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
1. Possible resignation
2. Damage to the government?
Political because of doctrine of separation of powers
Ministers
1. Chosen by PM and deputy PM
2. Conventions
  1. Member of HoL or HoC
  2. Member of governing party
  3. PM decides number (usually 22) and functions
Cabinet
1. Meet once a week
2. meet in unofficial committees - e.g. Kitchen cabinet and sofa government
3. Must abide by Ministerial Code 2010
4. United in public - All ministers bound by decisions
Collective Responsibility
1. Confidentiality
  1. AG v Jonathan Cape 1976
    1. Courts recognise existence of conventions but because of parliamentary privilege it is not legally binding because no court can enforce them
  2. 30 year rule
  3. Freedom of Information Act 2000
    1. Can request to see government information
    2. R (Evans) v AG 2013
      1. AG can stop request
2. Unanimity
  1. Can lead to resignation - e.g. Robin Cook and Clare Short 2003
  2. DIssent by leaking - Westland Helicopters Affair 1985-86
3. Votes of confidence
  1. Government only remain in power if they retain support of their party - Labour 1979
  2. PM must retain support of their party - Thatcher 1990 and Blair 2007
4. Suspension of collective responsibility
  1. MP can vote freely
  2. European Economic Community referendum 1975
  3. The National Government 1932
Individual Responsibility
1. Legal responsbility
  1. Can be judicially reviewed for departments actions
    1. M v Home Office 1994
    2. Carltopna v Cmmr of Works 1943
  2. Not above the law
2. Political responsibility
  1. Accountable to parliament
  2. PM can ask minister to step down as per Ministerial Code 2010 para 1.5.
3. Should take responsibility for department
  1. Crichel Down Affair 1954 (took family farm for military purposes)
  2. Prisons in 1995
  3. Resignation rare - more likely to be reshuffled e.g. Chloe Smith 2013
4. Financial impropriety
  1. Parliamentary privilege rules
  2. Not allowed conflict between public duties and private interests as per Ministerial Code 2010 para 1.2f and g
    1. Liam fox 2011
    2. Must not accept gifts which could put them under an improper obligation
  3. Resignation common
    1. Peter Mandelson 1998, David Laws 2010.
5. Lying to the HoC
  1. Always resignation
  2. Government can only be accountable to the commons if it tells the truth
  3. Iraq war

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Ministerial Responsibility

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