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Cabinet Manual PDF
Cabinet Manual PDF
Cabinet
Manual
A guide to laws, conventions
and rules on the operation
of government
On entering government I set out, Cabinet has endorsed the Cabinet Manual as
an authoritative guide for ministers and officials,
with the Deputy Prime Minister, our and I expect everyone working in government to
shared desire for a political system be mindful of the guidance it contains.
that is looked at with admiration This country has a rich constitution developed
around the world and is more through history and practice, and the Cabinet
transparent and accountable. Manual is invaluable in recording this and in
ensuring that the workings of government are
The Cabinet Manual sets out the internal rules far more open and accountable.
and procedures under which the Government
operates. For the first time the conventions
determining how the Government operates are
transparently set out in one place. Codifying and
publishing these sheds welcome light on how
the Government interacts with the other parts
of our democratic system.
We are currently in the first coalition Government David Cameron
for over 60 years. The manual sets out the laws, Prime Minister
iii
Preface by the Cabinet Secretary
Before the last general election, the In addition to a significant number of detailed
changes, the revised text incorporates important
previous Prime Minister, the Rt Hon changes to aid understanding of the contents –
Gordon Brown MP, asked that I lead in particular extensive references and links to
work to produce a Cabinet Manual to more detailed guidance, and a glossary.
provide a source of information on the This updated text – the first edition of the
laws, conventions and rules that affect Cabinet Manual – remains true to its original
purpose. It is primarily a guide for those working
the operation and procedures of the in government, recording the current position
Government. With the endorsement of rather than driving change. It is not intended to
the current Prime Minister and Deputy be legally binding or to set issues in stone. The
Cabinet Manual records rules and practices, but
Prime Minister, I published a draft in is not intended to be the source of any rule.
December 2010. While the document primarily provides a guide
The draft generated considerable interest, to the operation of the Government itself, it also
including from three Parliamentary Select sets out – from the view of the Executive – the
Committees, as well as from a number of Government’s place in the UK’s Parliamentary
constitutional experts, interest groups and democracy. It therefore includes chapters on
members of the public. Their reports and how the Government relates to the Sovereign,
comments have been extremely valuable in Parliament and the independent judiciary, as well
identifying areas of controversy, errors or as the other democratic institutions within the
omissions, and areas where the draft could UK and key international bodies.
be improved. On the whole, the process also The content of the Cabinet Manual is not static,
demonstrated general support for the principle and the passage of new legislation, the evolution
of the Cabinet Manual and the contents of the of conventions or changes to the internal
draft. A summary of the comments received procedures of government will mean that the
has been published separately. practices and processes it describes will evolve
Over the past eight months, the Cabinet over time. If the Cabinet Manual is to continue
Secretariat has worked with colleagues from to play a useful role as a guide to the operations
across government to review all the comments and procedures of government, it will need to be
we received and to revise and update the text. updated periodically to reflect such developments.
iv
Preface by the Cabinet Secretary
v
Contents
Introduction 2
Parliamentary democracy 2
The UK constitution 2
The Sovereign 3
Parliament 3
The judiciary 4
General elections 13
House of Commons 14
Contents
House of Commons 14
Dissolution of Parliament 16
Ministers 22
Powers of ministers 23
Ministerial conduct 26
Cabinet 31
Political Cabinet 32
Cabinet committees 32
Core principles 40
Government business 40
Legislation 41
Public appointments 44
Public inquiries 53
Public appointments 59
Devolution 63
Scotland 64
Wales 64
Northern Ireland 65
Funding of devolution 66
international institutions
Contents
Meetings 72
Parliamentary scrutiny 76
Government accounts 84
Ministerial records 89
Publishing data 90
Access to information 90
List of abbreviations 98
Glossary 99
Introduction
2
Introduction
• judicial decisions, for example, Pepper v or spend public money unless and until
Hart [1993] AC 593; In re M [1994] AC 377; it has authorisation from Parliament. The
Jackson v Attorney General [2005] UKHL 56 House of Commons claims exclusive rights
made by the Supreme Court (formerly the and privileges over the House of Lords in
House of Lords), the Court of Appeal and the relation to financial matters, and the powers
High Court (in England, Wales and Northern of the House of Lords to reject legislation
Ireland) and the Court of Session in Scotland; passed by the House of Commons are limited
by statute.
• conventions, rules of constitutional practice
that are regarded as binding in operation but 9. In the exercise of its legislative powers,
not in law; and Parliament is sovereign. In practice, however,
Parliament has chosen to be constrained
• European and international law, both
in various ways – through its Acts, and
of which inform and influence the UK’s
by elements of European and other
constitution.
international law.
The Sovereign 10. Parliament also scrutinises executive
action. Indeed, the government of the
6. The Sovereign is the Head of State of the UK, day is primarily responsible to Parliament
providing stability, continuity and a national for its day-to-day actions. This function is
focus. By convention, the Sovereign does exercised through a variety of mechanisms,
not become publicly involved in the party such as the select committee system,
politics of government, although he or she is Parliamentary questions, oral and written
entitled to be informed and consulted, and statements, debates in both Houses
to advise, encourage and warn ministers. and the Parliamentary Commissioner for
For this reason, there is a convention of Administration. See Chapter Five for more
confidentiality surrounding the Sovereign’s on Parliament.
communications with his or her ministers.
The Sovereign retains prerogative powers 11. By the Scotland Act 1998, the Government
but, by constitutional convention, the of Wales Acts 1998 and 2006 and the
majority of these powers are exercised by, Northern Ireland Act 1998, Parliament
or on the advice of, his or her responsible devolved powers over areas of domestic
ministers, save in a few exceptional instances policy such as housing, health and education
(the ‘reserve powers’). See Chapter One for to directly elected legislatures in Scotland,
more on the Sovereign. Wales and Northern Ireland. Parliament
retains the legal power to continue to
Parliament legislate on these matters, but it does not
normally do so without the consent of these
7. Parliament has a number of functions, which devolved legislatures. See Chapter Eight for
include: controlling national expenditure and more on devolution.
taxation; making law; scrutinising executive
action; being the source from which the The Prime Minister and ministers
Government is drawn; and debating the
issues of the day. All areas of the UK are 12. Ministers’ powers derive from legislation
represented in the House of Commons, passed by Parliament, the Royal Prerogative
which provides a forum for Members of and common law. They are subject to
Parliament (MPs) to speak and correspond on an overarching duty to act in accordance
behalf of their constituents, where they can with the law. The courts rule on whether
seek redress if necessary. ministerial action is carried out lawfully. See
Chapters Three and Six for more on ministers
8. Parliament comprises the Sovereign in and the Executive and the law.
Parliament and two Houses: the House of
Commons, which is wholly elected, and 13. The roles of the Prime Minister and Cabinet
the House of Lords, which comprises the are governed largely by convention. The
Lords Spiritual and Temporal. Parliament Prime Minister is the Sovereign’s principal
has overall control of the public purse; the adviser, chairs Cabinet and has overall
Government may not levy taxes, raise loans responsibility for the organisation of
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The Cabinet Manual
government. Cabinet is the ultimate arbiter European Union and other international law
of all government policy; decisions made at
17. Parliament has provided for the incorporation
Cabinet and Cabinet committee level are
of EU law into the UK’s domestic law through
binding on all members of the Government,
the European Communities Act 1972 and,
save where collective agreement is expressly
where necessary, through further primary and
set aside, and any minister who cannot
secondary legislation.
accept them is expected to resign. See
Chapter Four for more on Cabinet and 18. The UK has also ratified a wide range
Cabinet committees. of other treaties that form part of the
constitutional framework – for example the
14. Ministers have a duty to Parliament to
Charter of the United Nations, the European
account, and be held to account, for the
Convention on Human Rights, the North
policies, decisions and actions of their
Atlantic Treaty and the various agreements
departments and agencies.
of the World Trade Organization. See
15. Ministers hold office as long as they have Chapter Nine for more on the EU and
the confidence of the Prime Minister. international bodies.
They are supported by impartial civil
servants. Civil servants are required to act
with honesty, objectivity, impartiality and
integrity. 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.
Civil servants, ministers and, in particular,
the Lord Chancellor are under a duty to
uphold the continued independence of the
judiciary, and must not seek to influence
particular judicial decisions. The Lord Chief
Justice is the head of the judiciary in England
and Wales. The Lord President of the Court
of Session and the Lord Chief Justice of
Northern Ireland are the heads of the
judiciary in Scotland and Northern Ireland
respectively. The Supreme Court is the final
court of appeal for all civil cases in the UK
and for all criminal cases in England, Wales
and Northern Ireland. See Chapter Six for
more on the judiciary.
4
Chapter One
Ceremonial and constitutional duties some honours that the Sovereign confers
at his or her own discretion. An example
1.1 The Sovereign fulfils a number of
would be an Order of Merit. British honours
ceremonial and constitutional duties
are usually conferred by the Sovereign on
relevant to the Government. The Sovereign
the advice of the Cabinet Office, while the
appoints the Prime Minister and, on his or
Foreign and Commonwealth Office (FCO)
her advice, other ministers (see Chapter
advises the Sovereign where honorary
Three). The Sovereign opens each new
decorations and awards are granted to
session of Parliament,1 and brings the
people from other countries.8
session to an end, proroguing Parliament if
necessary by Order in Council.2 Under the 1.3 As Head of State, the Sovereign
Fixed-term Parliaments Act 2011, Parliament undertakes and hosts a number of state
is dissolved automatically 17 working days visits, helping to build relations with
before the fixed date for the election.3 other nations. In addition to the UK, the
Where in accordance with the Act there is Sovereign is Head of State of a number
to be an early election, the Sovereign fixes of other Commonwealth realms.9 Her
the date of the election by Proclamation Majesty the Queen is also Head of the
on the recommendation of the Prime Commonwealth,10 a voluntary association
Minister.4 The Sovereign in all cases fixes by of 54 countries.
Proclamation the date for the next meeting
1.4 The Sovereign has a role in relation to
of Parliament. A bill which has completed
the Channel Islands and the Isle of Man,
all of its prior Parliamentary stages becomes
which are not part of the UK but are
law when Royal Assent (the formal
self-governing Crown Dependencies.11
approval of the Sovereign) is given.5 The
The Sovereign is ultimately responsible
Sovereign also appoints the First Minister of
for the good government of the Crown
Scotland and the First Minister for Wales,
Dependencies and the Lieutenant
and has a role in relation to the Devolved
Governors are his or her personal
Administrations, as set out in legislation.6
representatives. Constitutionally, the
1.2 The Sovereign is Head of the Armed UK is responsible for their defence and
Forces. Armed Forces recruits are required representation internationally. The Crown
to swear an oath of allegiance to the Dependencies make annual voluntary
Sovereign (or make a solemn affirmation contributions towards the costs of their
to the same effect).7 All titles of honour defence and international representation
(for example knighthoods) are conferred by by the UK. The Privy Counsellor with
the Sovereign, mostly on the advice of the responsibility for the Crown Dependencies
government of the day, although there are is currently the Lord Chancellor. There
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The Cabinet Manual
are also 14 Overseas Territories12 for to the bishops and clergy of England and
which the UK is responsible. They are not to the churches committed to their charge
constitutionally part of the UK, but the all the rights and privileges which the
Sovereign has responsibility for appointing law accords.18
a Governor or Commissioner to represent
him or her in the Overseas Territory. Absence and incapacity of the Sovereign
1.8 When the Sovereign is absent from the
The Royal Prerogative
country for a short period or temporarily
1.5 The scope of the Royal Prerogative power, incapacitated or for some definite cause
which is the residual power inherent in not available, his or her functions are
the Sovereign, has evolved over time.13 delegated to Counsellors of State.19 These
Originally the Royal Prerogative would are currently the Sovereign’s spouse and
only have been exercised by the reigning the four nearest in line to the Throne. Two
Sovereign. However, ministers now exercise or more Counsellors of State may exercise
the bulk of the prerogative powers, either any of the functions of the Sovereign
in their own right or through the advice except the powers to grant any rank, title
that they provide to the Sovereign, which or dignity of the peerage, or to signify
he or she is constitutionally bound to Royal Assent to any amendment to the
follow. The Sovereign is, however, entitled Act of Settlement 1700 or Royal Style
to be informed and consulted, and to and Titles.
advise, encourage and warn ministers.
