The Executive

Question 1

The Monarch

Answer 1

• The Monarch is the Head of State and, formally, the source of executive power in the state.
• The Monarch is still responsible for the exercise of certain specific prerogative powers, but in practice executive power is now exercised by the Prime Minister and Cabinet.
• The relationship can be summed up as follows: “The Queen may reign, but it is the Prime Minister and other ministers who rule.” (Bradley, Ewing & Knight, p242)

Question 2

How do you become the Prime Minister?

Answer 2

• Office of PM has a long history:
  
  • Robert Walpole is recognised as being the first Prime Minister (although he used the title “First Lord of the Treasury”): from 1721 until 1742
• BUT there is no legal requirement to have a PM
  
  • The office is mentioned in various statutes
  • It’s a convention that a PM is appointed
• Appointment of the PM is done by the Monarch under the prerogative
• The exercise of this power is governed by conventions

Question 3

Conventions governing the appointment of the PM

Answer 3

1. Government must have the confidence of the House of Commons (Cabinet Manual para. 2.7)
2. PM must be a member of the House of Commons (since 1902)
3. Monarch will appoint the person best able to command an overall majority in the House of Commons

Question 4

PM’s Powers relating to GOVERNMENT:

Answer 4

• Head of government
• Policy development
• Appointing Ministers → PATRONAGE
• Machinery of government
• Ministerial Code

Question 5

PM’s Powers relating to the PREROGATIVE

Answer 5

• Exercises the POLITICAL PREROGATIVE POWERS
• Advises the Monarch on the exercise of the PERSONAL PREROGATIVE POWERS

Question 6

PM’s Powers relating to CABINET:

Answer 6

• Chairs meetings
• Sets the agenda
• Approves minutes

Question 7

Cabinet Government: What is it?

Answer 7

• His Majesty’s Government
• Cabinet = committee of the most senior government Ministers
  
  • Secretaries of State
  • Plus some others = e.g. Attorney General regularly attends; other Ministers may be invited to attend on an ad hoc basis
  • Meets once a week (Thursday morning)
• No strict rules on the size of the Cabinet, BUT:
  
  • Statute permits only 21 Cabinet salaries
  • Generally Cabinet = 22/23 members, including the PM (currently 23 with 9 others ‘attending Cabinet’

Question 8

Cabinet Government: Appointment

Answer 8

• By prerogative the King chooses his Cabinet on the advice of the PM
• This is a significant power for the PM
• NB: if there is a coalition government, the composition of the cabinet will be subject to negotiation - the ‘smaller’ party will demand key ministerial positions
  
  • e.g. in 2010-15: Nick Clegg, Danny Alexander (Chief Secretary to the Treasury), Vince Cable (Business Secretary) & Ed Davey (Energy and Climate Change).
• Coalition governments are the norm in many countries, but much less so in the UK

Question 9

Prime Minister and Cabinet Government

Answer 9

• In theory: Cabinet = the most powerful decision-making body in government
  
  • Policy decisions are taken by Cabinet as a collective body
  • PM = primus inter pares (first among equals)
• BUT: in 1963 Richard Crossman noted that “The post-war epoch has seen the final transformation of Cabinet government into Prime Ministerial Government”
• Undoubtedly the PM is powerful and influential, but it is clear that the relationship is not one-sided
  
  • If the PM loses the support of Cabinet, it will be difficult for him or her to remain in office

Question 10

The Confidence of the House of Commons

The Principle

Answer 10

Government must have the confidence of the House of Commons (Cabinet Manual para. 2.7)

• To become the PM, a person must be able to demonstrate this confidence
• To remain as PM, that person (and their government) must maintain this confidence…
• A loss of confidence = a loss of authority to govern

Question 11

Demonstrating Confidence: Three Options

Answer 11

The confidence (or lack of it) of HC could be established through:

• Vote of no confidence
• Vote of confidence
• Vote on a substantive issue seen as an issue of confidence

Question 12

Loss of Confidence: Impact

Answer 12

A Government that had lost the confidence of the House would be expected to:

• Resign, or
• Request that the Sovereign dissolve Parliament, triggering a general election

Question 13

Recent legislative changes

Answer 13

• The Fixed-term Parliaments Act 2011 provided a form of statutory regulation for votes of no confidence
• This Act was repealed by the Dissolution and Calling of Parliament Act 2022
• This act provides in section 2(1):

“The powers relating to the dissolution of Parliament and the calling of a new Parliament that were exercisable by virtue of Her Majesty’s prerogative immediately before the commencement of the Fixed-term Parliaments Act 2011 are exercisable again, as if the Fixed-term Parliaments Act 2011 had never been enacted.”

