The Prime Minister & Cabinet
Introduction:
Prime Minister’s power depends upon particular incumbent’s personality, style, on political circumstances (i.e., majority in Parliament), and on good fortune (i.e., absence of scandals). Prime Minister Harold Wilson (1964-1970 and 1974-1976) described the Prime Minister as being like a conductor of an orchestra, the orchestra being the various ministers, departments of state, etc.
Choosing a Prime Minister
The role of the Crown
The Monarch must appoint as Prime Minister- the person who commands a majority in the House of Commons or who is in the best position to form and sustain a government in office. Hence, in theory Monarch’s role is to appoint but not to choose.
It has been suggested that however, in certain circumstances the Monarch might still have to become involved in the decision-making process. This would be most likely to occur- where an election produced a ‘hung Parliament’ i.e., a Parliament in which no single party had an overall majority in the House of Commons. There had been only five hung parliaments in the 20th Century i.e., January 1910, December 1910, December 1923, May 1929, February 1974). These latter instances provide the following approach that would be appropriate for the Monarch in the given circumstances:
For the Monarch to allow the incumbent PM, now no longer with a majority, to be given an opportunity to form a further administration. This might be a minority government if the PM still leads the largest single party or a government with cross-party support- perhaps a coalition (illustration-1931 National Coalition).
If this proves impossible, for the Monarch to invite the leader of the largest single party, if not the PM, to see if he or she is able to form a viable minority or cross-party majority administration.
If this fails, for the Monarch, on advice, to invite any other party leader, or person capable of forming a government to see if an alternative administrative administration may be formed.
All of these possibilities having been considered or exhausted, to dissolve Parliament so that a further election may be held.
Party Procedures for choosing a leader
Prior to 1981, the Labour leader was elected by simple majority vote amongst all members of the Parliamentary party. In 1981, a new system was adopted involving choosing the leader through an 'Electoral College'. According to the system, 40 per cent of the vote was cast by the trade unions, 30 per cent by the Parliamentary party, and 30 per cent by the constituency parties. In 1994, the electoral college approach was abandoned and replaced by a system of 'one man (person), one vote' (OMOV) amongst all party members. Tony Blair was the first to be elected in this way.
in comparison, Until 1965 Conservative party did not adopt a procedure for electing its leaders. When a leader dies or resigned it was assumed that a potential successor would automatically emerge and be appointed on the basis of consensus following internal deliberations. after 1965 it was decided that future leaders would be chosen by ballot amongst all members of the Parliamentary party. to be elected in the first ballot a candidate must secure a majority and 15 per cent more of the votes than any other candidate. If this does not occur, a second ballot is held. This is conclusive, if any candidate secures an absolute majority of the votes cast. If this does not occurs, the party moves to a third and final ballot. This is contested by the three candidates with the highest second ballot votes. Each conservative member is allowed a first and a second preference vote (i.e., two votes). If no candidate secures an absolute majority of of first preference votes, the third placed candidate's second preference vote is redistributed among the other two candidates. The candidate with an absolute or overall majority of first and second preference votes is then elected.
The Liberal Democrat leader is chosen by simple majority through a system of one person, one vote amongst all party members.
Factors Contributing to the Power of the PM
The convention power of patronage
In strictly legal sense the Monarch is who appoints all members of the government and makes any other appointments in the Church and state. Conventionally it is required that all these are made on the advice of the Prime Minister. Hence, the real power to 'hire and fire' belongs to the PM alone but the power is not unlimited. In forming a government the PM must be aware of the need to preserve party unity and public confidence. Hence, he or she may be constrained to include persons of ability, experience, and stature from the various 'wings' of the party. Further, the excessive use of the power of dismissal may also have prejudicial effects on public confidence and the government's standing in Parliament.