1.9 When the Sovereign is incapacitated for a
More detail on the exercise of the Royal
longer period, or is under the age of 18,
Prerogative by ministers can be found in
a Regent may be appointed.20 With regard
Chapter Three.
to incapacity of the Sovereign, a Regency
can only be declared if three or more of
Succession and coronation the wife or husband of the Sovereign, the
1.6 The succession to the Crown is automatic; Lord Chancellor, the Speaker of the House
on the death of the previous Sovereign the of Commons, the Lord Chief Justice of
heir succeeds without any further ceremony England and Wales, and the Master of the
and, as in the case of Edward VIII, can reign Rolls determine that it is necessary because
without ever being formally crowned.14 The of the bodily or mental infirmity of the
coronation ceremony usually takes place Sovereign. A Regent must take the oaths
some months later. of the Sovereign, except the Coronation
Oath, and may exercise any of the powers
1.7 At the first Privy Council following of the Sovereign, except assent to any bill
accession, the Sovereign is required to for changing the order of succession to the
take an oath to maintain and preserve Crown as defined by the Act of Settlement
the presbyterian Church of Scotland.15 1700 or for repealing or altering the Act
Subsequently, at the first Parliament of preserving the presbyterian system of
the reign,16 the Sovereign is required to Church government in Scotland.
declare that they are a faithful Protestant
and will secure the Protestant succession.17
The Privy Council
(See paragraphs 1.20 and 1.21 on the
Established Church.) Under the Coronation 1.10 The Privy Council21 advises the Sovereign on
Oath, the Sovereign swears by oath to the exercise of the prerogative powers and
govern the people of the UK and the certain functions assigned to the Sovereign
Commonwealth realms according to their and the Council by Act of Parliament.
agreed laws and customs; to cause law The Privy Council is established under the
and justice, in mercy, to be executed in Royal Prerogative and is the mechanism
all judgements; to the utmost of his or through which interdepartmental
her power maintain the laws of God, the agreement is reached on those items of
true profession of the Gospel and in the government business which, for historical
United Kingdom the Protestant Reformed or other reasons, fall to ministers as Privy
Religion established by law; and to preserve Counsellors rather than as departmental
8
Chapter One
ministers. For example, certain Statutory Once a minister has accepted a summons
Instruments must take the form of Orders to a meeting of the Privy Council, this takes
in Council. precedence over all other engagements.23
1.11 Those appointed to the Privy Council mostly 1.16 Decisions of the Council are recorded in
comprise ministers, other Parliamentarians Orders. Orders in Council, which are made
and members of the judiciary. The by Her Majesty in Council, are a form of
appointment of Privy Counsellors is made primary or secondary legislation.
by the Sovereign on the recommendation
• An Order in Council made under the Royal
of the Prime Minister. Appointment to the
Prerogative is regarded as a form of primary
Privy Council is for life and therefore the
legislation. Examples of this are Orders for
majority of Counsellors play no part in the
the Prorogation of Parliament, approving
Privy Council’s day-to-day business, which
or rejecting petitions or legislation of the
is largely conducted by ministers of the
Crown Dependencies and Orders dealing
government of the day.
with certain matters concerning the
1.12 Exceptionally, non-Cabinet ministers Overseas Territories.
attending Cabinet and senior members of
• An Order in Council made under a power
opposition parties can be given briefings on
conferred by legislation will usually be
confidential terms (‘Privy Council terms’).
subject to a Parliamentary procedure.
Such an arrangement is entirely voluntary,
Examples of this are Orders giving effect to
and anyone not wishing to be briefed on
United Nations (UN) Measures or sanctions,
such terms may decline the invitation.
and transfer of functions orders under the
Having accepted a briefing on Privy
Ministers of the Crown Act 1975.
Counsellor terms, he or she is understood
to have agreed to treat it as confidential. 1.17 Orders of Council are Orders that do not
require personal approval by the Sovereign,
1.13 The Lord President of the Council (fourth of
but which can be made by ‘the Lords of
the Great Officers of State)22 is responsible
the Privy Council’ (that is, ministers). Again,
for presiding over meetings of the Privy
these can be statutory or made under
Council, which are held by the Sovereign,
the Royal Prerogative. Whether statutory
and also forms part of the quorum on
Orders are also Statutory Instruments
matters approved ‘by the Lords of the Privy
depends on the wording of the particular
Council’. The post is generally a Cabinet
Act under which they are made.
post and is often held by the Leader of
either the House of Commons or the House • Examples of statutory Orders of Council
of Lords. The post of Lord President is include approval of regulations made by
currently held by the Deputy Prime Minister. the General Medical Council and other
regulatory bodies.
Committees of the Privy Council • Examples of prerogative Orders of Council
1.14 Cabinet is the executive committee of include approval of amendments to the
the Privy Council. There are a number of by-laws of Chartered bodies (institutions
standing committees of the Privy Council such as the Royal Institution of Chartered
(for example the Judicial Committee, which Surveyors and the Royal British Legion).
among other things is the court of final 1.18 Her Majesty in Council also gives approval
appeal for the UK Overseas Territories to statutory Proclamations for new coinage
and Crown Dependencies, and for some and for certain bank holidays. Prerogative
Commonwealth countries). Proclamations for proroguing Parliament
and setting the date of the meeting of a
Privy Council meetings new Parliament are approved in Council,
1.15 Council meetings are occasions on which as are Proclamations under the Fixed-term
the Sovereign conveys formal approval to Parliaments Act 2011 setting the date
Orders in Council. The quorum is three, for an election which has been varied in
and summonses go only to government accordance with the terms of that Act.
ministers and are issued on a rota basis.
9
The Cabinet Manual
10
Chapter One
Notes
1 Jack M (ed.) (2011) Erskine May’s Treatise on the Law, 18 The exact form of the Coronation Oath may vary but it
Privileges, Proceedings and Usage of Parliament, is based on the Coronation Oath Act 1689. For more
24th edition. London: LexisNexis Butterworths, information, see: House of Commons Library (2008)
pp. 158–161. The Coronation Oath, Standard Note SN/PC/00435.
2 Ibid., pp. 144–145. 19 Regency Acts 1937, 1943, 1953.
3 Fixed-term Parliaments Act 2011, s.3(1). 20 Regency Act 1937.
4 Ibid., s.2(7). 21 For more information, see:
5 Jack (ed.) Erskine May, pp. 642–645. www.privycouncil.independent.gov.uk.
6 See the Scotland Act 1998 and the Government of 22 The Great Officers of State for England and Wales
Wales Act 2006 for more information. Throughout comprise: Lord High Steward, Lord High Chancellor,
this manual, reference is made to the ‘Scottish Lord High Treasurer, Lord President of the Council,
Government’ and the ‘Welsh Government’ although Lord Privy Seal, Lord Great Chamberlain, Lord High
their statutory titles are ‘Scottish Executive’ and Constable, Earl Marshal and Lord High Admiral.
‘Welsh Assembly Government’ (the Scotland Act 1998 23 Cabinet Office (2010) Ministerial Code, paragraph 2.5.
and the Government of Wales Act 2006). These two 24 See: Privy Counsellor Review Committee (2003) Anti
organisations have made clear their preference to be terrorism, Crime and Security Act 2001 Review: Report
known by these titles. The Government is legislating (HC381). London: The Stationery Office.
in the Scotland Bill to change the statutory title for
the Scottish Executive to the Scottish Government. It 25 See: Report of a Committee of Privy Counsellors
is examining whether a suitable legislative vehicle can (2004) Review of Intelligence on Weapons of Mass
be found to change the statutory title for the Welsh Destruction (HC898). London: The Stationery Office.
Assembly Government to the Welsh Government. 26 Act of Settlement 1700, s.3.
7 Ministry of Defence (2011) Manual of Service Law, 27 For more information on Church of England measures,
Chapter 18, paragraph 8. see: House of Commons Information Office (2010)
8 For more information see: Directgov, ‘The honours Church of England Measures, Factsheet L10 and the
process explained’: Church of England Assembly (Powers) Act 1919.
www.direct.gov.uk/en/Governmentcitizensandrights/ 28 Bishoprics Act 1878, s.5.
UKgovernment/Honoursawardsandmedals/ 29 The Irish Church Act 1869 came into force in 1871.
DG_067909. There were two Acts disestablishing the Church in
9 They are Antigua and Barbuda, Australia, the Wales: the Welsh Church Act 1914 and the Welsh
Bahamas, Barbados, Belize, Canada, Grenada, Church (Temporalities) Act 1919, both of which came
Jamaica, New Zealand, Papua New Guinea, the into force in 1920.
Solomon Islands, St Christopher and Nevis, St Lucia,
St Vincent and the Grenadines, and Tuvalu.
10 The Commonwealth (1949) London Declaration.
11 Ministry of Justice (2011) Background Briefing on the
Crown Dependencies: Jersey, Guernsey and the Isle
of Man.
12 They are Anguilla, Bermuda, British Antarctic Territory,
the British Indian Ocean Territory, the British Virgin
Islands, the Cayman Islands, the Falkland Islands,
Gibraltar, Montserrat, the Pitcairn Group of Islands,
St Helena, Ascension Island and Tristan da Cunha,
South Georgia and the South Sandwich Islands, the
Sovereign Base Areas of Akrotiri and Dhekelia on
Cyprus, and Turks and Caicos Islands.
13 For more information on the Royal Prerogative,
see: House of Commons Library (2009) The Royal
Prerogative, Standard Note SN/PC/03861.
14 Act of Settlement 1700.
15 Act of Union 1707.
16 The modern practice is to take the oath at the
first State Opening of Parliament of the new reign.
Her Majesty the Queen took the oath on
4 November 1952.
17 Accession Declaration Act 1910.
11
Chapter Two
13
The Cabinet Manual
resign if it becomes clear that it is unlikely • formal inter-party agreement, for example
to be able to command that confidence the Liberal–Labour pact from 1977 to 1978;
and there is a clear alternative. or
2.13 Where a range of different administrations • formal coalition government, which generally
could potentially be formed, political consists of ministers from more than one
parties may wish to hold discussions to political party, and typically commands a
establish who is best able to command majority in the House of Commons.15
the confidence of the House of Commons
and should form the next government. The Change of Prime Minister or government
Sovereign would not expect to become during a Parliament
involved in any negotiations, although there
are responsibilities on those involved in 2.18 Where a Prime Minister chooses to resign
the process to keep the Palace informed. from his or her individual position at a
This could be done by political parties or time when his or her administration has an
the Cabinet Secretary. The Principal Private overall majority in the House of Commons,
Secretary to the Prime Minister may also it is for the party or parties in government
have a role, for example, in communicating to identify who can be chosen as the
with the Palace. successor.16
2.14 If the leaders of the political parties 2.19 Under the Fixed-term Parliaments Act
involved in any negotiations seek the 2011, if a government is defeated on a
support of the Civil Service, this support motion that ‘this House has no confidence
may only be organised by the Cabinet in Her Majesty’s Government’, there is
Secretary with the authorisation of the then a 14-day period during which an
Prime Minister. If the Prime Minister alternative government can be formed
authorises any support it would be focused from the House of Commons as presently
and provided on an equal basis to all the constituted, or the incumbent government
parties involved, including the party that can seek to regain the confidence of the
was currently in government. The Civil House.17 If no government can secure the
Service would continue to advise the confidence of the House of Commons
incumbent government in the usual way. during that period, through the approval of
a motion that ‘this House has confidence
2.15 Following the election in May 2010, the in Her Majesty’s Government’, a general
Prime Minister authorised the Civil Service election will take place. Other decisions
to provide such support to negotiations of the House of Commons which have
between political parties.14 previously been regarded as expressing ‘no
2.16 As long as there is significant doubt confidence’ in the government no longer
following an election over the enable or require the Prime Minister to hold
Government’s ability to command the a general election. The Prime Minister is
confidence of the House of Commons, expected to resign where it is clear that he
certain restrictions on government activity or she does not have the confidence of the
apply; see paragraphs 2.27–2.34. House of Commons and that an alternative
government does have the confidence.
