Cabinet of the United Kingdom

“ It therefore includes chapters on how the Government relates to the Sovereign, Parliament and the independent judiciary, as well as the other democratic institutions within the UK and key international bodies. The content of the Cabinet Manual is not static, and the passage of new legislation, the evolution of conventions or changes to the internal procedures of government will mean that the practices and processes it describes will evolve over time. ”

“ It had become increasingly evident that the older system under which the supreme direction of the war rested, with a Cabinet consisting of the departmental chiefs under the Chairmanship of the Prime Minister, was not sufficiently prompt and elastic for the conduct of a war which involved the mobilization and direction of the resources not only of the United Kingdom but of the British Empire. ”

“ NMDs have a board and ministers do not have direct control over them. Instead they have a sponsoring minister, who typically appoints the board. • Executive agencies are well-defined units with a focus on delivering specific outcomes. They are part of a department and are staffed by civil servants. • Non-departmental public bodies are bodies that have a role in the processes of national government, but are not government departments or part of one, and operate to a greater or lesser extent at arm’s length from ministers. ”

“ The Prime Minister is, by tradition, the First Lord of the Treasury (for more information on the Treasury Commissioners and the First Lord of the Treasury see paragraph 3.29) . In his or her capacity as First Lord of the Treasury, the Prime Minister takes oaths of office under the Promissory Oaths Act 1868.2 3.3 The Prime Minister has few statutory functions but will usually take the lead on significant matters of state. The Prime Minister has certain prerogatives, for example recommending the appointment of ministers and determining the membership of Cabinet and Cabinet committees. ”

“ Paragraph 4.16 in Chapter Four sets out the circumstances in which collective agreement applies, and the exceptions to collective agreement are at paragraphs 4.23–4.25 of that chapter. Inherent or ‘common law’ powers 3.31 Ministers’ functions are not limited to those authorised by statute. A minister may, as an agent of the Crown, exercise any powers which the Crown may exercise, except insofar as ministers are precluded from doing so by statute and subject to the fact that a minister will only be able to pay for what he or she does if Parliament votes him or her the money. ”

“ It has not been modern practice for Parliament to be dissolved while sitting. Prorogation brings a Parliamentary session to an end. It is the Sovereign who prorogues Parliament on the advice of his or her ministers. The normal procedure is for commissioners appointed by the Sovereign to prorogue Parliament in accordance with an Order in Council. ”

“ The role of the ministers from the Devolved Administrations is to support and advance the single UK negotiating line. When EU business touches upon devolved responsibilities, Devolved Administration ministers will have played a part in developing the single UK negotiating line. Ministers are encouraged to respond positively to requests from Devolved Administrations to attend Council meetings, unless there is a compelling reason not to do so, which they should be willing to explain. ”

“ In the House of Lords, negative instruments are debated fairly regularly. Instruments subject to the affirmative Parliamentary procedure must be approved, usually by both Houses, before being made. They must therefore be subject to a debate in each House, although in the House of Commons this usually takes place in a committee.30 The minister will speak in the debate, whether in committee or on the floor of the House. 5.29 Acts can also delegate legislative power to persons other than ministers. ”

“ Each permanent secretary supports the government minister who heads the department and who is accountable to Parliament for the department’s actions and performance. In a limited number of departments there may be more than one permanent secretary, or a deputy or second permanent secretary to deal with issues of operational or national significance, such as national security. ”

“ Where international policy affects the interests of more than one department, the UK line is agreed either bilaterally with the relevant departments or the responsible 71 The Cabinet Manual minister will seek clearance from the relevant Cabinet committee. ”

“ The nicest of all the adjustments involved in the working of the British Government is that which determines, without formally defining, the internal relations of the Cabinet. On the one hand, while each Minister is an adviser of the Crown, the Cabinet is a unity, and none of its members can advise as an individual, without, or in opposition actual or presumed to, his colleagues. On the other hand, the business of the State is a hundred-fold too great in volume to allow of the actual passing of the whole under the view of the collected Ministry. ”