The Conventional Power of Dissolution
Prime Ministerial or Cabinet decision
In British constitution the decision to ask for a dissolution of Parliament and the chronological incidence of general elections are not subject to precise legal prescription, save for Five-year rule contained in the Parliament Act 1911. Contemporarily, deciding the date of an election is largely a question for Prime Ministerial rather than Cabinet judgement and whether or not PM should consult their Cabinet colleagues is a matter of discretion and not obligation.
Background
the entrusting of this power to the PM is claimed to date from the end of World War 1:
'Until the First World War the decision to advise the Crown to dissolve Parliament was a collective decision of the Cabinet, or at any rate of those members of it, who sit in the House of Commons, albeit the practice since 1918 has been for the decision to rest with the Prime Minister alone, taking such advice or none, as he sees fit' (Blake, The Office of Prime Minister).
The particular Prime Ministerial power is a double edged sword. to get it wrong it may result in loss of office (for illustration- Ted Heath dissolved Parliament 15 months earlier than necessary. His optimism was misjudged- his premiership was ended and by the end of 1975 so too his leadership of the Conservative Party.
It has been observed that the PM may use the threat of a dissolution to secure obedience in Cabinet and on the backbenches. Asquith said this was an essential weapon. For illustration- the threat was used by John Major in November 1994 prior to the second reading of a bill to increase UK budgetary contribution to the European Community.
The Conventional Powers in relation to the Cabinet
The PM determines the size and composition of the Cabinet; the number, subject matter, and composition of Cabinet committees. He or she may also determine when the Cabinet meets, the agenda for discussion, chairs Cabinet meetings, and sums up whatever conclusions have been reached.
Traditionally, the Cabinet meets twice a week. Mrs. Thatcher, however, seldom called more than one Cabinet meeting per week. She also reduced the number of Cabinet committees and the number of occasions on which such committees met.
However, any persistent attempt to stifle debate of significant issues can lead to dissent and ultimately resignation. Thus, Michael Heseltine resigned as Secretary of State for Defence in 1986, when Mrs. Thatcher refused to permit further discussion of the decision to allow Westland Helicopter to be sold to Sikorski, An American entrepreneur, rather than a European consortium favoured by Heseltine.
Most of the contemporary PMs used the devices of partial and inner cabinets to make decisions, thus avoiding full Cabinet discussion. Such decisions are then usually referred to Cabinet for approval or presented as fait accompli. A partial cabinet is a group of ministers selected to direct and coordinate government actions usually in relation to an urgent situation or national crisis (e.g. Falklands War). An inner cabinet refers to an informal and fluctuating group of senior ministers whom the Prime Ministers trusts and favors; and with whom major issues will often be discussed- and a common view formed- prior to Cabinet proceedings.
Support of the Cabinet Office or Secretariat
This is a body of senior Civil servants, whose formal task is to provide the Cabinet with administrative and secretarial support. One of the main functions is to prepare agenda and supply all other documentation and material necessary for the efficient disposal of business in Cabinet.
Prior to 1917, no machinery existed for preparing Cabinet agenda and recording decisions. Therefore, ministers were sometimes inadequately briefed prior to Cabinet meetings, or even worse, were sometimes unclear about what had been decided.
Other Cabinet Office functions include: Summoning Ministers to Cabinet & Cabinet Committee Meetings; taking and circulating Cabinet and Cabinet Committee minutes; drafting reports of Cabinet Committee recommendations for Cabinet discussion; filing & maintaining Cabinet papers and records.
Although dedicated to support the whole Cabinet, the Secretariat provides the PM with access to great deal of information and analysis without which his/her position would be weakened. it is headed by the Cabinet Secretary who is the Senior Civil Servant with whom the PM will be in regular personal conduct for information and advice.
The PM's private office
it is divided in to 4-sections and is staffed by a mixture of civil servants and political appointees and recently has over 100 personnel (including- messengers & clerical staff).
The Private Office
The responsibility of Civil Servants is to help the PM manage and prioritize the mass of paper work and communications, and it also co-ordinates PM's diary, helps with the preparation of speeches, and generally ensures that the PM is adequately briefed, and prepared for both official & parliamentary business.