2.17 The nature of the government formed will
be dependent on discussions between 2.20 Where a range of different administrations
political parties and any resulting could be formed, discussions may take
agreement. Where there is no overall place between political parties on who
majority, there are essentially three broad should form the next government. In
types of government that could be formed: these circumstances the processes and
considerations described in paragraphs
• single-party, minority government, where 2.12–2.17 would apply.
the party may (although not necessarily) be
supported by a series of ad hoc agreements
based on common interests;
15
The Cabinet Manual
Pre-election contact with opposition parties period, secured a motion that ‘this
House has confidence in Her Majesty’s
2.21 At an appropriate time towards the end of
Government’. In either of these cases, the
any Parliament, as the next general election
date of the election is set by the Sovereign
approaches, the Prime Minister writes to
by Proclamation on the advice of the Prime
the leaders of the main opposition parties
Minister and dissolution occurs 17 working
to authorise pre-election contacts with
days before the date appointed for the
the Civil Service.18 The meetings take place
election. Proclamations are issued by Her
on a confidential basis, without ministers
Majesty in Council.
being present or receiving a report of
discussions. The Cabinet Secretary has 2.24 Parliament may be prorogued before being
overall responsibility for co-ordinating this dissolved or may just adjourn. It has not
process once a request has been made been modern practice for Parliament to be
and authorised by the Prime Minister. dissolved while sitting. Prorogation brings
These discussions are designed to allow a Parliamentary session to an end. It is the
the Opposition’s shadow ministers to ask Sovereign who prorogues Parliament on the
questions about departmental organisation advice of his or her ministers. The normal
and to inform civil servants of any procedure is for commissioners appointed
organisational changes likely to take place by the Sovereign to prorogue Parliament in
in the event of a change of government. accordance with an Order in Council. The
Senior civil servants may ask questions commissioners also declare Royal Assent
about the implications of opposition to the bills that have passed both Houses,
parties’ policy statements, although they so that they become Acts, and then they
would not normally comment on or give announce the prorogation to both Houses
advice about policies. in the House of Lords.20
2.25 It is not necessary for Parliament to
Dissolution of Parliament have been prorogued in order for it to
2.22 Parliaments dissolve automatically 17 be dissolved. In 1992, 1997, 2005 and
working days before the date of the next 2010 Parliament was dissolved following
election.19 This date will ordinarily be the prorogation, but in 2001 and for all the
first Thursday in May five years after the day elections in the 1970s and 1980s after the
on which the Parliament was elected, unless 1970 election, Parliament was dissolved
an early election is held in accordance while adjourned without a prorogation.
with the provisions of the Fixed-term
Parliaments Act 2011 or the Prime Minister Finalisation of Parliamentary business
has exercised his or her power to defer the
2.26 Where an early general election takes
election by up to two months because of an
place, the date appointed for the poll may
emergency. No further formality is required
enable Parliament to sit for a few days
for dissolution in accordance with the Act,
before dissolution, known as the ‘wash-up’
but a proclamation is required to summon a
period. Dissolution occurs automatically
new Parliament for a specified date.
17 working days before the date appointed
2.23 Early elections may take place in two for the election. Some business may have
circumstances. The first is where two- to be completed before the dissolution.
thirds of the membership of the House of In particular, any money voted to the
Commons agree that it is right that there Government but not appropriated has
should be a general election immediately to be appropriated by the date of the
and pass a motion ‘that there shall be an dissolution21 and, depending on the time
early Parliamentary general election’. The of year, it may be necessary to do other
other circumstance is where a government business to keep government working
has lost a motion that ‘this House has no while Parliament is unavailable because of
confidence in Her Majesty’s Government’ the dissolution.
and no government has, within a 14-day
16
Chapter Two
17
The Cabinet Manual
Other elections
2.34 Some more limited restrictions on
government activity also apply during other
elections: to the European Parliament,
the Devolved Administrations and local
government. The guidance issued by the
Cabinet Office for the May 2011 elections
provides an example.25
18
Chapter Two
Notes
1 Fixed-term Parliaments Act 2011, s.1(3). 14 The Civil Service was authorised to provide: advice
2 Jack M (ed.) (2011) Erskine May’s Treatise on the Law, on the constitutional processes of government
Privileges, Proceedings and Usage of Parliament, 24th formation; factual information in relation to specific
edition. London: LexisNexis Butterworths, p. 146. policy proposals; and facilitation of discussions and
negotiations (including the provision of facilities such
3 Representation of the People Act 1983, Schedule 1, as meeting rooms). Further information on the nature
paragraph 1. of that support can be found at:
4 Select Committee on Modernisation of the House www.cabinetoffice.gov.uk/resource-library/civil
of Commons (2007) Revitalising the Chamber: the service-support-coalition-negotiations.
role of the back bench Member (HC337). London: 15 The Conservative Party and the Liberal Democrat Party
The Stationery Office. coalition, formed in May 2010, is the most recent
5 Jack (ed.) Erskine May, pp. 150–154. example of a UK coalition government. Further detail
6 Ibid., pp. 501–502. of how the coalition operates in practice and the
7 Ibid., pp. 157–162. procedures that apply are set out in the Government’s
Coalition Agreement for Stability and Reform
8 House of Lords, Standing Order 19. (2010), which includes detail on the composition of
9 The minimum majority for a confidence vote is the Government and the application of collective
50% + 1 of those present and voting. responsibility. This, and The Coalition: our programme
10 Rarely, a Prime Minister may resign and then be for government (2010), can be found at:
asked to form a new administration. For example, www.cabinetoffice.gov.uk/news/coalition-documents.
Ramsay MacDonald resigned as Prime Minister of a 16 See note 13.
Labour government and was reappointed as Prime 17 Fixed-term Parliaments Act 2011, s.2(3).
Minister of a National Government in 1931. Winston
Churchill was also asked to form a new Conservative 18 Cabinet Office (2000) Directory of Civil Service
administration following the break-up of the wartime Guidance, Volume 2. London: Cabinet Office, pp.
coalition government in 1945. 18 and 19. For example, pre-election contacts were
authorised from 1 January 2009 for the election
11 William IV dismissed Lord Melbourne’s government held in May 2010. For the election held in June 2005
that had majority support in the House of Commons. (which could have been held as late as July 2006),
12 It has been suggested in evidence to select contacts had been authorised from 1 January 2005.
committees that the incumbent Prime Minister’s 19 Fixed-term Parliaments Act 2011, s.3(1).
responsibility involves a duty to remain in office until
it is clear who should be appointed in their place 20 Jack (ed.) Erskine May, paragraph 145.
(Political and Constitutional Reform Committee 21 Ibid., pp. 742–743.
(2011) Lessons from the process of Government 22 Cabinet Office (May 2011) Elections Guidance,
formation after the 2010 General Election (HC528). paragraph 3.
London: The Stationery Office, paragraphs 16–22). 23 The most recent guidance to government departments
Whether the responsibilities of the Prime Minister in issued in relation to a general election is Cabinet
these circumstances amount to a duty and how far Office (2010) Elections Guidance.
they extend has been questioned, and the House
of Lords Constitution Committee concluded that an 24 In some previous elections this has been done through
incumbent Prime Minister has no duty to remain in an Election Business Committee.
office following an inconclusive general election until 25 Cabinet Office (2011) Elections Guidance.
it is clear what form any alternative government might
take. (House of Lords Constitution Committee (2011)
12th Report: The Cabinet Manual (HL107). London:
The Stationery Office, paragraph 61).
13 Margaret Thatcher’s resignation statement on
22 November 1990 said that she had informed Her
Majesty the Queen that she did not intend to contest
the second ballot of the election for leadership of the
Conservative Party and gave notice of her intention to
resign as Prime Minister as soon as a new leader had
been elected. She formally tendered her resignation
on 28 November 1990. On 10 May 2007 Tony Blair
announced his intention to resign once a new leader
of the Labour Party had been elected. He formally
tendered his resignation on 27 June 2007. Following
the 2010 general election, which took place on 6 May,
Gordon Brown resigned on 11 May, by when it was
clear that David Cameron should be asked to form
a government.
19
Chapter Three
21
The Cabinet Manual
3.6 The Prime Minister has held the office of 3.10 Other ministers who are often invited by
Minister for the Civil Service since that office the Prime Minister to be a member of, or
was created in 1968, in which capacity attend, Cabinet include the Lord President
he or she has overall responsibility for the of the Council, the Lord Privy Seal, the
management of most of the Civil Service Chancellor of the Duchy of Lancaster, the
(see Chapter Seven: Ministers and the Civil Paymaster General, the Chief Secretary
Service).5 The Prime Minister is the minister to the Treasury and the Parliamentary
responsible for National Security and matters Secretary to the Treasury (the Commons
affecting the Secret Intelligence Service, Chief Whip). A minister of state may also
Security Service and GCHQ collectively, in sometimes be invited to be a member of,
addition to which the Home and Foreign or attend, Cabinet.
Secretaries of State and the Secretary of
State for Northern Ireland have powers The Deputy Prime Minister
granted in legislation to authorise specific
operations.6 The Prime Minister is also sworn 3.11 The title of Deputy Prime Minister is
as a member of the Privy Council. sometimes given to a senior minister in
the Government, for example the deputy
leader of the party in government or the
Ministers
leader of the smaller party in a coalition.
3.7 In general, the ministers in the government The role of the Deputy Prime Minister is
can be divided into the following sometimes combined with other roles, but
categories: senior ministers; junior ministers; responsibilities will vary according to the
the Law Officers; and whips. The Prime circumstances. For example, in 2010 the role
Minister may agree that a minister in any of of the Deputy Prime Minister was combined
the categories can be known by a ‘courtesy with that of Lord President of the Council,
title’ reflecting the job the minister has with ministerial responsibility for political
been asked to do, for example ‘Minister and constitutional reform. The fact that a
for Europe’. A courtesy title has no legal or person has the title of Deputy Prime Minister
constitutional significance. does not constrain the Sovereign’s power to
appoint a successor to a Prime Minister.
3.8 There is a convention that an individual will
be a minister only if they are a Member of
the House of Commons or the House of The First Secretary of State
Lords, with most being Members of the 3.12 A minister may be appointed First Secretary
House of Commons. However, there are of State to indicate seniority. The appointment
examples of individuals being appointed as may be held with another office. The
a minister in anticipation of their becoming responsibilities of the First Secretary of State
a Member of one of the Houses and of will vary according to the circumstances. For
continuing to hold office for a short period more about the secretaries of state, see
after ceasing to be Members of the House paragraphs 3.26–3.28.
of Commons.7
Junior ministers
Senior ministers
3.13 Junior ministers are generally ministers of
3.9 The most senior ministers in the Government state, Parliamentary under secretaries of
are the members of Cabinet. The Prime state and Parliamentary secretaries. Typically
Minister determines who forms Cabinet, they are ministers within a government
but this will always include the Chancellor department and their function is to support
of the Exchequer, the Lord Chancellor and and assist the senior minister in charge of
the secretaries of state. There are no formal the department. See paragraphs 3.40–3.44
limits on the size of Cabinet, but there are on the Carltona principle, under which junior
limits on the number of ministerial salaries ministers in a department may exercise
that can be paid, and particularly who can statutory functions of the minister in charge
be paid first-tier (Cabinet-level) salaries (see of the department.
paragraph 3.23).
