APPLICATION OF MINISTERIAL RESPONSIBILITY IN THE BRITISH PARLIAMENTARY SYSTEM

 

          Ministerial responsibility is central to the parliamentary system, because it ensures accountability of government to the legislature.There exists the Ministerial Code which is the set of rules and principles which outline the standards of conduct for government ministers. There are separate codes for ministers for the UK government and devolved administrations in Scotland, Wales and Northern Ireland. The codes all include the ‘overarching duty’ of ministers to comply with the law and to abide by the Seven Principles of Public Life, a set of ethical standards which apply to all holders of public office. The Northern Ireland Code also sets out rules and procedures specified in the Belfast Agreement, the 1998 Act, the St Andrews Agreement and the Northern Ireland (St Andrews Agreement) Act 2006.Ministerial codes apply to all government ministers, special advisers, unpaid advisers, Parliamentary Liaison Officers and parliamentary private secretaries.[1]


             All of the ministerial codes cover similar ground in the machinery of the government and the impartiality of the civil service, accountability to parliament, use of government resources, propriety and ethics, and the separation between private and public interests. The UK code sets out principles stating that "no definitive criteria can be given for issues which engage collective responsibility". In another sense, following the death of former minister Carl Sergeant, the Welsh Ministerial Code was revised to include a section on wellbeing of ministers. It now requires the first minister to "ensure that the wellbeing of the minister or ministers involved is fully taken into account as part of planning and preparation for reshuffles or other circumstances in which ministers may depart from government". [2]

            However, in cases of breach of the ministerial code, investigation is carried out by an independent panel. Since 2006, UK government ministerial code breaches have been investigated through an independent adviser or by the cabinet secretary, but there is no requirement to follow any particular process. When a breach of the UK Ministerial Code is alleged to have taken place, whether and how it is investigated is entirely at the prime minister’s discretion. In November 2020 the then-adviser, Sir Alex Allan, resigned his post after the prime minister disagreed with his finding that the home secretary, Priti Patel, had broken the code. The adviser to the prime minister also does not have the ability to publish the findings of his investigations, but can ‘require’ that they be published ‘in a timely manner’ by the government. [3]

              Once a minister is found to be at fault, he can be called back to the chamber to apologize for his actions. The House can use its mechanisms for scrutiny, such as select committee hearings, questions or debates, to increase pressure on them to apologies for a government failure or take remedial action. It can also increase calls  for his resignation. Ministerial resignations often depend on a judgement about how severe the problem is and how far resignation calls in Parliament and the media can be rebuffed.[4]

Parliament only has limited sanctions it can apply. It can pass a vote of censure or no confidence in a given minister. However, even if this passes, though it might be politically damaging, it does not have any formal effect. Some ministers have resigned on principle. In 1982, Lord Carrington accepted full responsibility for the failure of the Foreign Office to foresee the invasion of the Falkland Islands by Argentina and resigned as foreign secretary even though he had not been asked to resign by the prime minister. In 2002, after problems with A-level marking and other failures in her department, Estelle Morris resigned as education secretary because she ‘had been honest with herself’ about being up to the job. [5]

Ministers also known as Ministers of the Crown in Commonwealth countries have both a collective and an individual responsibility to the parliament. Collective responsibility has two main components. First, the principle that ministers should be able to have free and frank discussions prior to coming to a collective decision, and that these discussions should remain confidential. Second, that once a position has been agreed in cabinet, all ministers are expected to abide by that position and vote with the government, or else resign from office. The one area where collective responsibility is most strictly enforced is in votes in parliament. The Cabinet Manual sets out clear rules for ministers and parliamentary private secretaries to vote with the government. Ministers who have breached collective responsibility are, in theory, expected to resign. However, while the Ministerial Code sets out the rules around collective responsibility, it also states that the document is ‘guidance’ and that only the prime minister can make the final decision based on their power to hire and fire.

          Individually, ministers are personally responsible to the parliament. Adopting Brazier’s definition, a Minister is individually responsible for  his private conduct, his general conduct of his department, and acts (or things left undone) by civil servants in his department’[6]. This responsibility includes the minister’s own conduct, but it also extends to the agencies and departments under his or her purview and all actions taken by their civil servants. In case of any wrongdoing or mistake, the minister can be called on to take action to correct the situation, to apologize and even in some cases to resign from a cabinet position.

             There are many procedures that allow Parliament to scrutinize and hold ministers to account. The main ones include:[7]Oral Questions submitted by other members of parliament or Lords to be answered in the chambers. Written questions also submitted by members of parliament or Lords to which ministers respond in writing without the opportunity for follow up. Urgent Questions and emergency, opposition day and backbench debates – these usually allow for debate on an issue. Urgent questions, and Private Notice Questions in the Lords can summon a minister to the chamber to respond. Select committees – ministers (and some officials) will appear before select committees to answer questions. Correspondence – Members of parliament and Lords, including committees, will write to ministers to raise issues. Publishing these letters increases pressure on ministers to respond.

        This is the extent to which ministerial responsibility in the British parliamentary system ensures accountability over the years.


[1] The Institute for Government, Updated on April 28,2021, Ministerial Code, Retrieved on June 9,2021 from https://www.instituteforgovernment.org.uk/explainers/ministerial-code

[2] The Institute for Government, Updated on September 16,2020, Ministerial Accountability, Retrieved on June 9,2021 from https://www.instituteforgovernment.org.uk/explainers/ministerial-accountability

[3] The Institute for Government, Updated on April 28,2021, Ministerial Code, Retrieved on June 9,2021 from https://www.instituteforgovernment.org.uk/explainers/ministerial-code

 

[4] The Institute for Government, Updated on April 28,2021, Ministerial Code, Retrieved on June 9,2021 from https://www.instituteforgovernment.org.uk/explainers/ministerial-code

 

 

[5] The Institute for Government, Updated on September 16,2020, Ministerial Accountability, Retrieved on June 9,2021 from https://www.instituteforgovernment.org.uk/explainers/ministerial-accountability

 

[6] /

[7]  The Institute for Government, Updated on September 16,2020, Ministerial Accountability, Retrieved on June 9,2021 from https://www.instituteforgovernment.org.uk/explainers/ministerial-accountability

 

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