Individual Ministerial Responsibility
Legal Responsibility

A minister can be sued or judicially reviewed for something that their department has done e.g. M v Home Office [1994] 1 AC 437, Carltona v Commissioner of Works [1943] 2 All ER 560
Government and its officials are not above the law [rule of law]

Political Responsibility - Accountability to Parliament

Various mechanisms - voting on bills and debates, oral and written questions to ministers, investigations by departmental select committees, votes of confidence.
Conventions in place in order to ensure control by Parliament and accountability of the executive.
Ministerial Code 2010 para 1.5 says 'Ministers only remain in office for so long as they retain the confidence of the Prime Minister'

A minister is responsible for his/her department

Chrichel Down Guidelines 1954 - Must defend civil servants who carried out expicit orders or acted in accordance with policy laid down by the minister - Minister is always responsible even if he has no knowledge of, or disagrees with the conduct
Attempts to blame the civil servant - Prisons 1995, The West Coast Mainline nad Virgin Railways 2012
Ministerial Code 2010 para 1.2 says 'Ministers have a duty to Parliament to account and to be held to account, for the policies, decisions and actions of their departments and agencies'
Resignation is rare but more likely to be reshuffled e.g. Chloe Smith 2013

Financial Impropriety

Parliamentary Privilege - All MPs are subject to Parliament's own legal rules on payments, expenses etc
Ministers are subject to additional requirements laid down by convention
Ministerial Code para 1.2 says 'ministers should not accept any gift of hospitality which might or might reasonably appear to compromise their judgement or place them under an improper obligation'
E.g. Peter Mandelson 1998, David Laws 2010

'Lying' to the House

Ministerial Code general principle says 'ministers who knowingly mislead parliament will be expected to offer their resignation to the Prime Minister'
E.g. Matrix Churchill Trial 1992

Personal Conduct

Causes many resignations e.g. Chris Huhne 2012, Andrew Mitchell 2012, Profumo 1962 etc

	Erstellt von dordorftw vor mehr als 10 Jahre

Notiz am Government and Legislature, erstellt von dordorftw am 20/04/2014.