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Political Accountability Lecture Notes
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Public Law, Political Accountability
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Introduction.Key elements of accountability –
Those who govern must explain and justify actions.
Those who are governed can challenge and criticise such conduct.
Legal accountability and political accountability –
Legal accountability focuses on the legality of official action.
Political accountability focuses on the responsibility for official action.
There are political pressures for our government to act in a certain way.
What non legal rules we have in the UK constitution that try to make government ministers and
the government as a whole responsible for the policy decisions they make and take.
There are three key concepts to political accountability –
1. Ministerial responsibility.
2. Mechanisms of parliamentary accountability.
3. Freedom of information.
There are two elements of ministerial responsibility –
Collective responsibility.
Individual responsibility.
, Ministerial responsibility.
Over the past 4 years we have seen many ministers resign as a result of the Brexit decision – they cannot
take responsibility for the decision of leaving the EU.
E.g., Jo Johnson, Dominic Raab and Esther McVey.
Boris Johnsons government and ministerial responsibility –
Jo Johnson’s resignation over disagreement with Brexit.
Alun Cairns resignation over lying over rape trial sabotage. (Wales).
Douglas Ross resignation over the Dominic Cummings story (breaching lockdown rules).
(Scotland).
Conor Burns resignation because he intimidated members of the public.
There seems to be a general culture that the mechanisms of political accountability seem not to be
working effectively – e.g., Dominic Cummings being supported by Boris Johnson meaning he didn’t resign,
those who disagreed with this resigned instead.
Boris Johnson decides whether to or not to use the powers of ministerial responsibility – he can
decide whether allegations are serious enough to sanction ministers who breach rules. i.e., Priti
Patel was not sanctioned due to bullying accusations because Boris decided against it.
Another example of failing to sanction ministers is Gavin Williamson’s lack of responsibility
where the A-level results of 2020 were significantly downgraded. He was not sanctioned, nor
resigned, he now works in a different area of government.
An overview –
A set of non-legal rules through which parliament can hold the government to account for its
decisions, policies, and actions.
Recall of constitutional conventions which control and limit what the government can do.
Consequences of breach – political.
Questions to consider –
How effective are the elements of ministerial responsibility in holding government actors to account? Do
they produce a responsible government?
The PM is the ultimate arbiter of the rules:
Key factors that influence their decision –
Political pressure and judgements.
Role of the media.
This often means that depending on the individual minister, PM and breach, the decisions will not be
uniform.
It is expected that the PM will justify their decisions and that they will acknowledge the impact of their
decision.
Role of the media –
‘Burke said there were Three Estates in Parliament; but, in the Reporters’ Gallery yonder, there sat a
Fourth Estate more important far than they all’ – T. Carlyle, On Heroes, Hero-Worship and the Heroic in
History (1840), Lecture V.
Refers to the role of the state (media) generating and amplifying the political pressures. E.g., Priti
Patel (2017), http://mashable.com/2017/11/08/priti-patel-uk-britain-minister-sacked/
#GC8hgYOxTOqO
The media may not always have effect on amplifying political pressure to influence the PM to
make a certain favourable decision e.g., Dominic Cummings (2020).
Key – there is no uniformity in application/enforcement of these rules, they are merely conventions.
, Ministerial code –
Written by PM.
Sets out standard of conduct expected of ministers.
Guidance on how to discharge duties.
They are not legally binding; they are conventions and can change over time.
List of ministerial resignations –
https://docs.google.com/spreadsheets/d/1gVHNx4kzXd947AFfQGiJg5zJrdNXrM81t2OC8UJFnw8/
edit#gid=0
Collective responsibility –
Of the government to Parliament.
Of members of the government to each other and the Prime Minister.
Individual responsibility –
Of ministers for personal conduct.
And for acts of department and civil servants.
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