prime minister and the executive Flashcards
the structure and the role of the executive.
structure :
- executive = the goverment
- most important members of the executive are the prime minister and the cabinet.
cabinet = the head of the department of states + chief whip. - junior ministers are also members of the government although they do not generally attend cabinet.
- the executive Is served by senior civil servants, who run the administration of the departments of state and implement government policies. The most important
of these is the chief secretary to the cabinet, the country’s most senior civil servant, who provides impartial guidance to the prime minister as well as taking the minutes
of cabinet meetings. - the prime minister also takes policy advice from key political advisors such as the cabinet office and the policy unit on 10 downing street.
role :
- introduces into parliament proposals for new legislation based on the manifesto wich it fought for in the general election. this is included in the kings speech wich is delivered to parliament at the state opening of a new government to both the hoc and the hol
- introduces into parliament legislation in response to changing circumstances. this is known as the ‘doctors mandate’. this is referred to in the kings speech ‘ other measures will be laid before you’
- It introduces a Budget, which outlines how the government proposes to raise revenue. This is presented to Parliament in the autumn and is drawn up by the
chancellor of the exchequer in negotiation with the prime minister. - It can also introduce secondary or delegated legislation. This means that
when legislation has already been passed by Parliament it can be modified by the government without the need for new primary legislation. Statutory instruments, sometimes known as Henry VIII clauses, are used to make these changes. They have been criticised for being undemocratic as they seek to bypass
full parliamentary scrutiny and debate. During the Covid-19 pandemic many restrictions on public activity and personal freedoms were introduced through statutory instruments, leading to criticism from the speaker of the House of
Commons, Sir Lindsay Hoyle, that this had shown ‘a total disregard for the
House’.
The sources of power of the prime minister
the authority of the prime minister to govern the nation is given to him/her by the monarch on the basis that he/she has managed to accumulate the support of the majority of mps in the house of commons. they must also have the support of their political party.
key figures such as margerat thatcher 1990, and boris johnson 2022 resigned when it was clear they had lost the support of their party.
in exceptional circumstances, the prime minister can be appointed without leading their party.
in 1940, king goerge the 6th appointed winston Churchill as the prime minister. this is because the king was certain that only Churchill could establish an all party wartime colation.
There is also a convention that the prime minister should be a member of the House of Commons. When Lord Home formed a government following the resignation of Harold Macmillan in 1963, he renounced his peerage and fought a by-election to
secure a seat in the House of Commons. The prime minister can be asked by the monarch to form a government having won a general election or because they are replacing a prime minister who has resigned.
The powers of the prime minister
The prime minister, as the head of the executive, exercises the royal prerogative.
These executive powers derive from the monarchy but are exercised on the monarch’s
behalf by the prime minister. As a result of the transfer of royal prerogative powers,
the prime minister:
l determines the membership of the government, including the cabinet and cabinet
committees
- makes senior appointments to the civil service and judiciary
- recommends most appointment of life peers to the House of Lords
- directs military forces in combat
decides whether to activate the UK’s Trident nuclear deterrent.
The government shares in the prime minister’s royal prerogative. For example, in
2013 the Ministry of Justice requested a posthumous royal pardon for Alan Turing.
Turing cracked the German enigma code in the Second World War but in 1952 was
convicted of ‘gross indecency’ with another man.
The role of government departments
the goverment compromises of cabinet ministers and junior ministers.
Cabinet ministers are generally in charge of departments of
state.
The function of government departments is to manage that particular area of
government and to develop policy.
Each ministerial team makes proposals for legislation concerning their department.
This includes the introduction of major primary legislation into Parliament and also
the amending of existing legislation, known as secondary or delegated legislation.
The key figures in a department are the secretary of state, who takes ultimate
responsibility for the department, and their junior ministers, who are also bound by
the principle of collective ministerial responsibility.
Each department relies on the
support of the civil service, headed by a chief secretary. Unlike political advisers, the
civil service is defined by the principles of neutrality, anonymity and permanence,
which means that civil servants should provide impartial advice, to any government,
on policy development and implementation. They are therefore not expected to be
held accountable for the actions of a department since the overall focus of policy and
administration should have been determined by elected politicians.
Individual ministerial responsibility
ministers must be held accounatble for the actions of their department.
they should therefore justudy the actions of their department during parlimentary debate and by appearing before select committees.
individual ministerial responsibility also means that a minister should take responsibility for serious administrative or policy mistake within their department of wich they should have been aware of.
