Prominent cabinet ministers including Michael Gove and Chris Grayling opted to make use of the relaxation by campaigning to leave. Furthermore, there was the new position of ministers outside of cabinet that had the ability to publically voice opinions opposite to that of the cabinet on pre agreed on topics. In the UK and Canada, external Ministers may be appointed to the upper house of Parliament, thereby becoming subject to the same accountability mechanisms as other members of Parliament. This support includes voting for the government in the legislature. Over time, the presence of Ministers in Parliament has come to be conflated with responsible government. Similarly, in the relationship between ministers and chief executives there is also the concept of collective responsibility.

If Hawker’s quota were adopted, six external Ministers could be appointed in a ministry with 30 members the size of the current Federal ministry. We also propose that the number of external Ministers be capped to ensure that they do not compromise Australia’s representative system of government. Collective responsibility is not circumvented by appointing Ministers outside of Cabinet, [4] as has occurred in New Zealand where, from to , Winston Peters and Peter Dunne were Ministers outside of Cabinet, despite their parties not being considered part of a coalition. The functions of the Scottish Law Officers include prosecuting crime, providing general advice to the First Minister and other Scottish Ministers, representing the Crown in civil proceedings, representing the public interest in litigation and scrutinising bills to ensure they are within the legislative competence of the Parliament. University Press White, N.

It is a phrase unknown to the British Constitution. The Finnish Government and its ministers are collectively responsible for all its decisions.

(PDF) Accountability and Collective Responsibility | Sean Manning –

As a result, they may exercise any of the functions of Scottish Ministers and may participate responsibiloty parliamentary proceedings, but cannot vote. The experiences of countries such as the UK, Scotland and Canada illustrate the potential advantages and challenges associated with external ministerial appointments and provide models that could inform how Australia might adopt such a process within its constitutional framework.

Solidarity within the cabinet can strengthen the prime minister’s party and accelerate policy decisions and interests of that party.

In the event that they are not successful in obtaining an elected seat, most are removed from their ministerial post within days or weeks. Compared to other constitutional questions, whether Ministers should sit in Parliament received only limited attention at the conventions. Inthe Beef Tribunal was investigating allegations of political corruption, and wanted to take evidence from a minister about cabinet meetings at which controversial proposals had been discussed.


It is likely that Australia’s political sensitivities reflect those of Canada more closely than those of the UK.

research paper 04/82 the collective responsibility of ministers - an outline of the issues

The result was s respobsibility as it is currently expressed in the Australian Constitution. In contrast, the Commonwealth Constitution is relatively inflexible, with only 8 of 44 referendums to change the Constitution succeeding sinceand none at all since We do not seek in this article to draw final conclusions as to whether appointing Ministers not elected to Parliament is a desirable practice.

These changes allowed the removal of a chief executive and caused the position to be less secure. As a result, reform to allow for external ministerial appointments is readily achievable in Victoria, Tasmania, South Australia and the Territories.

However, like the notion of responsible government, constitutional conventions are capable of changing in response to contemporary circumstances and changing political values, as has been seen in the UK. Sir Samuel Griffith, subsequently the first Chief Justice of Australia’s High Court, declared the requirement that Ministers sit in Parliament to be one of ‘many misapprehensions as to what is the essence of the system called responsible government.

research paper 04/82 the collective responsibility of ministers - an outline of the issues

Re-defining Judicial Roles’ [] Public Law The conflict being that despite government policy to cut spending inside of the public service and ministers agreeing to carry out this policy, the public service were manipulating ministers into avoiding action on implementing this policy. Ministters Question of Loyalty highlights a similar issue of people outside of cabinet affecting policy decisions.

Cabinet collective responsibility

The specifics of the individual responsibility of ministers are found in the cabinet manual and set the conventions of individual responsibility. Drawing on these comparative experiences, we propose a model of external ministerial appointments that builds upon existing appointment and termination processes for Responsibi,ity and includes specific accountability measures to ensure the responsibility of external Ministers to Parliament and compliance with ministerial codes of conduct.


His Responsibility and His Accountability. However, by convention, Ministers are generally members of that body. The relevant provisions are detailed in Table 4 below. This became particularly pertinent when Cappo was embroiled in a ‘spending scandal’ in June related to his oof on travel.

research paper 04/82 the collective responsibility of ministers - an outline of the issues

The collrctive secretary acts as the administrative head of department or the chief executive. A cabinet which included persons not members of the legislative assembly might still perform all useful duties.

On respobsibility, this principle has been suspended; most notably in the s when in Britain the National Government allowed its Liberal members to oppose the introduction of protective tariffs ; and again when Harold Wilson allowed Cabinet members to campaign both for and against the referendum on whether the UK should remain in the European Economic Community. Not to be confused with Collective responsibility.

(PDF) The Appointment of Ministers from Outside of Parliament | Alysia Blackham –

The relationship between James Hacker ministrrs Humphrey Appleby in A Question of Loyalty shows the importance of a positive and cooperative relationship between chief executive and ministers can benefit the process of policy implementation.

As a result, they collectivs exercise any of the functions of Scottish Ministers98 and may participate in parliamentary proceedings but cannot vote. Responsible government is a outllne which I would defy anyone in this assembly to define. While publically denied by Rann, suggestions were made that de Crespigny might have obtained information to assist the bid from his role in the Executive Committee of Cabinet.

Log In Sign Up. While this could be institutionalised through constitutional reform via an Act of Parliament in the States or an Act of Federal Parliament in the Territoriesit could equally be adopted without legal change in New South Wales, Queensland and Western Australia, where Ministers papre not expressly required to be members of Parliament.

A further mechanism for ensuring the accountability of external Ministers would be to subject potential appointees to pre-appointment hearings in Parliament.