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Workshop 5.1 - Prime Minister, Cabinet and collective responsibility -…

- - - - Ministers can't disclose confidential matters discussed in Cabinet.
      - Attorney-General v Jonathan Cape [1976] QB 752
        
        This case concerned the publications of a dead Cabinet minister.
        
        Lord Widgery CJ recognised the important convention of confidentiality.
        
        This case is notable for the failure of the AG's argument that the convention could be enforced in courts.
    - - Once a decision has been reached, all ministers should publicly agree with government policy or resign.
      - The reason behind is that Cabinet minister should contribute to the confidential debate leading up to the decision. If they lose the argument they should sign up to the majority view in a united front or resign.
      - Michael Heseltine resigned as Defence Secretary in the Thatcher government over the Westland Affair.
      - More recently, Boris Johnson, Dominic Raab and David Darvis all resigned over the direction of Theresa May's Brexit policy in 2018.
    - - The government needs to ensure that it has the confidence of the Commons, and by extension the people.
      - If confidence recedes, the leader of the opposition can table a vote of no confidence. If the government loses this vote. there is strong conventional pressure on the PM to resign and bring about a general election.
        
        This last happened in 1979 when James Callaghan lost a vote of no confidence.
        
        This process was more involved when the Fixed-term Parliament Act 2011 was in operation but it was repealed in 2022.