PUBLIC LAW L4 - Responsible Government - IMR

Question 1

What is IMR? (3)

Answer 1

Individual Ministerial Responsibility is the twin convention to CMR. Classically, it requires ministers to accept responsibility and if necessary resign for any errors or failures of their departments.

Question 2

Are conventions legally enforceable? (1)

Answer 2

No.

Question 3

What is the uncertainty surrounding IMR? (2)

Answer 3

Its entanglement with the short-term realities of the political world and assessing the degree of fault / responsibility in a time of modern ‘big government’.

Question 4

What was Sir Maxwell Fyfe’s beliefs? (3)

Answer 4

A minister should resign when there is an explicit order made by a minister and when the policy is laid down by a minister, however they need not resign when an official makes a mistake but not on an important issue of policy and where a civil servant has taken action of which the minister disapproved or had no prior knowledge.

Question 5

What is the redefinition of IMR? (1)

Answer 5

The partial redefinition of IMR meant that ministers must require some personal knowledge or involvement.

Question 6

What is an example of the partial redefinition of IMR? (1)

Answer 6

The 1983 breakout of IRA prisoners from the Maze Prison.

Question 7

How has the resignation of ministers evolved over time? (3)

Answer 7

Although there has been a weakening over time of obligation felt by ministers to resign there has been a greater emphasis on more direct forms of accountability by keeping Parliament informed about departmental problems and errors, can be seen as a more constructive response to a serious problem.

Question 8

What does Part 1 para 1.3.b and c of the ministerial code state? (2)

Answer 8

‘ministers have a duty to Parliament to account and be held account, for the policies decisions and actions of their departments and agencies’ and ‘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.’

Question 9

How do IMR and the ministerial code link to each other? (2)

Answer 9

The ministerial code supplements and shadows the IMR.