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Responsible Government, PM:
Political head of UK gov - King appoints PM…
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PM:Political head of UK gov - King appoints PM (ceremonial formality - Leader of party who is able to command the confidence of HoC becomes PM)PM's Powers:
- Advise King to remove/appoint Ministers
- Determining size & organisation of cabinet
- Determining and Coordinating general policy direction of Gov
- Determining subject matter & composition of Cabinet Committees
- Determining when Cabinet meets
- Determining the agenda for Cabinet discussion
The Cabinet Office:
Supports PM & Cabinet and ensures Civil Service helps Gov attain its policy goals.(PM = minister of Cabinet Office, other ministers incl leader of HoC, deputy PM)Head of Civil Service = senior gov official that operates as Cabinet secretary.Responsible for:
- Political & Constitutional reform
- Civil Service
- Supports National Security Council & Joint Intelligence Organisation
- The Independent Parliamentary Standards Authority
Privvy Council:
(historically = noblemen who were close to Monarch)
Today 'privvy counsellors' (700+) = individuals who held/hold high political/judicial office)
Proceedings = secret. (Members swear oath of allegiance) :
The Cabinet:
(exists as matter of convention)
Body of senior ministers (Secretaries of State), chaired by PM, meets weekly.
"ultimate decision-making body of government"
The Cabinet Manual
Cabinet Committees:
Exist to relieve the pressure of decision-making. - no fixed membership
These decisions have same status as those of the Cabinet.
e.g) COBRA (context of national emergencies)
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Unanimity:
Once a decision has been reached, all ministers should publicly agree with Gov policy.
(If they feel unable to do this >> should resign.)
Ministers should've had the right to contribute to the confidential debate leading up to decision.
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Maxwell Fyfe Guidelines:
- Sir David Maxwell Fyfe distinguished between situations in which the minister had personal involvement/knowledge of the issue or where the minister played no role and given size of Gov, could not have expected to.
1) Where an explicit order is made by Minister in which case Minister must protect the civil servant who has carried out his order >> RESIGN
2) When the Civil Servant acts properly in accordance with policy laid down by the Minister, minister must protect civil servant >> RESIGN
3) Where an official makes a mistake or causes some delay, but not on an important issue of policy. >> DON'T RESIGN
4) Where a Civil Servant has taken an action, of which the minister disapproved and has no prior knowledge an the conduct of the official is reprehensible. >> DON'T RESIGN
e.g) Home Secretary, Michael Howard, refused to resign after the escape of 6 high category prisoners in 1994 - led to a subsequent dispute with Director of Prison service, Derek Lewis, who he blamed for operational failings in security & dismissed.
Hard to extract any clear rules for which a minister will be expected to resign.
Accountability:
(Greater emphasis)
The Importance of minsters keeping parliament informed about departmental errors rather than necessarily resigning = more pronounced.
Informing Parliament:
Misleading Parliament = cardinal sin in terms of convention of IMR
(caused resignation of John Profumo, 1963)
Sets out 7 Principles of public life (Para 1.3)
Selflessness, Integrity, Objectivity, Accountability, Openness, Honesty, Leadership.
Rules:
'Soft law' >> unenforceable
Investigation of a breach and any
consequences = discretion of PM
Para 1.6: "ultimate Judge of standards of behavior as expected of a minister and the appropriate consequences of a breach of those standards."
Provides Guidance (Para 1.5)
Empahsies Ministers taking responsibility for their actions, need to retain PM's confidence (para 1.6)
PM (after consultation with the Cabinet secretary) may refer a matter to PM's independent advisor on ministers' interests. (para 1.4a)
Updated when a new PM takes office.
- Conduct of Ministers
- Principle of collective responsibility
- Proper & transparent engagement with Parliament
- Avoiding potential conflicts of interests
- Proper use of gov resources
Applies to Gov Ministers, Parliamentary private secretaries, special advisors
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- Permanence (CS doesn’t change personnel with each new Gov.)
- Political Neutrality (Remain constant throughout changes of political character of Gov)
- Anonymity (Civil Servants are not public facing)
Principle 5.1 - requires all ministers to uphold impartiality of CS and not ask Civil Sercants to act in any way which would conflict with CS code.
‘Accounting Officers’
Holds executive to account for public spending.
Give evidence to Parliamentary Select Committees.
Senior Responsible Owners:
Politically neutral senior Civil Servants >> personally responsibile for the delivery of major Gov projects.
Civil Service Code:
Civil Servants (accountable to ministers)
-Integrity. - Honesty. - Objectivity. - Impartiality.
Political Impartiality:
’Civil servants must act in a way which deserves and retains the confidence of ministers, while at the same time ensuring that you will be able to establish the same relationship with those whom you may be required to serve in some future Gov.’
Code >> part of contractual relationship >> breach = breach of employment contract.
Select Committees:
Longer-term membership.
Scrutinise gov activities & policiesHoC Select Committees:
Focus on scrutinising gov depts.
- Most committee chairs are elected by fellow MP's.
- Min 11 members.
- Membership reflects party-political balance of the House.
HoL Select Committees:
Concentrate on broader thematic scrutiny, based on: Europe, science & technology, Economics, Communications, UK Constitution & International Relations.
- Chairs appointed by house on proposal of the Committee of Selection.
- No fixed no of members.
- No rule on political balance
Select Committees = key mechanism by which Parliament holds Gov to account.Consist of MP's, Lords or in 'joint commmittees', both.
- Most established under Standing orders (parliamentary rules), permanent entities but membership will change with Parliament.
- Select Committees are appointed by House to perform tasks on House's behalf, scrutinise work of gov depts, examine expenditure, procedures & domestic administration.
Select Committee reports cannot be ignored. Gov = committed to replying to every select committee report within 60 days of its publication.Select Committee Powers to call evidence:
HoC Select Committee are given powers by House to 'send for persons, papers and records'. They can summon & examine witnesses.
Often, witnesses attend willingly, if they don't, the Seelect Commitee may issue a summons, if that's ignored, a warrant can be issued.