The Ministerial Code of Conduct (1997, updated 2019 and 2022) establishes the
following general principles that ministers should obey:
1:1 ‘Ministers of the Crown are expected to maintain high standards of behaviour
and to behave in a way that upholds the highest standards of propriety.’
1:2 ‘Harassing, bullying or other inappropriate or discriminating behaviour
wherever it takes place is not consistent with the Ministerial Code and will not
be tolerated.’
1:3 (b) ‘Ministers have a duty to Parliament to account, and be held to account, for
the policies, decisions and actions of their departments and agencies.’
1:3 (c) ‘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.’
1:6 ‘Ministers only remain in office for so long as they retain the confidence of the
Prime Minister. He is the ultimate judge of the standards of behaviour expected
of a Minister and the appropriate consequences of a breach of those standards.’
individual ministerial responsibility - Administrative failure
In 1954, Sir Thomas Dugdale resigned as minister of agriculture over the Crichel
Down affair, when his department failed to return land to its rightful owner after it
had been compulsorily purchased to be a bombing range before the Second World
War. Although Dugdale’s civil servants were the ones mostly at fault, Dugdale
resigned, telling Parliament, ‘I, as minister, must accept full responsibility for any
mistakes and inefficiency of officials in my department, just as, when my officials
bring off any successes on my behalf, I take full credit for them.’
Individual ministerial responsibility - policy failure
times in wich ministers have resigned and not resigned.
In 1982, Lord Carrington resigned as foreign secretary from Margaret Thatcher’s
government in the immediate aftermath of Argentina’s invasion of the Falklands.
The reason for his resignation was that the Foreign Office should have been more
aware of Argentina’s intentions and should have made clearer what the response of
the British government would be to any military intervention. In his resignation
letter, he wrote:
‘The Argentine invasion of the Falkland Islands has led to strong criticism in
Parliament and in the press of the Government’s policy. In my view, much of the
criticism is unfounded. But I have been responsible for the conduct of that policy,
and I think it right that I should resign.’
In 2002, Tony Blair’s education secretary, Estelle Morris, was caught up in a political crisis over who should take responsibility for a scandal involving inappropriate
A-level grade fixing. Like Lord Carrington, she took full responsibility for the
policy failure and resigned.
Norman Lamont, chancellor of the exchequer, 1992 On ‘Black Wednesday’ (16 September 1992) the Major government was forced to abandon the European exchange rate mechanism (ERM), having raised interest rates by a staggering 5% in a desperate attempt to retain membership. As chancellor of the exchequer, Lamont was most closely associated with this policy failure. Lamont refused to resign, however, because the policy he was pursuing was also that of the prime minister. He claimed that since Major had not resigned, neither should he.
Michael Howard, home secretary, 1995 As home secretary, Michael Howard was widely criticised for not resigning following a series of mass breakouts from Parkhurst jail. These indicated significant administrative failings within the Home Office. Instead, Howard sacked the director
general of the Prison Service, Derek Lewis, since he had been in operational control of the policy that had led to the escapes. Lewis subsequently won a case of wrongful
dismissal against Howard.
Gavin Williamson, education secretary, 2020 In 2020, because of the Covid-19 pandemic, schools were required to provide A-level and GCSE candidates with centre-assessed grades, which would then be modified by means of an algorithm. When this led to many A-level pupils not achieving the grades they required for university, Williamson abandoned the algorithm and
pupils were given grades based purely on their centre assessment. Although Sally Collier, chief regulator of Ofqual, resigned because of her responsibility for the policy failure, Williamson remained in his post as education secretary until 2021
when Boris Johnson dismissed him from the government
Individual ministerial responsibility - scandal
A minister can also be held accountable for their personal conduct and if this brings the government into disrepute, they are expected to take responsibility for their actions and, if appropriate, resign.
John Profumo, secretary of state for war, 1963 John Profumo was one of the rising stars of the Macmillan government. However, in
1963 the press uncovered evidence of his affair with the 19-year-old Christine Keeler, who had also been in a relationship with a soviet spy, Yevgeny Ivanov. Having lied to
Parliament about his relationship with Keeler, Profumo resigned.
Chris Huhne, energy secretary, 2012
Chris Huhne was forced to resign from the coalition government over media claims that he had perverted the course of justice by colluding with his former wife, Vicky Pryce, so that she took responsibility for his speeding offence. Both were convicted and sent to prison for the crime.
Priti Patel, international development secretary, 2017 Priti Patel resigned from Theresa May’s government over a series of unofficial private meetings that she’d had with Israeli ministers, including the prime minister, Benjamin Netanyahu. Patel’s failure to report the meetings also put her directly in contravention of the code’s requirement that ‘any significant content should be passed back to the department as soon as possible after the event’.