The No 10 Policy-Unit
Its members are political appointees and they are concerned with analysis and evaluation of policy proposals and with projecting the practical and political consequences of such proposals.
The political office
Its principal function is to keep the PM in touch with opinion in the governing party and its organizations at both national and local level.
The No 10 Press Office
It handles the PM's relationship and arrangements with the media. Normally, its members are Civil Servants.
The voting and two party system
The current voting system tends to give the party with the largest minority of the vote a secure majority of Parliamentary seats, thus for 41.9 per cent of the vote in 1992 General Elections the Conservatives gained 51.6 percent of the seats in the House of Commons. The voting system also mitigates against the growth of smaller political parties and the formation of coalitions. Sustained by a single party with a safe majority in Parliament, the PM's position is inevitably enhanced.
LIMITS ON PRIME MINISTERIAL POWERS
The Cabinet
Despite the PM's preeminent position in relation to other minister, insistence on policies not fully supported in Cabinet tends to result in dissent, and dissatisfaction (cause leaks) and possibly ministerial resignations- all of which damage the image of both the government and the PM. PM has the power to deal with ministerial opposition by sacking members of the Cabinet, too many sackings may give the impression of a divided government. There is also the danger that sacked ministers may become the focus of discontent on the backbenches. In 1969, the Cabinet combined to force Harold Wilson to abandon plans to place additional legal restraints on the activities of trade unions.
Parliament
Government defeats, or the withdrawal of proposals because of Parliamentary Opposition, tend to damage the credibility of the PM and may create suspicions that he or she is no longer in effective control of the nation's affairs, i.e., that the government has lost its way. In final analysis of course, governments and PMs may be put out of office by adverse confidence votes in the House of Commons.
The Parliamentary Party
Lord Palmerson (PM from 1855-58 and 1859-65) once said that the real opposition sat behind the Treasury bench. Criticism from opposition MPs is to be expected. Dissent on the government's own benches can be far more detrimental. A prudent PM will seek therefore to choose a government around which all the party can unite.
Party Conferences
The extent to which MPs are affected by the votes and opinion of party, conferences are a matter of some uncertainty. The Conservative party conference has no policy-making powers therefore, it is usually not an issue. However, in Labour Party, the leadership is bound by resolutions supported by at least two-third of conference delegates.
The Monarch
The Monarch still reserves the residual prerogative right to dismiss the PM. The power has not been used since 1783. As a result of the unwritten nature of the British Constitution, no other formal legal procedure exists for removing a Prime Minister from office (vote of no confidence- purely conventional). The Monarch remains the only legal remedy for dealing with a premier who ignores conventional restraints, or who, in some other way, behaves unconstitutionally or in a manner seriously damaging to the national interest.
It is conceivable, for example, that the Monarch might be forced to act should a PM refused to resign after losing the confidence of a majority in the House of Commons. Clearly, however, it is a royal power which would have to be reserved for the most extreme circumstances.
The Civil Service
Senior Civil Servants regard themselves as the custodian of certain traditional views and values concerning the British system of government and it coupled with Civil Service responsibility for the implementation of policy may thwart Prime Ministerial and Cabinet intentions. The example of covert opposition to government policy includes- delay, the organization of resistance amongst and within the departments of state involved, and the leaking of information to the media.
Interest groups
It can be said that PM's position is not enhanced by determined and widespread opposition from those representing major interests within society. For illustration- Industrial unrest and trade union agitation in 1978-79 is generally agreed to have been a significant factor in Labour's defeat in the 1979 General Election.
Leaks
It is the common tactical device to embarrass the PM and government; and used by Ministers to generate opposition to policy proposals to which they are opposed but cannot criticize due to the convention if collective ministerial responsibility.
By-election defeats
The government's mid-term unpopularity and continuous defeat afterwards tend to have a detrimental effect on the PM' s domestic standing and may cause back-bench concern about the PM's suitability to lead the governing party in to the next general election.
