Government and Accountability
- Created by: Launston
- Created on: 11-05-14 15:18
View mindmap
- Government and Accountability
- Monarch
- Constitutional Monarchy - can only act as advised by ministers - ceremonial and constitutional duties such as appointing the PM, fixing election dates, head of armed forces, state visits
- Historical Development
- Civil war between royalists and parliamentarians - P's won and there was a commonwealth under Cromwell
- Glorious Revolution - James II's son in law and daughter became joint monarchs - unlawful but saw the start of the constitutional monarchy
- Act of Settlement - further restrictions on royal power - could not remove judges from office unless both houses agreed
- Glorious Revolution - James II's son in law and daughter became joint monarchs - unlawful but saw the start of the constitutional monarchy
- Civil war between royalists and parliamentarians - P's won and there was a commonwealth under Cromwell
- Monarch and Ministers
- Monarch acts only on the advice of ministers - receives government papers
- Rights to be informed, consulted, to advice, to encourage and to warn
- When the Monarch carries out an executive function, she acts formally, to confer legal authority on a decision which has already been taken
- Rights to be informed, consulted, to advice, to encourage and to warn
- Selecting the Prime Minister
- In event of hung Parliament, it is disputed over how much power the Monarch should have
- Queen does not need to accept advice - ideally placed to moderate
- Should be resolved by politicians - refute allegations that a non elected head of state had imposed a solution - enhance Queen's impartiality and enhance democracy
- When a Prime Minister resigns for personal reasons (Thatcher), the Queen allows the party to choose a new leader and the same should happen in an election
- Should be resolved by politicians - refute allegations that a non elected head of state had imposed a solution - enhance Queen's impartiality and enhance democracy
- Queen does not need to accept advice - ideally placed to moderate
- In event of hung Parliament, it is disputed over how much power the Monarch should have
- Monarch acts only on the advice of ministers - receives government papers
- The concept of the Crown
- Monarch and Executive - formal location of authority in constitution
- Impossible to confine to the Queen as crowns powers exercised by ministers
- Symbolizes system in which those who exercise power do so because they have constitutional authority
- Impossible to confine to the Queen as crowns powers exercised by ministers
- Monarch and Executive - formal location of authority in constitution
- Privy Council
- Confer validity on documents and decisions that have already been agreed upon, approve amendments to bylaws and rules
- Way of giving information to the Queen
- Confer validity on documents and decisions that have already been agreed upon, approve amendments to bylaws and rules
- Ministers
- Ministerial Office
- Senior Ministers are Secretaries of State
- Team of other politicians to provide leadership to department
- Senior Ministers are Secretaries of State
- Role
- Within Gov: set policy priorities, negotiate on behalf of department, ensure those running the department are able to do so
- Accountable to the legislature through questions, debates and committees
- Meet stakeholders to ensure policy reflects reality, attend public functions
- Accountable to the legislature through questions, debates and committees
- Within Gov: set policy priorities, negotiate on behalf of department, ensure those running the department are able to do so
- Requirement to be in Parliament
- Parliamentary Government - convention that ministers must be in parliament
- Allows ministers to be held to account
- Original Act of Settlement excluded this but was amended
- Allows ministers to be held to account
- Parliamentary Government - convention that ministers must be in parliament
- Cap on number
- Capped at 95 to restrict government control
- Government influence over Commons
- Government must ensure that members support its policies - three line whip
- Party discipline is not enforced in the select committees - better scrutiny
- Some argue that party whips should be banned and MPs vote in the public interest
- However, party system is indispensable foundation of democracy
- Status Quo strikes balance between backbench influence and ability of government to govern
- Different conceptions of 'public good' despend on ideological considerations - party important for electoral choice
- Anti-party would mean ordinary people are just onlookers
- However, party system is indispensable foundation of democracy
- Some argue that party whips should be banned and MPs vote in the public interest
- Party discipline is not enforced in the select committees - better scrutiny
