Week 14: Governance and Good Governance Values, Accountability, Collective Ministerial Responsibility and Select Committees Flashcards
What are good governance values?
US: Federalist paper No.62: “first, fidelity to the object of government, which is the happiness of the people; secondly, a knowledge of the means by which that can be best attained” - not very specific
UK: 2008-09 Public Administration Select Committee recommend 5 things:
* good people
* good process
* good accountability
* good performance
* good standards (gov maintaining good ethical standard)
Why are good governance values important?
Good governance is the responsible use of power to achieve positive outcomes for society.
Four basic controls of the state;
1. protecting its citizens
2. promoting the welfare of its citizens
3. enforcing justice
4. promoting truth and knowledge
Some element of gov. influence must be present in society > good governance value help to focus those on collective goals
Connection to democracy: gov dont get this power out of thin air, but the people give it to them
Describe the requirements of the Government
Governments should govern in a way that serves the public interest
* Should make decisions advancing the public good and not act in a self-interested manner
Governments should be competent
* Government is a very large enterprise, and citizens are likely to engage with officials and public servants
Governments should be transparent and accountable
* Freedom of information
What does accountability entail?
- a public forum
- to explain and justify conduct
- ask questions and pass judgement
- facing of consequences
A democratic constitution requires adequate and effective safeguards against governmental mistakes
What are the 3 major types of accountability?
- political
- administrative
- legal
Describe political accountability
- The most important type of accountability within democracies
- Elections most emblematic form of political accountability
- Other mechanisms; Ministerial responsibility, public enquires, select committees
Describe Administrative Accountability
Ensuring that Gov, implements policies etc. effectively and efficiently
- occurs on one level within government itself
- civil servants not subject to same political accountability as ministers
Other bodies contribute to overseeing gov actions
- National Audit Office
- Ombudsmen
- But, there are limitations to such bodies
Accountability systems do not work in isolation from one another
How do elections ensure politicians are accountable to the public
- Sustained or increased voter share as a reward
- Loss in voter share can lead to changes in public policy
- Can sanction politicians who do not represent views of the public by voting someone else in
- Loss of majority in the House of Commons, leading to a change in government
What style of elections does Scotland have
Mixed member proportional representation
What are the strengths of Elections
Useful in providing citizen input (albeit indirectly) in the mandate of Government
- Continuing to vote for a particular MP (or political party) suggests satisfaction with current policies
- Other candidates can propose new policies, which can sway voters and change the Government’s mandate
Losing parliamentary seats can be an effective political sanction for MP’s who fail to meet their constituency’s expectations
- Reflects the relationship between citizens and politicians who represent them
What are the weaknesses of elections
- The public does not get to elect those sitting at the House of Lords
- Depends on how informed the indivduals who vote are
- If they dont understand what good governance values are then they may not be a useful accountability tool
- If there is too much information it can inhibit ability to be useful tools
Apathy of the British public during elections
- In the 2019 election only 67.3% of the electorate turned out to vote
- “Wasted votes” – Turning votes into seats in a first past the post system. Individuals who vote for alternative candidates might actually waste their votes if their chosen candidate doesnt win the election in that constituency = this entrenches votes in the main parties
- Will politicians keep their promises or will they just use their power
Explain referendums
The use of referendums worldwide is growing, and within the UK is no exception
- Since 1973: 12 referendums held in the UK
Referendums in the UK are advisory in nature – not legally binding on the UK Government
- But significant political consequences if the UK Government fails to “respect the result”
Referendums play a critical role in jurisdictions with a written constitution
- E.g. the Constitution of Ireland can only by amended by way of referendum
Referendums - Strengths
Directly engages voters on the issues
- survey of the ‘national will’
Takes decisions out of the hands of political elites
Usually ensures a broad base of political support for (sometimes difficult) decisions
- E.g. the Irish abortion referendum in 2018
Referendums - Weaknesses
- Form and style of the question can lead the voters to certain decisions
- Binding or not? Thresholds for particular outcomes?
- Campaign spending
- Voter fatigue (if there are many referendums in a year voters will disengage so no longer representative) and knowledge of the issues
- Quality of discourse - if there is no strong result in a referendum it can lead to a breakdown in discourse and a problematic issue of what happens after
What is the nature of the Civil Service in the UK
“Civil servants are servants of the Crown. For all practical purposes the Crown in this context means and is represented by the Government of the day.” – Armstrong Memorandum
Responsibilities of Civil Servants
- To support the Government in developing and implementing its policies and in delivering public services
- To “conduct themselves in such a way as to deserve and retain the confidence of Ministers” - Civil Service Code
- Some limitations: not obliged to act unlawfully
Who are civil servants accountable to
- Ministers - who in turn are accountable to Parliament
- Central Agencies (e.g. the Treasury)
- Senior managers
- Co-ordination bodies between different departments
- Prime Minister or Cabinet Office
Explain the dismissal of civil servants
In theory, Ministers can dismiss civil servants at any time:
- This power “is nonetheless real” despite the fact it is seldom used
- Unlikely to be successful today due to the protections granted by employment law
- How long do civil servants stay at a particular post?
Describe Individual Ministerial Responsibility as an accountability tool
- Cabinet ministers are to be accountable for the actions of the depoartment that they are Head
- Ministers must be a member of the House of Commons and the House of Lords
- While individual ministerial responsibility serves as an important accountability tool in parliamentary democracies, its effectiveness depends on various factors including political culture, legal framework, media scrutiny, party discipline, scope of responsibility, and institutional checks and balances.