“ The Lord Chief Justice is head of the judiciary in England and Wales, Head of Criminal Justice and President of the Courts of England and Wales.38 6.38 There is a duty to uphold the continued independence of the judiciary extending to the Lord Chancellor, Ministers of the Crown and ‘all with responsibility for matters relating to the judiciary or otherwise to the administration of justice’,39 including civil servants and members of Parliament. ”

“ It is only in Great Britain that this transfer of executive power from the titular head of the State to the legislature has become complete, and that we find Cabinet Government in its most highly developed form. In France, however, it is practiced with a large measure of success, and is completely accepted in theory, whereas, in most of the Continental States which have adopted the device of the parliamentary Cabinet, it is still imperfectly accepted and applied. ”

“ Ministers must uphold the political impartiality of the Civil Service, and not ask civil servants to act in any way which would conflict with the Civil Service Code and the requirements of the Constitutional Reform and Governance Act 2010. See Chapter Seven for more on civil servants. The judiciary 16. The judiciary interprets and applies the law in its decisions. It is a long-established constitutional principle that the judiciary is independent of both the government of the day and Parliament so as to ensure the even-handed administration of justice. ”

“ In relation to departments, the 83 The Cabinet Manual accounting officer is usually the permanent secretary. The accounting officer may be called to account in Parliament for the stewardship of the resources within the organisation’s control through appearing before the Committee of Public Accounts.18 They take personal responsibility for the regularity and propriety, value for money judged for the public sector as a whole, risk management and accounting accurately for the financial position of their organisation. ”

“ In this section “the accountable person”—
(a) in relation to a Northern Ireland department or any Northern Ireland public authority, means the First Minister and deputy First Minister in Northern Ireland acting jointly, (b) in relation to the National Assembly for Wales or any Welsh public authority, means the Assembly First Secretary, and (c) in relation to any other public authority, means— (i) a Minister of the Crown who is a member of the Cabinet, or (ii) the Attorney General, the Advocate General for Scotland or the Attorney General for Northern Ireland. ”

“ Ministers who knowingly mislead Parliament will be expected to offer their resignation to the Prime Minister. • Ministers should be as open as possible with Parliament and the public, refusing to provide information only when disclosure would not be in the public interest, which should be decided in accordance with relevant legislation, including the Freedom of Information Act 2000. ”

“ Like a stout buffer-spring, it receives all shocks, and within it their opposing elements neutralize one another. This is the function of the British Cabinet. It is perhaps the most curious formation in the political world of modern times, not for its dignity, but for its subtlety, its elasticity, and its many-sided diversity of power. It is the complement of the entire system ”

“ I know no reason why I should judge them severely, except such as arise from those inevitable conclusions, which avowed principles and distinct conduct have impressed upon the mind. I say, then, sir, without hesitation, that in my judgment, the embarrassments of our relations with Great Britain, and keeping alive between this country and that a root of bitterness, has been, is, and will continue to be, a main principle of the policy of this American Cabinet. They want not a solid settlement of our differences. If the nation will support them in it, they will persevere in the present war. ”

“ A Regent must take the oaths of the Sovereign, except the Coronation Oath, and may exercise any of the powers of the Sovereign, except assent to any bill for changing the order of succession to the Crown as defined by the Act of Settlement 1700 or for repealing or altering the Act preserving the presbyterian system of Church government in Scotland. ”

“ A Devolved Administration is free to spend its allocation according to its own priorities in devolved areas, as agreed by the relevant devolved legislature. The Government places no conditions on expenditure of the Devolved Administrations. 66 Chapter Eight Local government in England 8.27 Local authorities are statutory bodies created by Acts of Parliament.16 They are not accountable to Parliament, as they are directly elected by their local communities. However, ministers can direct local government to adhere to national policy frameworks where legislation permits. ”