Question 14

Ministerial Responsibility

Answer 14

• Ministerial accountability = the way in which the Government is held to account by Parliament
• There are two types of Ministerial Responsibility: collective and individual
• The responsibility is to Parliament, but bear in mind the crucial role of the Prime Minister

Question 15

Collective Ministerial Responsibility

Answer 15

Two main elements:

1.CONFIDENTIALITY – Cabinet meetings are private and details of discussions must remain confidential

2.UNANIMITY – once a decision has been taken by Cabinet, all Ministers must support it in public or resign

Question 16

suspension of CMR

Answer 16

• CMR can sometimes be ‘suspended’→ Agreements to disagree
• These occasions are not frequent, but include:
  • 1975: Harold Wilson suspended CMR for the referendum on continued membership of the EEC
  • 2010-15: Coalition Government on various issues including the referendum on electoral reform
  • 2016: David Cameron suspended CMR for the referendum on continued membership of the EU
  • 2016: Theresa May suspended CMR (time limited) for the issue of the possible expansion of Heathrow Airport

Question 17

Individual Ministerial Responsibility

Answer 17

What Ministers are individually responsible for:

• Ministers have a duty to Parliament to account, and be held to account, for the policies, decisions and actions of their departments and agencies. (Ministerial Code, para. 1.3(b))

Question 18

How far does the convention of IMR extend?

Answer 18

• Example: the Home Office:
  
  • Responsibilities include: drugs and alcohol policy; terrorism; crime reduction and prevention; border control and immigration; issuing passports and visas; policing; fire prevention and rescue
  • Home Office employs in excess of 25,000 staff
  • Is it reasonable or realistic to expect the Secretary of State to be responsible for everything that happens in the Department and the 29 agencies and public bodies it works with?

This has led some (often ministers) to make a distinction between: ACCOUNTABILITY And RESPONSIBILITY

Question 19

Accountability of Ministers to Parliament

Answer 19

• IMR usually requires Minsters to give an account to Parliament: i.e. tell Parliament what has happened, and tell Parliament what will be done to put things right
• In doing so, Ministers must tell the truth…

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. (Ministerial Code, para. 1.3(c))

Question 20

Responsibility of Ministers to Parliament

Answer 20

• This relates to matters in which the Minister has some personal involvement – usually this relates to policy decisions
• Here, the Minister themselves will need to take the blame when something goes wrong
• Sometimes, a Minister will be expected to resign: but WHEN?
  
  • Ministerial Code mentions one specific case: ‘knowingly misleading Parliament’
  • BUT what about in all other cases?

Question 21

Role of the Prime Minister

Answer 21

• “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.” (Ministerial Code, para. 1.6)
• “Where the Prime Minister determines that a breach of the expected standards has occurred, he may ask the Independent Adviser for confidential advice on the appropriate sanction. The final decision rests with the Prime Minister. Where the Prime Minister retains his confidence in the Minister, available sanctions include requiring some form of public apology, remedial action, or removal of ministerial salary for a period.” (Ministerial Code, para. 1.7)

Question 22

Parliamentary Mechanisms for Accountability

Answer 22

• Parliamentary questions to Ministers
  
  • Oral: most notorious example, PMQs
  • Written: can be very detailed
• Debates in Parliament
• Appearance before Select Committees
• Ultimately: PM and Government must have the confidence of the House of Commons
  
  • If this is lost: Vote of No Confidence
  • If carried, will lead to dissolution of Parliament and a new general election

Question 23

Ministerial accountability: some issues

Answer 23

Are these mechanisms for political accountability effective?

• Notably: if the PM can command an overall majority of seats in the Commons, can the Commons reasonably be expected to be able to hold the PM and the government to account?
• Watch PMQs – is this an effective or appropriate means of accountability?
• Are the conventions clear?
• Are the conventions too easily adapted?