- When these factors align, individual ministerial responsibility can be a powerful mechanism for holding government ministers accountable
Ministerial Responsibility - Strengths
- Can hold single Minister to account without having to sanction whole government
- Increases public trust and confidence in how Departments exercise their power
- Flexible– Ministers not responsible for every minor failure by civil servants
Ministerial Responsibility - Weaknesses
- Lack of clear division between Minister and Civil Servant responsibilities (both work together)
- Erosion of Individual Ministerial Responsibility by increased prominence of civil servants
- Status of the Ministerial Code: legally binding or a matter of politics?
- MP’s can return as Ministers
How are ministers held accountable
- “Ministers have a duty to Parliament to account, and be held to account, for the policies, decisions and actions of their Departments…” – House of Commons Hansard, 19 March 1997 Col. 1046
- Incorporated into the Ministerial Code
- Ministers must also give accurate and truthful information to Parliament
- If Ministers knowingly mislead Parliament, they will be expected to offer their resignation
Example of Individual Ministerial Responsibility in process
The Windrush Scandal
- In 2018 many individuals living in the UK were wrongfully detained, denied legal rights and deported from the UK.
- This occurred against the Home Office’s “hostile environment” policy, which sought to reduce the number of immigrants to the UK.
- During parliamentary questions Amber Rudd, as Home Secretary, said that she was unaware of any “specific removal targets”
- Evidence that this was not the case was disclosed to journalists – either she had failed to read the memo, did not know the workings of her own department or misled Parliament
- Led to the resignation of Amber Rudd as Home Secretary
Describe Collective Ministerial Responsibility
Fundamental convention of the British constitution, whereby the Government is collectively accountable to Parliament for its actions, decisions and policies.
* If a Minister personally disagrees with a Government policy, they must still publicly support it
Can be distinguished from Individual Ministerial Responsibility
* Collective = provides the means by which Parliament can hold the Government as a singular body to account
* Individual = provides the means by which Parliament can focus on an individual Minister
Applies to UK and devolved (Scottish and Welsh) Governments
Is Collective Ministerial Responsibility a constutitional convention or a constitutional requirement
Constitutional convention
- in Ireland, they have a specific provision that says they must operate under CMR
What case enforces Collective Ministerial Responsibility
Attorney General v Jonathan Cape Ltd [1975] 3 All ER 484
- court held that it did have the power to take action in order to protect and enforce collective ministerial responsibility
Why is Collective Ministerial Responsibility important
- Collective Ministerial Responsibility is said to deliver confidence, unanimity and confidentiality
- Members of Government speak and vote as one
- Confidence of the House of Commons to command a majority
- Promote frank discussion on important issues
What happens if a Minister breaches CMR
Traditionally, expected to resign
If they do not, might be “asked to leave”
Not every Minister who has breached CMR has left Gov
It is possible to become a Minister again in a new Government
Collective Ministerial Responsibility - Weaknesses
- Original purpose was to protect the Government against an interfering monarch; applicable nowadays?
- Could be argued CMR is no longer applicable
- “Flexibility” of Collective Ministerial Responsibility - Suspended in 1975 and 2016 for the EU Referendums to allow ministers to vote with no reprecussions to political careers
- The practice of “leaking” - ministers may leak documents, disccusions or convos to show their disagreement of something they need to publicy agree with
What are Select Committees?
Modern, comprehensive system of select committees introduced in 1979
* Cross-Party groups of MPs (not Ministers), Lords or both
Overall aim: “To hold Ministers and Departments to account for their policy and decision-making and to support the House in its control of the supply of public money and scrutiny of legislation” - House of Commons Liaison Committee
Different types of select committees
Departmental
Cross-cutting (examines an individual issue)
Domestic (considers aspects of parliamentary procedure)
Legislative (concerned with the legislative process)
Give examples of the work of select committees
- examine the strategy or policy proposals of a department
- examine implementation of legislation
- to conduct scrutiny of draft bills
- scrutinise appointments made by the department
Difference of structure of Holyrood (Subject) Committees differ from Westminster (Select) Committees
- Mandatory and subject Committees in Holyrood can introduce legislation, unlike Westminster Select Committees
- Holyrood has merged, permanent, multi-functional committees
Both sets of committees in Holyrood have a greater workload than equivalent Select Committees
* Larger pressure on MSPs due to the size of Holyrood
Describe the summoning of individuals to appear before the Select Committee
- Cannot summon MPs, Ministers or non-UK nationals (unless they are within the jurisdiction of the UK
- Practice is to informally invite individuals to appear; committees do have the power to summon
- Diversity of witnesses - without a wide range of different experiences, the select committee will be less equipped to take into account different viewpoint of their analysis and scrutiny of government decisions
Effectiveness of Select Committees
Role of select committees is advisory – can only make recommendations, and Government is not obliged to accept findings
- But Government is expected to respond
Perception of committee positions within Government itself
- Many MPs and MSPs appear to prefer ministerial or shadow-ministerial positions over a position with a select committee
- Yet other MPs note that MPs on select committees have more power to influence Government than Junior Ministers
Benton & Russell (2013 study) identified a number of impacts:
* Acceptance of committee recommendations
* Influencing the policy debate; Spotlighting issues and altering policy priorities
* Brokering in policy disputes
* Providing expert evidence
* Holding Government and outside bodies accountable
* Exposure; Generating (Government/ministerial) fear
As committees became more effective, departments became more responsive to them and their recommendations
