Public Law Chapter 4
Public Law Chapter 4
CHAPTER 4
LL.B/Year - 1
University of London
Vindhya Gunawardena
LLB (Hons) (London), LLM (Colombo)
Diploma in Forensic Medicine & Science (Colombo)
Attorney at - Law & Notary Public
lt is considered important
it should explain its actions,defend then and
able, which means that
where necessary. In the UK, ministers aro collec
respond to criticism
accountable to Parliament and the public
tively and individually
the following:
In this chapter we will look at
the relationship between the Government and Parliament;
The Chancellor
|The Chief Whip of the Exchequer
The Cabinet
The Chief Secretary The heads of the
to the Treasury major Departments
of State, known as
(the Chancellor of Secretaries of State
the Exchequer's
no. 2)
of the
The Leaders
Commons and
House of
of Lords
The Lord the House
responsible for getting
Chancellor
the Government's
o r on an ad hoc basis.
request of the
50 either regularly
Prime Minister,
of government in the UK taba
kes place
ln the main, the work
At the time of writi
through
Governmental departments.
G o v e r n m e n t are:
writing, the
the
departments that compose
Justice is as follows:
MINISTRY OF JUSTICE
Chris Grayling MP
Lord Chancellor and
Secretary of State for Justice
Civil service
Permanent Non-political
change in government.
The role of special advisers is regulated by the Code of Conduct
for
Special Advisers, which sets out the type of work they may undertake
and their relationship with the Civil Service.
Collective
responsibility
resign.
For
*example, in 2003 Robin Cook, a member of Tony Blair's Gov-
Dent, decided that he could not agree with the Government's
com and
tment to pursue military action against Iraq so resigned
from the Government.
It is
tho that the principle of unanimity developed in the seven-
Workpoint
What benefits do you think the principle of collective responsibility
brings?
W o r k p o i n t
unanimity rule -
formulation.
that policy during its
inown that he or she oPposed the
Ministerial Code produced by
edition of the
The current
taking office states:
-
Government on
set
save where it is explicitly
responsibility,
The principle of collective views frankly
Ministers should be able to expres their
aside, requires that in private while maintaining
can argue freely
n the expectation that they in turn requires
decisions have been reached. This
united front when in Cabinet and
Ministerial Commit-
a r the privacy of opinions
expressed
maintained.
should be
e5, induding in correspondence, Ministerial Code, section 2.1)
(2010)
(The Cabinet Office
Case:
to
Government sought an injuction
Facts: The
Attorney- of the diaries of
an ex-minister,
finds he o r she
oftice
remain in
who difficult to
after
day will find it m o r e
who is not. ministerial
exanples
examples
of
w
weel
lll-
-kkn
noow
wnn ministerial
the of the
Tesp
sponsibility from
esponsib the past:
Argentine
invasion
breach
ofsecurity
ity at
signations Decause
becaus of the following
the
Buckingham Palace
Crichel Down
in the 1950s. It concerned
The Crichel Down Affair
arose
had been acquired by the Government for military purposes t land that
the outbreak of the Second World War. The Ministry of Agri
refused to resell the land back to its original owners in breach of Culture
ances given when it was acquired. The Minister of Agricultureassur
Thomas Dugdale, resigned because of the failings of his civil of his Sir
civil ser
in the matter.
Palace securitry
In 1982, an intruder managed to evade security at Buckingham Palace
and enter the Queen's bedroom while she was there. William
Whitelaw considered resigning as Home Secretary but was persuaded
not to by the Prime Minister, Margaret Thatcher.
These examples illustrate some of the uncertainty of individual
ministerial responsibility. It is perhaps reasonable that Whitelaw did
not resign over the breach of
palace security because he was probably
not directdy at fault. Yet, in 1954, Dugdale felt the need to resign even
though he was unaware of the actions of his civil servants with regard
to Crichel Down. Today, as we shall see, ministers are not expected to
resign over matters for which they are not personally to blame.
The current advice with regard to ministers' responsibility is given
in the Ministerial Code; among other things, the Code states that
individual ministerial responsibility requires ministers to:
be accountable to Parliament for the policies, ns
actions and dec
of their department and of
any Next Steps Agencies;
be truthful and as open as possible with Parliament and the blic:
ensure that no conflict arises between their public duties anp rivate
interests
Ministers' duty to
account to Parliament
Respond to criticismm
Explain, defend and and act in a way
give information that preserves the
about the action of confidence of the
Government to Commons or the Lords
in two ways.
occurs
Parliamernt primarily
Countability to
the House ofLords
House of
Commons and
e Chambers of the defend the
G o v e r n m e n t ' s
and main
to explain One of the
isters are expected
House of
Parliament.
question
time.
each
actions o r of
ministerial
on the Time
is duringM i n i s t e r ' s Question
Prime questions
in
of a n s w e r s
Caders Prime
Minister
actions
or deci
the Government's
time
re, on esdays,
Wednesc the question
about also a
there is of that
the Hou m m o n s
fact
that
the
m i n i s t e r s
the and
k n o w n is
sions. Less w
well
ell
kn
whereby
about
the
policies
for each*ogove
department
P a r l i a m e n t
O v e r n m e n t
in
department
t ans
q u e s t i o n s
answer
b) Select committees
The work of select committees takes place outside of the chambers
of the Commons and the Lords. There are different types of select
committees, including:
1) ad hoc select committees, which may investigate and report on
particular issues; these are less common nowadays;
2) regular or permanent select committees, such as the Public
Accounts Committee, which regularly deal with specific
matters;
3) departmental select committees, which are creatures of the
House of Commons and which investigate the work undertaken
by particular government departments.
Select committees can question ministers and civil servants in
more depth than would otherwise be possible. They may also take
evidence from other interest groups including academics, business
representatives and members of the public.
Departmental select committees issue annual and special reports
that may be debated in the House of Commons.
Individual ministerial
responsibility
Accountability Responsibility
The Minister is accountable The Minister is responsible
for everything done by only for those things for
his or her Department, which he or she is
its civil servants and personally to blame
its agencies
Ministerial
Responsibility
Collective Individual
ministerial
responsibility
responsibility
responsibility -
Checkpoint - Responsible
government and accountability
Done!
Item on checklist:
have accountable
I can explain why it is desirable to
government.
64 Checkpoint Responsible
government and accountability
Item on checklist: Done!
Research Point
Review the newspapers over the
past 18 months or so. Have there
been any ministerial
resignations? Did those resignations involve issues
of collective or individual
responsibility and, if so, what were they?
Research Point
Read the following article:
Brazier, R. It Is a Constitutional Issue:
Fitness for Ministerial Office in
the 1990s [1994] Public
What solutions does Brazier Law 431.
fit for office? Are his suggest to make
sure that ministers are
solutions workable?
Research Point
Watch a video of the famous 1997
Secretary Michael Howard by interview of the then Home
find this on the Internet Jeremy Paxman (you should be able to
Why do you think Mr Howardusinga search engine).
had such an
interview? What issues of awkward time in the
ministerial
responsibility were at issue?
Potential exam question
How do the
conventions
vidual ministerial of
collective
government responsibility attempt
responsibility
to
and indt
in the UK? secure
accountab