22
Chapter Three
23
The Cabinet Manual
limits and constraints, and its use may be 3.29 Statutory powers conferred on the Treasury
challenged in the courts. Ministers can also are exercisable by the Commissioners of
only spend public money for the purposes the Treasury,18 and may not be exercised
authorised by Parliament (see Chapter Ten: by other ministers. The First Lord of the
government finance and expenditure). Treasury, along with the Chancellor of
Powers may be exercised by civil servants the Exchequer and the Junior Lords of
on behalf of ministers (see paragraphs the Treasury, make up the Commissioners
3.40–3.44). of Her Majesty’s Treasury. However, the
Treasury Commissioners do not meet in
Powers granted by Parliament that capacity. In practice, the Treasury is
headed by the Chancellor of the Exchequer
3.25 Many Acts of Parliament grant powers supported by the Chief Secretary to the
to ministers or place statutory duties on Treasury and other junior Treasury ministers.
ministers.14 Normal practice is that the
powers and duties involved in exercising 3.30 Other powers are conferred on a specific
continuing functions of ministers minister and may only be exercised by that
(particularly those involving financial minister. For example, a number of powers
liabilities extending beyond a given year) in relation to the judiciary are specifically
should be identified in legislation.15 Statute conferred on the Lord Chancellor. While
also provides ministers with emergency statutory powers may be conferred on
powers, in particular that emergency individual ministers, in practice the exercise
regulations could be made by Order in of those powers is normally subject to
Council or by ministers as a last resort collective agreement. Paragraph 4.16 in
where existing legislation is insufficient Chapter Four sets out the circumstances in
to respond in the most effective way.16 which collective agreement applies, and the
exceptions to collective agreement are at
3.26 Most statutory powers and duties are paragraphs 4.23–4.25 of that chapter.
conferred on the Secretary of State; these
may be exercised or complied with by
Inherent or ‘common law’ powers
any one of the secretaries of state.17 This
reflects the doctrine that there is only one 3.31 Ministers’ functions are not limited to those
office of Secretary of State, even though it authorised by statute. A minister may, as an
is the well-established practice to appoint agent of the Crown, exercise any powers
more than one person to carry out the which the Crown may exercise, except
functions of the office. insofar as ministers are precluded from
doing so by statute and subject to the fact
3.27 It is also the well-established practice for
that a minister will only be able to pay for
each secretary of state to be allocated
what he or she does if Parliament votes
responsibility by the Prime Minister for
him or her the money. This is a summary of
a particular department (for example
what is known as the Ram doctrine.19
health, foreign affairs, defence, transport,
education etc.) and, accordingly, for each 3.32 The powers that a minister may exercise
Secretary of State, in practice, to exercise include any of the legal powers of an
only those functions that are within that individual, for example to enter into
department. It is for the Prime Minister to contracts, convey property or make extra-
determine the various departments (see statutory payments. As more of ministers’
paragraphs 3.55–3.59 on machinery of powers have been codified in legislation,
government changes). the extent of inherent powers has been
correspondingly reduced.
3.28 Most secretaries of state are incorporated
as ‘corporations sole’. This gives the
minister a separate legal personality. This is
administratively convenient, for example as
regards the ownership of property, because
it facilitates continuity when the office
holder changes.
24
Chapter Three
3.42 Although decisions are treated as decisions justice and protect the integrity of public
of the minister, the Carltona principle can life. They are expected to observe the
be regarded as providing an exception, Seven Principles of Public Life: selflessness,
in practice, to the rule that a statutory integrity, objectivity, accountability,
function conferred on a particular person openness, honesty and leadership.27
cannot in general be delegated to another
3.47 On leaving office, former ministers must
person without express or implied statutory
seek advice from the independent Advisory
authority.
Committee on Business Appointments about
3.43 The Carltona principle does not apply any appointments or employment they
where the courts infer an intention on the wish to take up within two years of leaving
part of Parliament that the named minister office. The advice of the Committee is made
should act personally – for example with public when the appointment is taken up or
some quasi-judicial functions. In any case, announced. The Ministerial Code makes it
ministers will require all major decisions to clear that former ministers must abide by the
be referred to them. advice of the Committee. Former ministers
are currently prohibited from lobbying
3.44 Under Part 2 of the Deregulation and
government for two years.28
Contracting Out Act 1994, a minister
may authorise any person (whether
or not a civil servant) to exercise the The structure of government
minister’s functions. The Act applies only Allocation of functions to ministers
to functions that are conferred on the
minister by or under an enactment and 3.48 The Prime Minister is responsible for the
can be exercised by a civil servant in the overall organisation of the Government
minister’s department (for example under and the allocation of functions between
the Carltona principle). Some categories ministers. It is a fundamental part of the
of functions are excluded – for example Prime Minister’s role to ensure that Cabinet
functions that necessarily affect the liberty and the Government are structured in the
of an individual and powers to make most effective way.
subordinate legislation. A minister may
authorise a person to exercise a ministerial Government departments
function only if the function is specified in 3.49 As powers generally rest with the Secretary
an order made under the Act. The exercise of State and departments do not have
of a function by a person authorised under their own legal personality, the structure
the Act is treated for most purposes as the of government departments tends to
exercise of the function by the minister. change to reflect the allocation of functions
3.45 Ministers remain accountable to Parliament to ministers.
for the decisions made under their 3.50 Most government departments are headed
powers.25 by a Secretary of State and will carry out
the functions which the Prime Minister
Ministerial conduct has allocated to that Secretary of State or
3.46 The Ministerial Code, issued by the which are conferred specifically on that
Prime Minister of the day, sets out the Secretary of State by legislation. Other
principles underpinning the standards of ministerial departments are headed by
conduct expected of ministers. Ministers another senior minister (for example the
of the Crown are expected to behave in Chancellor of the Exchequer in the case of
a way that upholds the highest standards the Treasury).
of propriety, including ensuring that 3.51 Government departments generally
no conflict arises or appears to arise, have one or more junior ministers who
between their public duties and their are usually allocated specific areas of
private interests.26 Ministers are under responsibility within which they carry out
an overarching duty to comply with the functions in the name of the department’s
law, including international law and treaty senior minister. The roles of junior ministers
obligations, uphold the administration of
26
Chapter Three
may be set by the Prime Minister when • within the field of ministerial responsibility
they are appointed (for example as the of one minister, when the change is likely
‘Minister for Trade and Investment’), or to be politically sensitive or to raise wider
functions may be allocated by a Secretary issues of policy or organisation; or
of State to the junior ministers within his
• between junior ministers within a
or her department.
department, when a change in ministerial
titles is involved.32
Arm’s-length bodies
3.56 The Prime Minister’s approval should also
3.52 Arm’s-length bodies are public bodies be sought for proposals to allocate new
established to carry out specific central functions to a particular minister where the
government functions at arm’s length from function does not fall wholly within the field
ministers. There are three main types of of responsibilities of one minister, or where
arm’s-length body:29 there is a disagreement about who should
• Non-ministerial departments (NMDs) are be responsible. In addition, a ministerial
central government departments staffed head of department’s proposal for the
by civil servants. NMDs have a board and assignment of duties to junior ministers,
ministers do not have direct control over together with any proposed courtesy titles
them. Instead they have a sponsoring descriptive of their duties should be agreed
minister, who typically appoints the board. in writing with the Prime Minister. The
establishment of an NMD is considered
• Executive agencies are well-defined a machinery of government change.
units with a focus on delivering specific
outcomes. They are part of a department 3.57 A transfer of functions order (an Order in
and are staffed by civil servants. Council under the Ministers of the Crown
Act 1975) is likely to be needed for major
• Non-departmental public bodies are bodies changes involving ministerial departments.
that have a role in the processes of national In some cases, usually where there is a
government, but are not government transfer of statutory functions to or from
departments or part of one, and operate a specific departmental minister such as
to a greater or lesser extent at arm’s length the Lord Chancellor, it will not be possible
from ministers. They are usually set up as to implement the change until the order is
separate legal entities, such as statutory made. Where the change is a reallocation
bodies, and employ their own staff, who between secretaries of state of functions
are not civil servants. expressed to be exercisable by ‘the Secretary
3.53 The role and responsibilities of ministers in of State’, it will usually be possible to
relation to individual arm’s-length bodies are implement the change in advance of the
usually set out in framework documents.30 order being made. Primary legislation may
be needed for machinery of government
3.54 Existing arm’s-length bodies are regularly
changes extending beyond a ministerial
reviewed and proposals for new arm’s
department. The Office of the Parliamentary
length bodies must be approved by the
Counsel is responsible for drafting transfer of
Cabinet Office.
functions orders.
Machinery of government changes 3.58 The Cabinet Secretary is responsible for
advising the Prime Minister on machinery of
3.55 The Prime Minister has responsibility for government issues. Departments involved
machinery of government changes.31 in machinery of government changes, or
The Prime Minister’s written approval must considering proposing such changes to the
be sought where it is proposed by ministers Prime Minister, should consult the Cabinet
to transfer functions: Secretariat for advice.
• between ministers in charge of
departments, unless the changes are minor
and can be made administratively and do
not justify public announcement;
27
The Cabinet Manual
28
Chapter Three
Notes
1 Prime Ministers in previous centuries have sat in the 19 The Ram doctrine is set out in a memorandum dated 2
House of Lords, for example the Marquess of Salisbury November 1945 from Granville Ram, Ministers of the
who was a member of the House of Lords and was Crown (Transfer of Functions).
Prime Minister for periods in the late 19th century and 20 ‘The King hath no prerogative, but that which the law
early 20th century. of the land allows him’; see: the Case of Proclamations
2 Promissory Oaths Act 1868, s.5. [1610] EWHC KB J22, 77 ER 1352.
3 For example, under the Coalition Agreement for 21 British Broadcasting Corporation v Johns [1965]
Stability and Reform (2010) the Prime Minister agreed Ch 32 (CA).
that a number of prerogative powers, including the 22 R v Secretary of State for the Home Department, ex
appointment of ministers and ministerial functions parte Northumbria Police Authority [1989] QB 26 (CA).
allocation, would only be exercised after consultation
with the Deputy Prime Minister. 23 For example, the Bill of Rights 1689 put beyond doubt
that there was no prerogative power to levy taxes.
4 Cabinet Office (2010) Ministerial Code, paragraph 4.1.
24 Carltona Ltd v Commissioners of Works [1943] 2
5 Constitutional Reform and Governance Act 2010, s.3. All ER 560 (CA).
6 Security Service Act 1989; Regulation of Investigatory 25 Cabinet Office, Ministerial Code, paragraph 1.2(b). An
Powers Act 2000; Intelligence Services Act 1994; earlier version of the Code, expressing substantially
further information is available at: the same principles, was endorsed by a Resolution of
www.sis.gov.uk/about-us/sis-in-government.html. the House of Commons of 19 March 1997 CHC Deb
7 Patrick Gordon Walker was appointed as Foreign 292 cols. 1046–1047.
Secretary in October 1964 after losing his 26 Cabinet Offfice, Ministerial Code, paragraphs 1.1–1.2.
Parliamentary seat in the general election. He resigned
in January 1965 after being defeated in the Leyton 27 Ibid., Annex A.
by-election. Before devolution, the Solicitor General 28 Ibid., paragraph 7.25.
for Scotland was often not a Member of the House 29 For guidance on establishing, managing, reviewing
of Commons or the House of Lords. and abolishing arm’s-length bodies, see:
8 For more information on whips, see: House of www.cabinetoffice.gov.uk/content/public-bodies-and
Commons Library (2008) The Whip’s Office, Standard appointments.
Note SN/PC/02829. 30 Guidance on framework documents is published in
9 Promissory Oaths Act 1868, s.5. HM Treasury Managing Public Money (2007), Chapter
10 Cabinet Office, Ministerial Code, paragraph 3.6. 7, Section 7.7.
11 Ibid., paragraph 3.9. 31 Cabinet Office (2010) Machinery of Government
Changes, p. 3.
12 Ministerial and Other Salaries Act 1975, Schedule 1.
32 Cabinet Office, Ministerial Code, paragraph 4.3.
13 House of Commons Disqualification Act 1975,
Schedule 2.
14 Examples of provisions imposing duties on a minister
are sections 5 and 6 of the Constitutional Reform and
Governance Act 2010, which require the Minister for
the Civil Service to publish codes of conduct for the
Civil Service and Diplomatic Service, and section 7
of that Act, which imposes requirements as to their
content. An example of a provision conferring a power
on a minister is section 19 of the Companies Act
2006, which gives the Secretary of State power to
prescribe model articles of association for companies.
15 HM Treasury (2011) Managing Public Money, Annex
2.1; Public Accounts Committee Concordat 1932.
16 Civil Contingencies Act 2004, ss.19–31.
17 ‘Secretary of State’ is defined in Schedule 1 to the
Interpretation Act 1978 as meaning ‘one of Her
Majesty’s Principal Secretaries of State’ (unless a
contrary intention appears).
18 ‘The Treasury’ is defined in Schedule 1 to
the Interpretation Act 1978 as meaning ‘the
Commissioners of Her Majesty’s Treasury’.
29
Chapter Four
Principles of collective Cabinet government 4.4 The Ministerial Code states: ‘The principle
of collective responsibility, save where it is
4.1 Cabinet is the ultimate decision-making
explicitly set aside, requires that Ministers
body of government. The purpose of
should be able to express their views
Cabinet and its committees is to provide
frankly in the expectation that they can
a framework for ministers to consider and
argue freely in private while maintaining
make collective decisions on policy issues.
a united front when decisions have been
Cabinet and its committees are established
reached. This in turn requires that the
by convention but it is a matter for the
privacy of opinions expressed in Cabinet
incumbent government to determine
and ministerial committees, including in
the specific arrangements for collective
correspondence, should be maintained.’3
decision-making.
