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Ministerial Accountability
Suggested Answer Guide
The doctrine of collective and individual responsibility are effective tools in
ensuring the accountability of ministers to Parliament. Discuss.
Discuss the nature and importance of the doctrine of ministerial
responsibility to the working of the United Kingdom constitution.
Individual and collective responsibility are examples of conventions that
form an important source of constitutional law. They are defined by Hilaire
Barnett in Constitutional and Administrative Law as non-legal
constitutional rules which imposes an obligation on those bound by the
convention and are largely political in nature. They govern the exercise of
discretionary powers and regulate many practices in the workings of
central government. Conventions regulate the relationship between the
various organs of government and supplement the legal rules. Because of
its non legally binding nature it helps remove certain aspects of the
working of the constitution from the jurisdiction of the courts and helps
preserve the doctrine of the separation of powers but at the same time
the breach of convention is uncertain and can lead to abuse by an
irresponsible
government.
Professor Wade has defined the convention of ministerial responsibility as
the accountability and responsibility of those who govern to whom they
govern. Under these broad ambits are the collective responsibility of the
Cabinet to parliament and ultimately the electorate for policy and
administration, the individual responsibility of ministers for the policy and
administration of his or her department and the individual responsibility of
ministers for their personal conduct.
Collective responsibility is evidenced by three interrelated observations;
that the government must speak with one voice, cabinet discussions are
confidential and the government must resign if it loses a confidence vote.
The convention of collective responsibility emphasizes the unanimity of
government and its accountability to parliament. The rationale for the
convention lies in the need for the government to speak with one voice is
the presentation of a unanimous front to the parliament, and ultimately
the electorate in order to maintain confidence. It is by convention that
once the cabinet arrives at a decision, then every member of the cabinet
must support that decision regardless of any disagreement beforehand.
The ministers are then held collectively to be accountable to Parliament.
The Prime Minister has head of the Cabinet is questioned during the Prime
Minister question time making him accountable for the collective decisions
of the cabinet.
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right of access to data is a step in the right direction and makes it appear
there is more transparency and openness in government.