No more good chaps?
( how the principle of individual ministerial responsibility relies on the prime minister )
The principle of individual ministerial responsibility, of course, depends on the prime minister being prepared to hold their ministers properly accountable, as well as not breaching the Ministerial Code of Conduct themselves.
However, in 2022 this came close to breaking point when Boris Johnson was accused of misleading Parliament over whether he had attended Downing Street parties in defiance of the government’s own Covid-19 lockdown restrictions.
As the political crisis intensified, in May a report by senior civil servant Sue Gray accused No. 10 of ‘failures of leadership and judgement
Soon after, Johnson announced a revision of the ministerial code. Reference to ‘integrity, objectivity, accountability, transparency, honesty
and leadership in the public interest’ was removed from the prime minister’s foreword and the revised code was accompanied by the statement that it would be ‘disproportionate to expect that any breach, however minor, should lead automatically to resignation or dismissal’.
In June, 41% of Conservative MPs called upon Johnson to step down as prime minister. However, he still refused to relinquish office and it was only when 62/179 ministers in his
government resigned in the wake of the Chris Pincher scandal that he reluctantly agreed to leave office.
The smooth operation of individual ministerial responsibility is therefore clearly dependent
on the conduct of the prime minister.
Collective ministerial responsibility
according to the prciniples of collective ministerial responsibility, if the prime minister loses a vote of confidence, the whole government must reisign.
- collective ministerial responsibility requires that cabinet meetings are kept private in order to maintain the integrity of the government.
- a core aspect of collective ministerial responsibility is that government ministers must support government policy in public even if in private they are highly critical of them. this is important in maintaining the unity of the government emphasises its strength and the prime ministers authority.
- if a minister cannot publically agree with government policy or the way in wich government is being run they have no choice but to reisign and return to the backbench where they are free to criticise the government
Collective ministerial responsibility - High-profile ministerial resignations over collective responsibility
Geoffrey Howe, leader of the House of Commons and deputy prime minister, 1990 The pro-European Geoffrey Howe resigned from the Thatcher government on 1 November 1990, just 2 days after Margaret Thatcher delivered her famous assault on European federalism in her ‘No, no, no’ speech. In his resignation speech to the House of Commons on 13 November, Howe explained that he could no longer serve under an increasingly Eurosceptic prime minister. Howe’s resignation prompted the leadership challenge of Michael Heseltine and by the end of November, Thatcher had been forced from office.
Robin Cook, leader of the House of Commons, 2003 In 2003, Robin Cook resigned from Tony Blair’s government over its preparations
for war against Iraq. Cook was unconvinced by claims that Saddam Hussein was a threat to the UK’s national interests and in his resignation speech explained,
‘I intend to join those tomorrow night who will vote against military action now. It is for that reason, and for that reason alone, and with a heavy heart, that I resign from the government.’ Jeremy Corbyn, among others, lent him his support. The UK continued its preparations for war and Blair won a third general election victory
in 2005.
Rishi Sunak, Chancellor of the Exchequer, and Sajid Javid, health
secretary, 2022 Criticisms of Boris Johnson’s style of leadership came to a head when his deputy chief whip, Chris Pincher, resigned over allegations that he had sexually assaulted two men. When it became clear that Johnson had been aware of previous complaints made against Pincher, Sunak and Javid resigned within minutes of each other. Sunak’s
resignation letter focused on economic policy differences with the prime minister: ‘In preparation for our proposed joint speech on the economy next week, it has become
clear to me that our approaches are fundamentally too different.’ In contrast, Javid focused on what he called the prime minister’s lack of ‘integrity’ and failure to instil
‘strong values’. Fatally damaged, Johnson announced his resignation 2 days later.
collective ministerial responsibility - Breaking the rules?
The extent to which collective ministerial responsibility always operates can, however, be contested. Ministers can choose to remain in government while making indiscreet criticisms of it.
In 1974, three members of Harold Wilson’s government, Tony Benn, Judith Hart and Joan Lestor, backed a resolution by Labour’s National Executive Council condemning the government’s decision to agree to joint UK/South African naval exercises as a ‘gross error’. A furious Wilson reminded them that if they
were not prepared to abide by collective ministerial responsibility then he would acknowledge this ‘as a decision on your part that you did not wish to continue as a member of this administration’. They did not resign.