Chapter Eleven, paragraphs 11.18–11.20
4.2 The Cabinet system of government is based provide more detail on the confidentiality
on the principle of collective responsibility.1 of Cabinet papers and minutes and the
All government ministers are bound by application of the Freedom of Information
the collective decisions of Cabinet, save Act 2000.
where it is explicitly set aside,2 and carry
joint responsibility for all the Government’s Cabinet
policies and decisions.
4.5 Cabinet is chaired by the Prime Minister,
4.3 In practice, this means that a decision of who also determines its membership.4 It
Cabinet or one of its committees is binding will usually comprise senior ministers (see
on all members of the Government, Chapter Three, paragraphs 3.9 and 3.10
regardless of whether they were present on those ministers who are likely to be
when the decision was taken or their members of Cabinet). The Prime Minister
personal views. Before a decision is made, may arrange for other ministers to attend
ministers are given the opportunity to Cabinet, either on a regular basis or for
debate the issue, with a view to reaching particular business (for example, the
an agreed position. It is for the Prime Attorney General to give legal advice). All
Minister, as chair of Cabinet, or the members of Cabinet as Privy Counsellors
relevant Cabinet committee chair to are bound by the Privy Council Oath.5 The
summarise what the collective decision is, full list of Cabinet Members is available on
and this is recorded in the minutes by the the Cabinet Office website.6
Cabinet Secretariat.
31
The Cabinet Manual
32
Chapter Four
33
The Cabinet Manual
34
Chapter Four
for collective agreement.23 Where the 4.37 Where a minister is unable to attend a
department proposing the policy and Cabinet committee, with the consent
the Treasury cannot agree in advance, of the chair, he or she may nominate a
any proposal for collective ministerial junior minister to attend instead. This will
consideration should record the Treasury’s normally be another minister from the
position in terms which are acceptable same department.27 However, attendance
to them. Policy proposals with public at Cabinet meetings cannot be delegated.
expenditure implications will not be agreed Delegation may also not be allowed for
unless Treasury ministers are content. If certain Cabinet committee meetings, as
necessary, issues can be referred to the determined by the Prime Minister.
Prime Minister or, if he or she so decides,
4.38 Where the Prime Minister is unable to
to Cabinet for a decision.
attend Cabinet, the next most senior
4.33 Usually where critical decisions have legal minister should take the chair (following
implications they are considered after the order of precedence as determined by
discussions with the Law Officers.24 This the Prime Minister). The same principle is
includes issues that have the potential to adopted for Cabinet committees if the chair
lead to legal challenge or that might impact and any deputy chair are absent.
on the handling of government litigation.
Attendance of officials
Minutes 4.39 Attendance of officials (other than from the
4.34 Minutes are taken for each Cabinet and Cabinet Secretariat) at Cabinet and Cabinet
Cabinet committee meeting, forming part committee meetings is kept to a minimum
of the historic record of government. They in order to allow ministers to have a free
record the main points made in discussion and frank discussion of the issues.
and the Cabinet or Cabinet committee 4.40 There is a standing invitation for a member
conclusions as summed up by the chair. of the Prime Minister’s office to attend any
To help preserve the principle of collective Cabinet committee meeting, and the chair
responsibility, most contributions by may be accompanied by a private secretary.
ministers are unattributed. However, points This invitation also currently extends to the
made by the minister introducing the item Deputy Prime Minister’s office.
and the chair’s summing-up are generally
attributed. 4.41 Where necessary, other officials may
be invited to attend Cabinet committee
4.35 It is the responsibility of the Cabinet meetings as set out in the terms of
Secretariat to write and circulate the reference. Restrictions are in place regarding
minutes to members of Cabinet or the the attendance of other officials, and the
relevant Cabinet committee. This should Cabinet Secretariat must be consulted in
be done within 24 hours of the meeting. advance should officials need to attend.
Minutes are not cleared with the chair
of Cabinet or the Cabinet committee in Quorum
advance of circulation. If a minister has a
factual correction to make, the Cabinet 4.42 There is no set quorum for Cabinet and
Secretariat should be informed within Cabinet committee meetings. The decision
24 hours of circulation of the minutes.25 to proceed with a meeting is made by the
chair of the Cabinet committee, on the
advice of the Cabinet Secretariat.
Attendance of ministers
4.36 The Ministerial Code states that Cabinet Implementation of decisions
and Cabinet committee meetings take
precedence over all other ministerial 4.43 Ministers are responsible for ensuring that
business apart from the Privy Council, their departments take whatever action is
although it is understood that ministers necessary to implement decisions made by
may sometimes have to be absent for Cabinet or Cabinet committees, and for
reasons of Parliamentary business.26 reporting back to colleagues on progress
if needed.
35
The Cabinet Manual
36
Chapter Four
Notes
1 Cabinet Office (2010) Ministerial Code, paragraph 2.3. 21 Ibid., pp. 18–19.
37
Chapter Five
The House of Commons and the House has not been passed by the House of Lords.
of Lords The final decision on what constitutes a
Money Bill is made by the Speaker of the
5.1 Members of the House of Commons are House of Commons, in accordance with
directly elected by universal suffrage of the the provision of the Parliament Act 1911.2
adult population. Most Members of the The financial powers of the House of Lords
House of Lords are appointed for life by are also limited by the financial privilege
the Sovereign, on the advice of the Prime of the House of Commons. The role of
Minister. In addition, 92 hereditary peers the House of Lords in relation to taxation
are Members of the House (15 office and expenditure is to agree, not to initiate
holders elected by the whole House, 75 or amend. However, until the House of
Members elected by their party or group Commons invokes its financial privileges in
within the House, and the holders of the respect of a particular piece of legislation,
offices of Lord Great Chamberlain and the House of Lords is free to act as it thinks
Earl Marshal). The two archbishops, and fit (unless an amendment is a prima facie
24 bishops, of the Church of England are material and intolerable infringement
also Members. of privilege).3
5.2 The House of Commons has primacy over 5.4 Under the Parliament Acts, if the House of
the House of Lords. It is the democratically Lords rejects any bill passed by the House
elected institution of the United Kingdom of Commons (other than a Money Bill or a
and the Government derives its democratic bill containing any provision to extend the
mandate from its command of the maximum duration of Parliament beyond
confidence of the Commons. The two five years) and the House of Commons
Houses of Parliament acknowledge various passes an identical bill in the following
conventions governing the relationship session of Parliament and sends it to the
between them, including in relation to House of Lords more than one month
primacy of the House of Commons, before the end of that session, then it
financial privilege and the operation of receives Royal Assent without being passed
the Salisbury-Addison convention.1 by the House of Lords, unless the House
5.3 The House of Commons claims ancient of Commons directs to the contrary. For
rights and privileges over the House of the purposes of the Acts, a bill is deemed
Lords in financial matters and, under the to be rejected by the House of Lords if it
Parliament Acts 1911 and 1949, a Money is not passed by that House either without
Bill which has been passed by the House of amendment or with such amendments
Commons receives Royal Assent even if it only as may be agreed by both Houses.
39
The Cabinet Manual
One year must elapse between the second relevant legislation, including the Freedom
reading of the bill in the first session of Information Act 2000.
and the bill being passed by the House
• Ministers should require civil servants
of Commons in the second session. The
who give evidence before Parliamentary
bill must be passed the second time in
committees on their behalf and under
an identical form to the one in which
their direction to be as helpful as possible
it was passed the first time, containing
in providing accurate, truthful and full
only such amendments that represent
information in accordance with the duties
any amendments which have been made
and responsibilities of civil servants as set
by the House of Lords in the former bill
out in the Civil Service Code.
in the preceding session, or which are
essential to allow for the passage of time.
The House of Commons may suggest Government business
further amendments to the House of Lords 5.7 Government business takes precedence at
which, if the House of Lords agrees to most sittings of the House of Commons,
them, are treated as if they were House of with the exception of 60 days in each
Lords amendments to which the House of session which are allocated for opposition
Commons had agreed.4 business, backbench business and Private
5.5 Only the House of Commons can trigger Members’ Bills.7 The subjects of debates in
an early general election by either passing Westminster Hall are usually determined
a motion for an early general election, by backbenchers through a ballot system,
with the support of at least two-thirds of and through the Liaison Committee8 and
all MPs, or where there has been a vote of the Backbench Business Committee.9
no confidence in the Government and 14 This means that, in an average year, the
days have elapsed without the House of Government has the equivalent of around
Commons passing a motion of confidence 100 days at its disposal in the House
in the Government. The form for such of Commons.
motions is set out in the Fixed-term 5.8 In the House of Lords, the Government
Parliaments Act 2011.5 See Chapter Two for Chief Whip is responsible for the detailed
more on confidence. arrangement of government business
and the business of individual sittings.
Core principles Government business is arranged by the
Government Chief Whip through the
5.6 In all their dealings with Parliament,
‘usual channels’.10
ministers should be governed by the
following principles as set out in the 5.9 The Leader of the House of Commons
Ministerial Code:6 and the Leader of the House of Lords are
government ministers. They work closely
• Ministers have a duty to Parliament to
with the Government Chief Whip in each
account, and to be held to account, for
House to plan the Government’s business.
the policies, decisions and actions of their
The Leader of the House of Lords has a
departments and agencies.
responsibility to support the business of
• It is of paramount importance that ministers the House, and on occasion to make time
give accurate and truthful information to available and to move the necessary motions
Parliament, correcting any inadvertent for the House to dispose of certain internal
error at the earliest opportunity. Ministers or domestic business, even though it is not
who knowingly mislead Parliament will be government business.11
expected to offer their resignation to the
5.10 The House of Commons Backbench
Prime Minister.
Business Committee now has responsibility
• Ministers should be as open as possible for scheduling some of the House’s
with Parliament and the public, refusing to domestic business that was, before the
provide information only when disclosure 2010 Parliament, the responsibility of the
would not be in the public interest, which Leader of the House of Commons. The
should be decided in accordance with Commons Leader is also an ex-officio
40
Chapter Five
41
The Cabinet Manual
5.19 Following a State Opening, the Commons, bills are more usually committed
Government’s legislative programme is then to a public bill committee, which consists
debated by both Houses, usually for four or of a number of members specifically
five days. In the debates, ministers explain nominated to it and meets in a committee
and defend the proposed legislation of the room away from the Chamber, whereas
Government. Topics for debate on each day in the House of Lords bills are normally
are agreed by the usual channels.20 considered by a committee of the whole
House (which meets in the Chamber) or
Passage of legislation a grand committee, which any peer may
attend. However, bills with significant
5.20 Every government bill goes through constitutional implications are in the House
the following stages in each House.21 of Commons, by convention, taken in a
It is presented and read a first time; committee of the whole House rather than
this is a formality which enables the bill in a public bill committee. The House of
to be published. The first substantive Lords also allows significant amendments
proceeding is the second reading, which is to be tabled at third reading, whereas the
a debate on the principles of the bill. The House of Commons does not.
debate is opened by a minister (normally
the Secretary of State in the House of 5.23 The Government has made commitments
Commons). In the House of Commons the to Parliament about the supporting material
closing speech is usually given by another which is to be provided in relation to each
minister but the same minister frequently bill, much of which is contained in the
closes the debate in the House of Lords. Explanatory Notes of the Cabinet Office
Guide to Making Legislation.23
5.21 In the House of Commons, the committee
stage of the bill is then usually dealt with
Draft bills, pre-legislative scrutiny and post-
by a public bill committee or sometimes
by a committee of the whole House (see legislative scrutiny
paragraph 5.22). The committee considers 5.24 Ministers should consider publishing bills
each clause of the bill in detail and may in draft for pre-legislative scrutiny, where it
make amendments. Committee stage in the is appropriate to do so.24 Reports from the
House of Commons is usually handled by Commons Liaison Committee and the Lords
a junior minister and the demands on the Constitution Committee have identified
minister’s time can be very significant, with this as good practice.25 Most draft bills are
a public bill committee typically meeting considered either by select committees
four times a week. Bills sent to a public bill in the House of Commons or by a joint
committee in the House of Commons then committee of both Houses. The decision
return to the floor of the House, where they to establish a joint committee is formally
can be further amended on consideration taken by both Houses, on a proposal from
(also known as Report stage). They then the Leader of the House. Whether or
receive a final, third reading before being not a joint committee is established, any
sent to the House of Lords. If either House committee of either House may choose to
amends the bill, then the other House only examine a draft bill. Once a committee has
considers the amendments which were scrutinised and reported on the draft bill,
sent back, not the bill as a whole. This the Government considers the committee’s
process may go through several iterations recommendations and may make alterations
before agreement is reached between the to the bill before it is formally introduced to
two Houses. Parliament. Pre-legislative scrutiny can help
5.22 Although the stages are the same in to improve the quality of legislation and
each House, there are three significant to ensure that Parliament and the public
differences. In the House of Commons, are more involved with and aware of the
proceedings on bills may be timetabled Government’s plans for legislation.