Public Opinion Polls
It is regular assessment of the extent of PM's popularity and if it continued may help to destabilize his/her position. The public opinion polls create an electoral momentum of its own. It may also be factors in creating backbench unease- possibly resulting in a leadership challenge, particularly once a government has passed its mid-term point and MPs begin to concentrate on the spectre of next election.
External political and economic pressures
National governments are no longer able to exercise such exclusive control over their domestic economic affairs as once was the case, changes in US or German interest rates, for example may have immediate and not necessarily beneficial consequences for the UK's economy. These sort of external forces which although not directly of its own making can diminish public confidence in an administration and its leader.
THE CABINET
Composition
Appointment to and allocation of ministers within Cabinet is up to the grant of the PM. Cabinet usually consist of 20-25 ministers. The heads of the major departments will be included, the leader of the House of Commons (responsible for expedition of government business in the House), the Lord Chancellor, the leader of the House of Lords (responsible for government business in the Upper House), the Chancellor of the Duchy of Lancaster (responsibilities determined by PM or party chairman in Conservative governments), and the Chief Secretary to the Treasury (Chancellor of the Exchequer 'No. 2').
It worth noted that not all ministers will be members of the Cabinet. Within each department there will be a team of ministers junior to the departmental head or Secretary of State. Next in order of seniority are Ministers of State and beneath them Under-Secretaries of State and Parliamentary Private Secretaries.
Mrs. Thatcher last administration had 129 members, only 95 ministers may have seats in the House of Commons- House of Commons (Disqualification) Act 1975. This is to minimize exploitation of the payroll vote i.e., the number of MPs bound by the convention of collective ministerial responsibility and therefore, obliged to support the government.
Functions
According to the 1918 Haldane Committee on the Machinery of Government- the Cabinet has three major responsibilities-
- The final determination of policy to be submitted to Parliament;
- the supreme control of the national executive in accordance with the policy prescribed by parliament;
- the continuous co-ordination and delimitation of the interests of the several departments of state.
The final determination of Policy
The majority of major decisions concerning the management of parliamentary and national affairs are considered within Cabinet. However, due to time, size, and complexity of modern government, it is not possible for the Cabinet in twice-weekly meetings to give its full attention to all issues relating to the formation and implementation of policy; and to multifarious other matters with which the government must deal. Inevitably, therefore, other mechanisms and procedures have been developed to expedite the process of policy and decision-making.
Until 1992, the exact number, designation, and composition of these Cabinet Committees was not made public. Mrs Thatcher reportedly had some 25 such standing committees and another 110 ad-hoc working parties. They are usually chaired by a Cabinet minister and will consist of other ministers, mostly not of Cabinet rank, from those departments with an interest in a particular committee's area of responsibility. Most are permanent but ad-hoc committees may be setup to deal with or oversee a particular problem.
Their Principal Functions are to co-ordinate the activities of the various departments of state, to formulate policy suggestions or proposed courses of executive action for Cabinet consideration, and to deal with and make recommendations related to any other matter referred to them.
In 1992, the principal committees included: economic and domestic policy (Chaired by PM); industrial, commercial, and consumer affairs (chaired by Leader of House of Lords); Local Government (Leader of the House of Commons); Queen's Speech and future Legislation (Leader of House of Commons); Legislation (Leader of the House of Commons); Civil Service (Leader of House of Commons, to name the few.
(b) Inner and Partial Cabinets
Partial Cabinet refers to a group of Cabinet Ministers selected by the PM to direct and co-ordinate some aspect of government action, often in relation to a matter of urgency or where expedition is needed to deal with an immediate and serious threat to the national interest, i.e., such use by Mrs Thatcher during the Falklands War (1982). Such informal ministerial groups can be used to thwart or obstruct the plans of particular ministers. For example- after the inner city riots of 1981 Michael Heseltine (Minister for the Environment) proposed a major spending programme to deal with inner city dereliction.