From 2010 to 2015, Vince Cable was the Liberal Democrat business secretary in David Cameron’s coalition government. Frequently critical of his Conservative
colleagues, in 2014 he publicly criticised George Osborne’s cuts in public expenditure in his autumn budget statement.
During the 2 years before Boris Johnson resigned from May’s government in 2018, his criticisms of the government’s developing EU policy had been notably
hostile. When, for example, the prime minister said she favoured a customs
partnership with the EU, Johnson told the Daily Mail that the plan was ‘totally untried and would make it very, very difficult to do free trade deals’. He also argued in The Sun that there should be ‘no monkeying around’ over withdrawal
from the EU. May, however, refused to sack him as foreign secretary, claiming that she preferred not to have ‘a cabinet of yes men’.
collective ministerial responsibility - Normal service will be resumed as soon as possible ( when cmr has been abandoned)
On rare occasions, the prime minister may acknowledge that it is impossible to achieve collective ministerial responsibility. In these circumstances the convention is suspended and ministers are allowed to disagree publicly with each other.
In 2016, David Cameron made a similar concession to his cabinet. Although he personally campaigned on behalf of Remain, he knew that if he demanded that Eurosceptic members of his cabinet, such as Michael Gove and Chris Grayling,
support membership then he would suffer a series of damaging resignations. Consequently, he suspended collective ministerial responsibility on this issue,
allowing members of the cabinet such as Iain Duncan Smith (Work and Pensions) and Theresa Villiers (Northern Ireland) to campaign against membership even though the policy of the government was to remain.
In 2010, the Conservative–Liberal Democrat coalition was established. Although they had, of course, campaigned against each other in the general election, David Cameron and Nick Clegg were able to agree a coalition agreement on those
areas where government ministers would have to obey collective ministerial responsibility. However, some contentious areas were not covered by the agreement and so on these ministers could still publicly disagree. These included Trident renewal and the construction of new nuclear power stations, both of
which the Liberal Democrats had vigorously opposed in the general election. The Conservatives and Liberal Democrats also campaigned on different sides on the alternative vote referendum in 2011. In 2014, Nick Clegg publicly stated that
he would not support David Cameron if he sought parliamentary approval to bomb Islamic State targets in Syria.
In 2016, Theresa May temporarily suspended collective ministerial responsibility over controversial government plans to expand Heathrow. Two members of her
cabinet (Boris Johnson, Foreign Office and Justine Greening, Education) had
constituencies that would be affected and were known to be against expansion. To avoid potential resignations May did not require their public support.
Collective ministerial responsibility challenged,
2017–19
on the 15 january 2019, theresa mays government suffered a devastating parlimentary defeat when 118 eursceptic conservative mps voted against their own government over there’s mays proposed brexit deals.
her loss by 230 vote was the biggest in history (432/202)
Some critics suggested that
since the government had been defeated on its leading manifesto commitment it should have
resigned. In 1940, for example, although Neville Chamberlain won an adjournment debate on
the government’s handling of the Norway expedition, he resigned when 39 government MPs
failed to support him.
However, having come close to being defeated by Jeremy Corbyn in the 2017 general election,
May was unwilling to risk another general election. Conservative MPs were also determined
to avoid this and so when Corbyn called a vote of confidence, they rallied around the prime
minister (325/306), giving her a 19-vote majority. The government subsequently lost two more
attempts to get the House of Commons to support its EU withdrawal agreement by 149 votes
(12 March) and 58 votes (29 March).
The prime minister and the cabinet - The functions of the cabinet
The cabinet consists of 20–25 senior government ministers who generally head large departments of state. It usually meets once a week for no more than 2 hours on a Thursday morning, although in a crisis it can also be summoned.
there can be intense debate and disagreement within cabinet, the prime minister expects all
present to publicly support the government’s decisions and policies based on the principle of collective ministerial responsibility. If a member of the cabinet cannot
publicly agree to a policy determined by cabinet, they should have to resign and join the back benches, where they are free to criticise the government.
roles of the cabinet
- approve decisions made elsewhere, stamping them with the seal of goverment policy. this maintains the unity of the goverment.
- determines key issues in policy.
In 1976, James Callaghan
allowed the cabinet to freely debate whether to accept a loan from the International Monetary Fund (IMF). - decide how goverment will determine business. if controversial legislation is planning to be introduced into parliament, the cabinet will need to discuss how it will best be presented and ministers need to know when they should be available on the front benches to enthusiastically support it. the chief wip will also explain wether there is likely to be sufficient goverment majority for a bill and so the cabinet may debate any concessions
they may need to make in order to win parliamentary support.