by means of a programme order.22 No 5.25 Once legislation has been passed, the
equivalent procedure is currently used Government has undertaken that ministers
in the House of Lords. In the House of will (subject to some exceptions) publish
42
Chapter Five
a post-legislative scrutiny memorandum, 5.29 Acts can also delegate legislative power to
within three to five years of Royal Assent.26 persons other than ministers. For example,
This includes a preliminary assessment of Finance Acts sometimes delegate powers
how the Act is working in practice, relative to make additional provision about taxation
to its original objectives. The relevant select to the Commissioners for Her Majesty’s
committee of the House of Commons may Revenue and Customs. Other Acts delegate
use the memorandum to decide whether rule-making powers in particular areas, for
or not to carry out a fuller post-legislative example to Ofcom the communications
inquiry. Post-legislative scrutiny may also be regulator, or to committees in relation to
conducted by Lords committees or a joint procedural rules of courts or tribunals.
committee.27
5.30 A power in an Act which enables primary
5.26 Post-legislative scrutiny is in addition to other legislation to be amended or repealed
post-enactment review work, which might by secondary legislation (with or without
include internal policy reviews, but may be further Parliamentary scrutiny) is often
combined with reviews commissioned from described as a ‘Henry VIII power’.
external bodies, or post-implementation Questions as to whether it is appropriate
reviews as part of the Impact Assessment for Parliament to confer particular Henry
process, carried out by the department with VIII powers, and questions as to the
responsibility for the Act.28 Parliamentary procedure appropriate for
instruments made in the exercise of such
Secondary legislation powers, often arise during the passage of a
bill. Such questions are a particular concern
5.27 Many Acts of Parliament delegate to of the House of Lords Delegated Powers
ministers powers to make more detailed and Regulatory Reform Committee and
legal provision. Several thousand Statutory Constitution Committee.31
Instruments – also known as delegated,
or secondary, legislation – are made each
The Budget and financial procedure
year.29 Whether or not a piece of secondary
legislation is subject to any Parliamentary 5.31 The Budget, which sets out the
procedure and, if so, what procedure it is Government’s taxation plans, is delivered
subject to, is determined by the parent Act. by the Chancellor of the Exchequer, usually
in March. Following his or her statement
5.28 Much secondary legislation is made
to the House of Commons, there is a
without being subject to any Parliamentary
four- or five-day debate, ending with votes
proceedings; it is simply approved and
on a series of motions to authorise the
signed by the relevant minister. Under
continuance of income tax and corporation
the negative Parliamentary procedure,
tax, to impose any new taxes and increase
an Instrument is laid before Parliament
the rates of any existing taxes, and to
and does not require active approval but
authorise any changes to tax law.
may be annulled by a Resolution of either
House within 40 days of being laid. These 5.32 These motions, when passed, are known
Instruments are not routinely subject to as the Budget Resolutions. The Resolutions
debate in the House of Commons, but if a determine the scope of the Finance Bill,
debate is granted then a minister will need which is formally introduced as soon as
to reply. In the House of Lords, negative they are passed. The Finance Bill is then
instruments are debated fairly regularly. subject to the normal legislative process
Instruments subject to the affirmative of the House of Commons, although
Parliamentary procedure must be approved, committal is usually split between a public
usually by both Houses, before being bill committee and a committee of the
made. They must therefore be subject to whole House. The House of Lords does not
a debate in each House, although in the amend Finance Bills, but does debate them
House of Commons this usually takes place on second reading, with their subsequent
in a committee.30 The minister will speak in stages being taken formally.32
the debate, whether in committee or on
the floor of the House.
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44
Chapter Five
45
The Cabinet Manual
Notes
1 Report of the Joint Committee on Conventions (2006) 19 Legislation is published in print by Her Majesty’s
Conventions of the UK Parliament (HL265/HC1212). Stationery Office and online at:
London: The Stationery Office. www.legislation.gov.uk.
2 Parliament Act 1911, s.1(2–3). 20 See: Jack (ed.) Erskine May, pp. 157ff.
3 See: Jack M (ed.) (2011) Erskine May’s Treatise on the 21 For a fuller description of the primary legislative
Law, Privileges, Proceedings and Usage of Parliament, process, see: Jack (ed.) Erskine May, Chapters 26–29.
24th edition. London: LexisNexis Butterworths, 22 House of Commons Standing Orders 83A–83I.
Chapter 36; and House of Lords (2010) Companion
to the Standing Orders and Guide to the Proceedings 23 Cabinet Office (2011) Guide to Making Legislation,
of the House of Lords, 22nd edition. London: The s.B. For example, the Government has made a
Stationery Office, paragraphs 8.180 and 8.181. commitment to provide more detailed information on
the human rights aspects of government bills in its
4 Jack (ed.) Erskine May, pp. 648–651. explanatory notes (s.B, paragraph 10.62). Furthermore,
5 Fixed-Term Parliaments Act 2011, s.2(1). it has also made it a requirement for copies of Impact
6 Cabinet Office (2010) Ministerial Code, paragraph 1.2. Assessments to be placed in the House of Commons
An earlier version of the Code, expressing substantially Vote Office as opposed to being deposited in the
the same principles, was endorsed by a Resolution of House of Commons Library (s.B, paragraph 13.7).
the House of Commons of 19 March 1997 (HC Deb 24 Ibid., paragraphs 22.1–22.33.
292 cols 1046–7). 25 Notably in its annual reviews of the work of
7 House of Commons Standing Order 14. committees since 2001.
8 The Liaison Committee considers general matters 26 The undertaking was made in Post-legislative Scrutiny:
relating to the work of select committees; advises the Government’s Approach (Cm 7320). London: The
the House of Commons Commission on select Stationery Office, which sets out further details of
committees; chooses select committee reports for how the process works.
debate in the House; and hears evidence from the 27 Ibid., paragraph 9.
Prime Minister on matters of public policy. The Liaison
Committee is comprised of the chairs of other select 28 Further information on both pre- and post-legislative
committees. For more information on the Liaison scrutiny can be found in Cabinet Office (2011) Guide
Committee, see: to Making Legislation, s.20 and s.40.
www.parliament.uk/business/committees/ 29 The number of Statutory Instruments registered has
committees-archive/liaison-committee. exceeded 1,500 in each year since 1950 and has
9 House of Commons Standing Order 10. exceeded 2,000 in each year since 1984.
10 Companion to the Standing Orders and Guide to the 30 For a fuller description of the Parliamentary procedure
Proceedings of the House of Lords, paragraph 3.30. relating to secondary legislation, see: Jack (ed.) Erskine
May, Chapter 30. Some aspects of the procedure
11 The role of the Leader of the House of Commons is on Statutory Instruments are set out in the Statutory
described in more detail in Jack (ed.) Erskine May, Instruments Act 1946.
p. 50. The role of the Leader of the House of Lords
is described in more detail in the Companion to the 31 House of Lords Delegated Powers and Regulatory
Standing Orders and Guide to the Proceedings of the Reform Committee (2009) Guidance for Departments
House of Lords, pp. 60–66. on the Role and Requirements of the Committee
requires that all Henry VIII powers in bills be clearly
12 For more details, see: Jack (ed.) Erskine May, pp. 352– identified, and a full explanation given where the
368 and 503ff; and the Companion to the Standing proposed Parliamentary procedure is not affirmative.
Orders and Guide to the Proceedings of the House of The Constitution Committee routinely comments on
Lords, pp. 92–104. the use of Henry VIII powers in bills; its findings are
13 For a full list of select committees of both Houses, see: summarised in its annual reports to the House.
www.parliament.uk/business/committees. 32 Companion to the Standing Orders and Guide to the
14 Further guidance about the provision of information Proceedings of the House of Lords, pp. 164–165.
to select committees, known as the Osmotherly Rules, 33 HM Treasury (2011) Managing Public Money, Foreword
can be found in Cabinet Office (2005) Departmental and Chapter 1.
Evidence and Response to Select Committees.
34 Examples before the Iraq debates of 2002 and
15 This principle was reaffirmed by a Resolution of the 2003 include Afghanistan (4 and 8 October 2001);
House of Commons on 20 July 2010 (HC Deb 514 Kosovo (24 March 1999); and the Gulf War (17 and
c 244–288). 21 January 1991).
16 Cabinet Office, Ministerial Code, paragraph 9.5. 35 The full text of the motion is at Hansard, HC cd. 700
17 Jack (ed.) Erskine May, pp. 374–375. (21 March 2011).
18 Companion to the Standing Orders and Guide to the 36 Leader of the House of Commons, Hansard HC
Proceedings of the House of Lords, paragraph 6.34. col. 1066 (10 March 2011).
46
Chapter Five
47
Chapter Six
The Law Officers 6.5 In addition to these roles, the Law Officers
have a number of public interest functions.
6.1 The term ‘the Law Officers’ refers to the
Acting in the public interest, independently
UK Law Officers, who are the Attorney
of government, they may:
General, the Solicitor General and the
Advocate General for Scotland. The • refer unduly lenient sentences to the Court
Attorney General for England and Wales of Appeal;4
is also the ex-officio Advocate General for
• bring contempt of court proceedings;5
Northern Ireland.2
• grant consent for some specific
6.2 The Attorney General is the Chief Law
prosecutions;6
Officer for England and Wales and is the
Chief Legal Adviser to the Crown. The • intervene in certain charity7 and family
Solicitor General is in practice the Attorney law cases;8
General’s deputy and may exercise any • bring proceedings to restrain
function of the Attorney General.3 vexatious litigants;9
6.3 The Advocate General for Scotland is the • appoint advocates to the Court;10 and
principal legal adviser to the Government
on Scots law. Jointly with the Attorney • refer points of law to the Court of Appeal
General, the Advocate General for Scotland after acquittals in criminal cases.11
also advises the Government on legal
issues, including human rights and EU law. Seeking Law Officer advice
6.6 The Law Officers must be consulted by
The role of the Law Officers ministers or their officials in good time
6.4 The core function of the Law Officers is to before the Government is committed
advise on legal matters, helping ministers to critical decisions involving legal
to act lawfully and in accordance with considerations.12 It has normally been
the rule of law. The Attorney General is considered appropriate to consult the Law
also the minister with responsibility for Officers in cases where:
superintending the Crown Prosecution • the legal consequences of action by
Service and the Serious Fraud Office. the Government might have important
repercussions in the foreign, EU or
domestic fields;
49
The Cabinet Manual
6.8 Where advice from the Law Officers is 6.13 In practice, a minister will depend on civil
included in correspondence between servants in the decision-making process,
ministers, or in papers for Cabinet or and those officials will often be key
ministerial committees, the conclusions witnesses in judicial review proceedings.
of the advice may be summarised, if Legally and constitutionally, however,
necessary. But if this is done, the complete the acts of officials are the acts of the
text of the advice should be attached.13 ministers to whom they are accountable,
and the Court will regard the minister as
6.9 The fact that the Law Officers have advised, the person who is ultimately responsible for
or have not advised, and the content of ensuring that a particular decision is made
their advice may not be disclosed outside reasonably, fairly and according to law.
government without their authority.14 The See Chapter Three for more information
Law Officers’ advice to government is on the powers of ministers and the
subject to legal professional privilege (LPP) Carltona principle.
and is confidential.
50
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51
The Cabinet Manual
52
Chapter Six
are compatible but that the Government and the production of documents, and
nevertheless wishes Parliament to proceed provides for the conduct of an inquiry to
with the bill.33 take place in private if necessary.
