Ministerial Conduct

Ministerial conduct

Standards governing how ministers behave in office based on conventions and the Ministerial Code

Ministerial responsibility

Framework ensuring ministers are accountable for actions of government

Collective ministerial responsibility (CMR)

Ministers must act as a united body in government

CMR confidentiality

Cabinet discussions must remain secret

CMR unanimity

Ministers must publicly support agreed government policy

CMR resignation rule

Ministers must resign if they cannot support policy

CMR purpose

Maintain confidence of Parliament in the government

CMR example (Robin Cook 2003)

Resigned as Leader of the House of Commons because he opposed UK participation in Iraq War → breach of unanimity

CMR example (Boris Johnson 2018)

Resigned as Foreign Secretary over disagreement with Theresa May’s Brexit “Chequers Plan” → could not support government policy

CMR example (David Davis 2018)

Resigned as Brexit Secretary for same reason → rejection of agreed Cabinet policy

Vote of no confidence effect

Government must resign if it loses Commons confidence

Individual ministerial responsibility (IMR)

Ministers accountable for actions of their department

IMR traditional rule

Minister resigns for serious departmental failures

Modern IMR approach

Depends on minister’s personal involvement or knowledge

Maxwell-Fyfe principle

Distinguishes policy failures from operational failures

Policy failure

Minister responsible → resignation expected

Operational failure

Civil servants responsible → resignation less likely

Ministerial Code

Written rules setting standards of ministerial conduct

Nature of Code

Soft law (not legally enforceable)

Purpose of Code

Promote ethical and accountable government behaviour

Enforcement of Code

Prime Minister decides breaches and consequences

Seven principles of public life

Core ethical standards for ministers

Selflessness

Act in public interest only

Integrity

Avoid obligations that influence duties improperly

Objectivity

Make decisions impartially and fairly

Accountability

Be answerable to public and Parliament

Openness

Act transparently and share information

Honesty

Be truthful in conduct and statements

Leadership

Set example and uphold standards

Key principle

Ministerial conduct is politically enforceable, not legally enforceable

IMR example (Crichel Down 1954)

Minister resigned despite not being personally involved → classic strict IMR application

IMR example (Lord Carrington 1982)

Resigned as Foreign Secretary after failure to anticipate Argentine invasion of Falklands → policy/oversight failure

IMR example (Amber Rudd 2018)

Resigned as Home Secretary after misleading Parliament about deportation targets (Windrush scandal) → personal accountability + misleading Parliament

IMR example (Priti Patel 2017)

Resigned after conducting unauthorised foreign meetings with Israeli officials → personal misconduct breaching ministerial standards