parliament’s instruction or risk breaching ministerial code – i.e. massive transfer of power from executive to Parliament
individual ministerial responsibility
Concept ministers are responsible for running of their department and its policies, as well as for standard of own personal conduct; set out in doc.. called ‘Ministerial Code.
- If large mistakes in terms of policy are made ministers are held accountable
o Amber Rudd dramatic resignation as home secretary, unable to account for unjust treatment of Windrush gen. migrants. Rudd in resignation letter said regarding targets for removing illegal migrants: ‘I should have been aware of this, and I take full responsibility that I was not’.
Example of gov’t throwing civil service under the bus instead of holding individual ministerial responsibilities
Jonathan Slater - fired by Boris Johnson after exams fiasco even though its all Gavin Williamsons fault
- Govt now large/complex so ministers can’t be expected to know about everything
o Rudd resignation reflects leaks in Guardian suggesting she did know about the targets, despite public denial.
- Sense of responsibility leading to necessity to stay occasionally – flexibility of concept, determined mainly by media now
o Charles Clarke, Home Sec. challenged 2006 to account for movement of 1k foreign prisoners, freed without being considered for deportation. Clarke admitted his dept had ‘taken its eye off the ball’ but told BBC ‘I have a duty to sort this out’. Had offered Blair privately to resign, PM said continue. 10 days later, Blair sacked him in wider cabinet reshuffle with affair showing no signs of abating; so, seem more determined by media outrage and pressure than by actual convention
- Or just think of Gavin Williamson
- Civil servants increasingly held to blame
Mark Sedwill cabinet secretary n chief security advisor blamed for Covid cock ups and apparently anti brexit