6.31 Before a bill is introduced or published in 6.35 A non-statutory inquiry may be held
draft, ministers must submit to the Cabinet where, for example, all relevant parties
committee responsible for legislation the have agreed to co-operate, and it may be
ECHR memorandum which sets out the convened and concluded more quickly –
impact, if any, of the bill on the ECHR and perhaps more cheaply. The terms of
rights. The memorandum must be cleared reference will normally be determined
by the Law Officers before it is submitted by the relevant minister in discussion
to the committee, and so should be sent to with officials.
the Law Officers at least two weeks before
6.36 The Prime Minister must be consulted
being circulated to committee members.34
in good time about any proposal to set
up a major public inquiry.36 The relevant
The Treasury Solicitor and the Government Scottish ministers must be consulted about
Legal Service proposals to set up inquiries on matters
6.32 The Treasury Solicitor’s Department is a relating to Scotland which are not reserved
non-ministerial department responsible under the Scotland Act 1998. There are
to the Attorney General. It provides similar requirements relating to Wales and
legal services to more than 180 central Northern Ireland.37 The power to hold
government departments and other an inquiry should be used sparingly and
publicly funded bodies in England consideration given to potential costs.
and Wales.
Relations with the judiciary
6.33 The Treasury Solicitor is the Head of the
Government Legal Service, which joins The Lord Chancellor and the judiciary
together around 2,000 government lawyers
6.37 The principles underpinning the separation
who work across some 30 government
of powers between the Executive and the
organisations. Other organisationally
judiciary are set out in the Constitutional
separate areas of government legal
Reform Act 2005. The Act provides for
provision, such as the Crown Prosecution
a system based on concurrence and
Service, the Foreign and Commonwealth
consultation between the Lord Chancellor
Office and the Office of the Parliamentary
and the Lord Chief Justice, while clarifying
Counsel, maintain close links with the
their respective constitutional roles. The
Government Legal Service, as do the
Lord Chief Justice is head of the judiciary
legal teams supporting the Devolved
in England and Wales, Head of Criminal
Administrations.
Justice and President of the Courts of
England and Wales.38
Public inquiries
6.38 There is a duty to uphold the continued
6.34 The Government has statutory and non independence of the judiciary extending
statutory powers to call inquiries. Statutory to the Lord Chancellor, Ministers of the
public inquiries are governed principally Crown and ‘all with responsibility for matters
by the Inquiries Act 2005. It provides that relating to the judiciary or otherwise to the
a minister may establish an inquiry if it administration of justice’,39 including civil
appears to him or her that particular events servants and members of Parliament. There
have caused or are capable of causing is also a duty not to seek to influence judicial
public concern, or if there is public concern decision-making through special access;
that particular events may have occurred.35 for example, individual cases should not be
The Act provides how the inquiry should be discussed between ministers and judges.
set up and conducted and how its findings
should be reported. It grants powers
compelling the attendance of witnesses
53
The Cabinet Manual
6.39 The Lord Chancellor has special involved in any given case and plays an
responsibility to defend judicial important role in the development of UK
independence and to consider the public civil law and criminal law in England, Wales
interest in respect of matters relating to and Northern Ireland. The Court also hears
the judiciary.40 The Lord Chancellor also cases on devolution matters under the
has a responsibility to ensure that there Scotland Act 1998, the Government of
is an efficient and effective system for Wales Act 2006 and the Northern Ireland
the administration of justice. The Lord Act 1998.
Chancellor is under a general duty to
provide sufficient resources to support
the business of the courts in England
and Wales.
6.40 The Lord Chief Justice may make
written representations to Parliament on
matters which he or she believes are of
importance relating to the judiciary or
the administration of justice. In practice,
dialogue between the judiciary and
ministers occurs through consultation and
regular meetings. Judges may comment
on the practical effect of legislative
proposals insofar as such proposals
affect the operation of the courts or
the administration of justice. However,
principles of judicial independence mean
that the judiciary should not be asked
to comment on the merits of proposed
government policy, and individual judicial
office-holders should not be asked to
comment on matters that may then require
the judge to disqualify him or herself in
subsequent litigation.
54
Chapter Six
Notes
1 Cabinet Office (2010) Ministerial Code, paragraph 1.2. 27 For more details, see:
2 The equivalent offices in the Devolved Administrations www.justice.gov.uk/guidance/freedom-and-rights/
are the Lord Advocate in Scotland, assisted by the freedom-of-information/foi-assumptions-legal.
Solicitor General for Scotland; the Attorney General htm and www.justice.gov.uk/guidance/docs/
for Northern Ireland (the Chief Legal Adviser to the foi-exemption-section42.pdf.
Northern Ireland Executive); and the Counsel General 28 References to ministers in this section also apply
to the Welsh Government (who is the General to former ministers, including those of previous
Counsel to the Welsh Government). governments.
3 Law Officers Act 1997, s.1(1). 29 Human Rights Act 1998, s.6.
4 Criminal Justice Act 1988, ss.35 and 36. 30 Ibid., s.4 and s.8.
5 Contempt of Court Act 1981, s.7. 31 Ibid., s.3.
6 For example, offences under the Explosive Substances 32 Ibid., s.19(1)(A).
Act 1883; the Terrorism Act 2000; Part III of the Public 33 Ibid., s.19(1)(B).
Order Act 1986; the Law Reform (Year and a Day Rule)
Act 1996; and section 128 of the Serious Organised 34 Cabinet Office (2010) Guide to Making Legislation,
Crime and Police Act 2005. paragraph 11.8.
7 The Attorney General has a number of powers in 35 Inquiries Act 2005, s.1.
relation to charity cases arising from his or her role as 36 Cabinet Office, Ministerial Code, paragraph 4.10.
parens patriae. 37 Inquiries Act 2005, s.27.
8 Family Law Act 1986, s.59.
38 The Lord President of the Court of Session is the
9 Senior Courts Act 1981, s.42.
head of the judiciary in Scotland. The Lord President
10 See Memorandum from the Lord Chief Justice and
has authority over any court established under Scots
Attorney General published at paragraph 39.8.1 of the Law. The Lord Chief Justice of Northern Ireland
Civil Procedure Rules. is the head of the judiciary in Northern Ireland.
More information is available at:
11 Criminal Justice Act 1972, s.36. www.judiciary.gov.uk.
12 Cabinet Office (2010) Ministerial Code, paragraph 39 Constitutional Reform Act 2005, s.3(1).
2.10.
40 Ministry of Justice (2011) Her Majesty’s Courts and
13 Ibid., paragraph 2.12. Tribunals Service: Framework Document, s.1.2.
14 Ibid., paragraph 2.13. 41 Constitutional Reform Act 2005, Part III, s.40,
15 Supreme Court Act 1981, s.31; and Part 54 of the Schedule 9.
Civil Procedure Rules.
16 For example, see Home Secretary v Rehman [2001]
3 WLR 877.
17 The exercise of statutory powers conferred on
particular ministers is usually subject to collective
agreement. For more information, see Chapter Three,
paragraph 3.30.
18 These first three grounds of review were referred to as
‘illegality’, ‘procedural impropriety’ and ‘irrationality’
by Lord Diplock in Council of Civil Service Unions v
Minister for the Civil Service [1985] AC 374 at 410.
19 Ibid.
20 Ibid.
21 Human Rights Act 1998, s.1(2).
22 European Communities Act 1972, s.2(1).
23 For example, see R v Secretary of State for the
Environment, ex parte Nottinghamshire CC [1986]
AC 240.
24 For further details on the duty of candour, see:
Treasury Solicitor’s Office (2010) Guidance on
Discharging the Duty of Candour and Disclosure in
Judicial Review Proceedings.
25 Cabinet Office, Ministerial Code, paragraphs
7.16–7.17.
26 For example, see: R v Secretary of State for Transport,
ex parte Factortame Ltd and others [1999] UKHL 44.
55
Chapter Seven
57
The Cabinet Manual
7.5 The Code also makes clear that civil departments there may be more than one
servants must not misuse their official permanent secretary, or a deputy or second
position or information acquired in the permanent secretary to deal with issues of
course of their official duties to further their operational or national significance, such as
private interests or those of others. Where national security. Permanent secretaries are
an actual or perceived conflict of interest responsible to the Cabinet Secretary or the
arises between a civil servant’s official Head of the Civil Service for the effective
duties and responsibilities and their private day-to-day management of the relevant
interests, they must make a declaration department, or the particular issues for
to senior management so that senior which they are responsible (for more
management can determine how best information on the Cabinet Secretary, see
to proceed. Chapter Four, paragraphs 4.53 and 4.54).
7.6 The Code also sets out the procedure 7.10 The permanent secretary is normally the
that civil servants should follow if they accounting officer for their department,
believe that they are being required to with a personal responsibility to report
act in a way that conflicts with the Code, directly to Parliament for the management
or if they have concerns about a possible and organisation of the department. More
breach of the Code.9 This includes raising information on accounting officers can be
the matter with line management, or with found in Chapter Ten: Government finance
departmentally nominated officers who and expenditure.
have been appointed to advise staff on the
Code. It also includes the option to take The role of special advisers
the matter directly to the independent
Civil Service Commissioners. The Public 7.11 Special advisers are employed as temporary
Interest Disclosure Act 1998, which protects civil servants to help ministers on matters
individuals who make certain disclosures of where the work of government and
information in the public interest, may apply. the work of the party, or parties, of
government overlap and where it would be
7.7 The Constitutional Reform and Governance inappropriate for permanent civil servants
Act 2010 provides the statutory framework to become involved. They are an additional
for the Civil Service by providing a power resource for the minister, providing
for the Minister for the Civil Service (the assistance from a standpoint that is more
Prime Minister) to manage the Civil Service, politically committed and politically aware
and making provision for a code of conduct than would be available to a minister from
for civil servants which specifically requires the permanent Civil Service.12 Limits on the
them to carry out their duties in accordance number of special advisers that ministers may
with the core Civil Service values set appoint are set out in the Ministerial Code.13
out above.10 The Act also provides for
recruitment to the Civil Service to be 7.12 The employment of special advisers adds
on merit on the basis of fair and open a political dimension to the advice and
competition, and provides for a statutory assistance available to ministers, while
Civil Service Commission to safeguard and reinforcing the political impartiality of the
oversee the application of this fundamental permanent Civil Service by distinguishing
principle, and to investigate complaints the source of political advice and support.14
under the Civil Service Code.11 7.13 The Code of Conduct for Special Advisers
sets out the kind of work special advisers
7.8 The role of permanent secretaries may do if their minister wants it, and
their relationship with the permanent Civil
7.9 The most senior civil servant in a
Service, including that special advisers must
department is the permanent secretary.
not ask civil servants to do anything that is
Each permanent secretary supports the
inconsistent with their obligations under the
government minister who heads the
Civil Service Code, or exercise any powers
department and who is accountable to
in relation to the management of any part
Parliament for the department’s actions
of the Civil Service (except in relation to
and performance. In a limited number of
58
Chapter Seven
another special adviser), and must not 7.19 Many public appointment processes
authorise the expenditure of public funds are regulated by the independent
or have responsibility for budgets.15 Commissioner for Public Appointments
who is appointed under the Public
Civil servants’ evidence to Parliamentary Appointments Order in Council 2002. The
select committees Commissioner publishes a Code of Practice
setting out the process for making public
7.14 Parliamentary select committees appointments, which are made on merit.18
have a crucial role in ensuring the
full accountability of the Executive to 7.20 Ministers are ultimately responsible for the
Parliament. Ministers are expected to appointments they make and will have
observe the principle that civil servants who involvement in some way in the process.
give evidence before Parliamentary select For example, they may be consulted at the
committees on their behalf and under their planning stage of the appointments process
direction should be as helpful as possible and will approve the skills and experience
in providing accurate, truthful and full needed for the post. They may also be
information in accordance with the duties consulted throughout the process and will
and responsibilities of civil servants as set make the final decision on which candidate
out in the Civil Service Code.16 to appoint.
7.15 Detailed guidance to officials who 7.21 The role of individual public appointees will
may be called upon to give evidence vary but, in general, those appointed to
to Parliamentary select committees the board of a public body have collective
is contained in the Cabinet Office responsibility for the overall performance
memorandum Departmental Evidence and and success of the body in question. Their
Response to Select Committees, commonly role is to provide strategic leadership,
called the Osmotherly Rules (July 2005). direction, support and guidance. The
Cabinet Office provides general guidance
7.16 The memorandum summarises conventions on the role of non-executive board
that have developed in the relationship members.19 The specific responsibilities
between Parliament, in the form of of individual public appointees should
its select committees, and successive be set out in letters of appointment and
governments. Parliament has generally in related documents.
recognised these conventions, but the
memorandum is a government document 7.22 All public appointees are expected to work
and therefore has no Parliamentary to the highest personal and professional
standing or approval. standards. To this end, codes of conduct
are in place for boards of public bodies and
7.17 Public appointments all public appointees. Along with others in
public life, they are expected to follow the
7.18 A public appointment is an appointment to Seven Principles of Public Life: selflessness,
the board of a public body or to an office. integrity, objectivity, accountability,
This includes non-executive appointments openness, honesty and leadership.
to the boards of non-departmental public
bodies and non-ministerial departments as
well as non-executive appointments to the
boards of NHS trusts and other NHS bodies.