- Government must ensure that members support its policies - three line whip
- Prime Minister
- Main legal capacity from prerogative powers
- Creature of convention - only referred to in 75 Acts
- Main legal capacity from prerogative powers
- Ministerial Office
- The Civil Service
- Contributes to the proper discharge of the functions of Government
- 435,000 serve in the Home Civil Service and 16,000 in Diplomatic Service
- Servants of the Crown - supports gov in developing and implementing policies and delivering public service
- Accountable to Ministers
- Ministers must uphold the impartiality of the civil service and give fair consideration and weight to informed and impartial advice from them
- Accountable to Ministers
- Features
- Nonpartisanship - check on government
- Meritocracy - admission by ability
- Ministerial Responsibility - held responsible for things which aren't their fault
- Secrecy
- Unity - defined by membership not department - generalist
- Contributes to the proper discharge of the functions of Government
- Appointees to public office
- Independent so Ministers cannot dictate
- Based on merit and scrutinised
- Increase minorities in office
- Pre-appointment hearings to increase scrutiny
- Increase minorities in office
- Based on merit and scrutinised
- Independent so Ministers cannot dictate
- Accountability
- Meaning - explanatory and can impose sanctions
- Individual Ministerial Responsibility
- Ministers responsible for all that happens in their department
- Duty to account for actions, give accurate information, open as possible and require same of civil servants
- Difficult to know what happens in departments but ministers should try
- Ministerial Code
- There have been calls for the code to be published formally
- But the government said only the prime minister can determine the terms of the code
- Resignations due to criticism of ministerial conduct - Lord Carrington, Leon Brittan, Beverley Hughes
- But the government said only the prime minister can determine the terms of the code
- There have been calls for the code to be published formally
- Duty to account for actions, give accurate information, open as possible and require same of civil servants
- Ministers responsible for all that happens in their department
- Accountability of civil servants
- Accountable to ministers but can appear before select committees
- The Osmotherly Rules
- On behalf of ministers and under directions - ministers decide who represents them
- No disciplinary action can be taken against civil servants
- Evidence should be confined to questions of fact and explanation relating to policies
- No disciplinary action can be taken against civil servants
- Ministerial accountability - distinction between culpable acts
- Fundamental duty to account to parliament
- Executive is liable to be held to account - respond to concerns and criticisms
- Civil service accountability to ministers
- Accounting to Parliament
- Responsibility for one's own decisions can only work if it is clear who took which decision
- Direct accountability may create a division of loyalties for civil servants
- But does not necessarily undermine ministerial responsibility and may increase accountability
- Direct accountability may create a division of loyalties for civil servants
- Responsibility for one's own decisions can only work if it is clear who took which decision
- Accounting to Parliament
- Fundamental duty to account to parliament
- On behalf of ministers and under directions - ministers decide who represents them
- The Osmotherly Rules
- Accountable to ministers but can appear before select committees
- Collective Responsibility
- Ministers must be shown to support government policy or resignation (Robin Cook, Geoffrey Howe)
- Some public policy matters will allow for a free vote
- Departures
- PM may suspend due to intractable internal disagreements
- Government must retain confidence of commons
- Ministers must be shown to support government policy or resignation (Robin Cook, Geoffrey Howe)
- Mechanics of Accountability
- Select Committees
- Advisory and inquisitorial - findings are not binding
- More rigorous and sustained than despatch box
- 40% recommendations used
- More rigorous and sustained than despatch box
- Advisory and inquisitorial - findings are not binding
- Parliamentary Questions
- Must seek information or press for action, factual basis, relevant to minister, not seek opinion, not refer to court case,
- First hour of business on weekday for ministers and 30 mins at noon on wednesday for pm
- Problems
- Delays in answers, incomplete or irrelevant, cost of researching not disproportionate
- Must seek information or press for action, factual basis, relevant to minister, not seek opinion, not refer to court case,
- Debates
- Select Committees
- Monarch
Comments
No comments have yet been made