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771373
Ministerial Responsibility
Description
Mind Map on Ministerial Responsibility, created by dordorftw on 20/04/2014.
Mind Map by
dordorftw
, updated more than 1 year ago
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dordorftw
over 10 years ago
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Resource summary
Ministerial Responsibility
Conventional
Replaced old legal remedy of impreachment
Ministers responsibile for themselves and their department to rest of the legislature
Sanctions: Loss of support in parliament and public
Possible resignation
Damage to the government?
Political because of doctrine of separation of powers
Ministers
Chosen by PM and deputy PM
Conventions
Member of HoL or HoC
Member of governing party
PM decides number (usually 22) and functions
Cabinet
Meet once a week
meet in unofficial committees - e.g. Kitchen cabinet and sofa government
Must abide by Ministerial Code 2010
United in public - All ministers bound by decisions
Collective Responsibility
Confidentiality
AG v Jonathan Cape 1976
Courts recognise existence of conventions but because of parliamentary privilege it is not legally binding because no court can enforce them
30 year rule
Freedom of Information Act 2000
Can request to see government information
R (Evans) v AG 2013
AG can stop request
Unanimity
Can lead to resignation - e.g. Robin Cook and Clare Short 2003
DIssent by leaking - Westland Helicopters Affair 1985-86
Votes of confidence
Government only remain in power if they retain support of their party - Labour 1979
PM must retain support of their party - Thatcher 1990 and Blair 2007
Suspension of collective responsibility
MP can vote freely
European Economic Community referendum 1975
The National Government 1932
Individual Responsibility
Legal responsbility
Can be judicially reviewed for departments actions
M v Home Office 1994
Carltopna v Cmmr of Works 1943
Not above the law
Political responsibility
Accountable to parliament
PM can ask minister to step down as per Ministerial Code 2010 para 1.5.
Should take responsibility for department
Crichel Down Affair 1954 (took family farm for military purposes)
Prisons in 1995
Resignation rare - more likely to be reshuffled e.g. Chloe Smith 2013
Financial impropriety
Parliamentary privilege rules
Not allowed conflict between public duties and private interests as per Ministerial Code 2010 para 1.2f and g
Liam fox 2011
Must not accept gifts which could put them under an improper obligation
Resignation common
Peter Mandelson 1998, David Laws 2010.
Lying to the HoC
Always resignation
Government can only be accountable to the commons if it tells the truth
Iraq war
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