The inner cabinet consists of that small group of particularly trusted senior ministers, usually holding key Cabinet posts, to whom the PM may refer for advice and support on an informal and confidential level. The decisions and courses of action proposed by such powerful groupings are unlikely to be defeated when and if put before a Cabinet meeting.
(c) Matters Outside Cabinet Control
Given their special nature, certain specific government responsibilities are not subject to direct Cabinet control including:
- The power of Prime Ministerial Patronage;
- The Power to advise dissolution;
- The Prerogative of Mercy (the matter for Home Secretary);
- The formation of the Budget (the matter for the Chancellor and the Chief Secretary to the Treasury in consultation with the Prime Minister and those ministers directly affected by a particular proposal).
Control of the National ExecutiveIn constitution theory- the control of the national executive remains a primary function of the Cabinet, although for practical reasons- the degree of control which it actually able to exercise over the extensive machinery of central government is for a variety of reasons, somewhat limited.
It is not possible for a body of some 20-25 persons, which meets only once or twice per week to be fully appraised of, or make decisions in relation to all the concerns of the various government departments. More detail consideration and supervision of departmental activity and policy tends to be undertaken by Cabinet Committees and Sub-Committees and in negotiations between PM, Chancellor, Cabinet Secretary, and individual ministers.
As the machinery of government began to grow doubts grew concerning the validity of theory that ministers control their departments and that collectively, they exercise effective authority over the entire central government bureaucracy. Recently, the arguments relating to the size and complexity of government appear to have affected executive interpretation of the convention of ministerial responsibility. Hence, it is common for ministers to plead that they should not be expected to take the blame for the actions and decisions of civil servants which they had not directly sanctioned or were not aware of (i.e., Scott Inquiry). Such concern about the effectiveness of Cabinet and Ministerial control of government departments led to introduction of mechanisms for the rigorous security of executive activity, including the appointments of the Parliamentary Commissioner (1967) and the Health Service Commissioner (1974), the creation of the system of departmental parliamentary select committees, and the setting up of the National Audit Office (1983) to give assistance to the work of the Comptroller and Auditor General.
Continuous co-ordination of the several departments of state
It is one of the Primary Functions of Cabinet committees and sub-committees. The process of co-ordination is also assisted by the work of the Cabinet Secretariat. Gradually, PMs have tried to improve the extent of co-ordination by restructuring the departmental composition of central government. Hence, the Department of the Environment (established in 1971) now encompasses local government, housing and planning, all of which at various times, have been the responsibilities of separate ministries.
Reasons for Cabinet Confidentiality
It is supported by various political, conventional, and legal rules. In party-political sense it is something which helps preserve an image of a united and focused administration. It also underpins various public interests including the need for candour (the quality of being open and honest) and plain-speaking in ministerial deliberations, and the benefits related to defence, counter-subversion, and sensitive aspects of foreign policy.
The major conventional rules operating in this context are collective and individual ministerial responsibility, which force the ministers to either close ranks and give unreserved support to all government actions and decisions or to relinquish office through resignation or dismissal. When faced with this choice of job or conscience, the recent trend is that ministers chose the job. This is a compromise which enables particular policy preferences to be pursued from within and of course, does less immediate damage to hopes of political advancement.
The legal rules of most obvious relevance in this context are those relating to the equitable doctrine of confidentiality and to the common law concept of public interest immunity.
At the moment, ministers (or ex-ministers) may be restrained from publishing information entrusted to them in the course of their ministerial responsibilities, if this would damage the public interest in government confidentiality or adversely affect national security (Attorney-General v Jonathan Cape). The rules of public interest immunity prevent the use of Cabinet papers in legal proceedings except in very limited circumstances (Burmah Oil Co Ltd v Bank of England [1980] AC 1090).
Bibliography
Alex Carroll, CONSTITUTIONAL & ADMINISTRATIVE LAW: CHAPTER 11 THE PRIME MINISTER AND CABINET, (Financial Times Management 1998) p 183-198.