Public appointees of this kind are not
employees but office-holders. Most public
appointments are made by ministers.17
For more on Parliamentary scrutiny in
relation to some public appointments,
see Chapter Five.
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Notes
60
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63
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Scotland, Wales and Northern Ireland, as Any other areas not listed in Schedule 5 to
they have been devolved to the respective the Scotland Act are devolved. The Scottish
legislatures and administrations: Government’s powers largely follow the
legislative competence of the Scottish
• health and social care;
Parliament. This means that, where an area
• education and training; is devolved, the Scottish ministers will also
• local government; exercise functions in that area.
8.12 Unlike the Scottish and Northern Ireland Relations with the Devolved
settlements, the Welsh settlement operates Administrations
on a ‘transfer’ model, whereby those areas
not specifically transferred to the Assembly 8.17 Relations between the Government and the
under Schedule 7 to the 2006 Act remain Devolved Administrations are underpinned
the responsibility of the Government by a Memorandum of Understanding
and Parliament. between the four administrations,
which is supported by Devolution
Guidance Notes that set out advice on
Northern Ireland
working-level arrangements.8 These are
8.13 The 1998 Belfast Multi-Party Agreement not legally binding, but are designed to
and Northern Ireland Act 1998 form the set out principles to which all officials
basis of the constitutional structure in can adhere. Many departments also have
Northern Ireland. The Northern Ireland bilateral concordats with the Devolved
Assembly is composed of 108 members Administrations, dealing with areas of
elected by single transferable vote on the shared interest and setting out a framework
basis of multi-member constituencies. for co-operation.9
8.14 The Northern Ireland Executive is an 8.18 The foundation of the relationship between
inclusive power-sharing Executive chaired the Government and the Devolved
by a First and deputy First Minister who Administrations is mutual respect and
hold office jointly. It has 11 departmental recognition of the responsibilities set out
ministers, 10 of whom are selected in the devolution settlements.
according to their party strengths in
8.19 The Secretaries of State for Scotland, Wales
the Assembly by the d’Hondt process.
and Northern Ireland represent the interests
The appointment of the Minister for
of Scotland, Wales and Northern Ireland
Justice takes place on the basis of
in the Government, and promote the
cross-community support.
Government’s objectives in Scotland, Wales
8.15 The Northern Ireland devolution settlement, and Northern Ireland. The Scotland Office,
provided for in the Northern Ireland Act Wales Office and Northern Ireland Office
1998, apportions matters into three manage the day-to-day devolution issues
categories of legislative competence: which arise between the Government
• Excepted matters (listed at Schedule 2 and the Devolved Administrations and are
to the 1998 Act) are those on which the responsible for managing the devolution
Assembly cannot legislate unless the matter settlements. Additionally, the Secretary of
is ancillary to a reserved or transferred State for Northern Ireland has responsibility
matter. These matters therefore generally for matters relating to national security in
remain for Parliament. Northern Ireland.
to attend as appropriate when issues 8.25 Summit meetings of the BIC for heads
relevant to their areas of responsibility of administration (or a nominated
are to be discussed. The JMC has two representative) are held twice a year, and
sub-committees: include relevant ministerial representation
in line with the chosen sectoral theme for
• JMC (Domestic) which deals with domestic
each summit. Each member administration
matters of mutual interest and is currently
is expected to host, and therefore chair,
chaired by the Deputy Prime Minister; and
a summit in turn. The lead government
• JMC (Europe) which discusses EU issues, minister represents the UK’s interests at
including the Government’s priorities for summit meetings, including on key strategic
meetings of the European Council, and decisions for the Council. Other sectoral
which is currently chaired by the Foreign ministerial meetings occur more frequently
Secretary (for more information on the and only involve ministers who are
Devolved Administrations and Europe, responsible for the particular subject.
see Chapter Nine).
8.22 The JMC also oversees a formal mechanism Funding of devolution
for resolving disputes under a protocol to 8.26 Government funding for the Devolved
the Memorandum of Understanding.11 Administrations is normally determined
8.23 There is also a finance ministers’ within spending reviews in accordance with
quadrilateral, which considers financial policies set out in the Statement of Funding
and economic matters, and which takes Policy.15 The Devolved Administrations
place alongside the JMC.12 Additionally, receive their funding largely from a
government ministers regularly interact government block grant, although the
directly with ministers of the Devolved Scottish Parliament may affect the size of
Administrations. Doing so helps to the Scottish block grant by exercising its
ensure good communication with the tax-varying powers. Changes to the level of
Devolved Administrations where the funding for the Devolved Administrations
Government’s activities have some bearing are determined by the Barnett formula,
on their responsibilities or where all four which compares departmental allocations
administrations can benefit from working within government with devolved
together on matters of mutual interest.13 responsibilities and population share
The JMC is supported by a joint secretariat to ensure that comparable changes in
of staff from the Cabinet Office and the public spending are the same per capita.
Devolved Administrations. Additional allocations or reductions in
the budgets of government departments
The British–Irish Council in a spending review will therefore have
8.24 The Devolved Administrations and the Crown further repercussions for the funding of
Dependencies participate in the BIC, along the Devolved Administrations and the
with the governments of the UK and the Exchequer given that funding for the
Republic of Ireland. The BIC was established Devolved Administrations is calculated
under the multi-party agreement reached in addition to what is made available to
in Belfast on Good Friday 1998 in order departments. A Devolved Administration
to ‘promote the harmonious and mutually is free to spend its allocation according
beneficial development of the totality of to its own priorities in devolved areas,
relationships among the people of these as agreed by the relevant devolved
islands’.14 It proceeds by consensus, and all legislature. The Government places no
member administrations are equal partners conditions on expenditure of the Devolved
of the BIC. A Joint Secretariat is currently Administrations.
provided by the UK and Irish governments.
A Standing Secretariat is due to be
established in Edinburgh.
66
Chapter Eight
• Two tier: this is where some local services 8.33 Local authorities may borrow additional
are provided by a county council and others funds for capital expenditure, but not for
by a district council. The county council revenue expenditure. This can be done
provides large-scale services across the without government consent, provided
whole of the county and is responsible for they can afford to service the debt from
the more strategic issues, such as strategic their own resources. They also have the
planning, refuse disposal, libraries and power to raise Council Tax – a local tax on
personal social services. The district council domestic property set by local authorities.
has a more local focus, with responsibility Councils can choose whether to charge
for providing services in its own area, such Council Tax and at what level (subject to
as environmental health, housing and the Government’s reserve powers to cap
refuse collection. excessive increases, which are subject to
Parliamentary approval).18 Local authorities
8.30 Parish and community councils also operate also raise a significant amount through
at the grassroots level in many areas. fees and charges, some of which are set
centrally and others by local authorities
themselves. Most are limited to
cost recovery.
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Notes
68
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71
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minister will seek clearance from the State, usually those with the national lead
relevant Cabinet committee. Although on the subject under discussion. Most
no definitive criteria can be given for members of Cabinet will attend relevant
issues which require collective agreement, meetings of the Council on a regular basis.
clearance is usually required for the UK line
• The Foreign Secretary or Defence Secretary
to take in negotiations (and any significant
represents the UK at ministerial or summit
changes to this line, should a compromise
meetings of the North Atlantic Council,
position emerge in negotiations) and for
which set the future direction of the
the proposed implementation of European
alliance.
legislation.15
• The Foreign Secretary or other FCO
9.5 The Cabinet Secretariat and the FCO
ministers sometimes attend UN Security
provide support for the process. The Prime
Council high-level meetings. Other
Minister’s senior adviser on Europe usually
ministers represent the UK at regular
leads the Cabinet Secretariat’s work in
high-level meetings of a range of UN
relation to Europe and is the G8 and G20
bodies, on various subjects (human rights,
Sherpa. In relation to Europe, legal
environment, development etc.).
co-ordination is provided by Cabinet Office
European legal advisers in the Cabinet • The Chancellor of the Exchequer is the
Office European Law Division. UK litigation UK’s Governor of the European Bank for
before the European Court of Justice is Reconstruction and Development, which
conducted by the EU litigation team in the provides finance for banks, industry and
Law Division. Legal support in relation to businesses where finance cannot be found
other international organisations is provided on similar terms on the open market. He or
by the relevant department. she is also the UK’s Governor of the IMF,
and sits on the International Monetary and
9.6 Relevant departments and the UK
Financial Committee, which acts as the
representative (see paragraph 9.3), if there
ministerial steering committee for the IMF.
is one, are consulted by departments on
the conduct of international business. • The Secretary of State for International
Development is the UK’s Governor of the
Meetings World Bank and represents the UK on the
Development Committee, which is the
9.7 Ministers represent the UK’s position in main ministerial forum for discussing World
negotiations at higher-level meetings of Bank policies. In addition, he or she is the
international organisations. The minister UK’s Governor of each of the Regional
who attends depends on the issues Development Banks.
being discussed.
9.10 The UK also has a number of permanent
9.8 The Prime Minister represents the UK at representatives, supported by missions
the European Council, which is made up or delegations, who are responsible for
of heads of state and government and representing the UK below ministerial level
generally meets quarterly to set the EU’s and who may accompany ministers to
agenda and priorities. He or she also meetings and provide advice as needed.
represents the UK at meetings of the G8 For example, the UK has permanent
and G20 and the biennial Commonwealth representatives for the EU,16 NATO,17 the
Heads of Government Meeting (CHOGM), UN,18 the OECD,19 the OSCE,20 the IMF and
and often attends the UN General the Council of Europe.21
Assembly ‘Ministerial Week’ as the head
of the UK Delegation. 9.11 UK representatives with particular expertise
may also meet to advise an international
9.9 However, more often it is ministers organisation, for example the NATO
with a lead on particular subjects who Military Committee, which consists of
attend meetings and represent the UK in senior military representatives from each
negotiations. In particular: country who collectively act as the North
• The Council of the European Union is Atlantic Council’s military advisers, along
composed of ministers from each Member with the Supreme Allied Commander
72
Chapter Nine
(Europe) and Supreme Allied Command meet its international obligations when it is
(Transformation). a party to a treaty, and Parliament may have
a role in the scrutiny and implementation
9.12 In many cases the UK’s relations with
of a treaty. Treaty making is a prerogative
international organisations involve working
power (see Chapters One and Three),
with the EU. For example, while retaining
which is exercised subject to Part 2 of the
the right to act nationally, the UK often
Constitutional Reform and Governance Act
co-ordinates an agreed position with EU
2010. The Act creates a new Parliamentary
partners in the first instance for many
scrutiny procedure for treaties that are
issues covered in the UN General Assembly
subject to ratification or its equivalent,
and the Economic and Social Council, and
although the statute also provides for
some UN specialised agencies. Agreed
exceptions where the procedure does not
EU Member State positions may be
apply.22 Any necessary legislation should be
represented in negotiations at international
in place before the treaty is ratified.23
organisations by EU institutions, or in
some cases the Member State holding the
rotating presidency of the Council of the EU law
European Union. For example, while the 9.15 The UK is obliged to ensure that its
UK Mission in Geneva represents the UK national laws and measures are compliant
at the WTO, given that trade policy is an with EU law.24 Some provisions of EU law
EU competence, in practice the UK (along may apply directly in the Member States’
with other EU Member States) is usually national law. In the UK, directly applicable
represented by the European Commission and directly effective provisions of EU
on the basis of a mandate from the law are given effect principally through
Member States. The EU institutions may section 2(1) of the European Communities
also lead representation on some areas Act 1972 and through provisions in other
of shared or Member State competence Acts of Parliament. Other provisions of
if the Member State explicitly authorises EU law may need to be implemented in
them to do so, for example where the EU national law. Government departments are
Delegation has specific expertise. responsible for ensuring the full and correct
implementation of these obligations into
Implementation of international decisions national law in their areas.
and law 9.16 If the UK fails to implement its obligations
9.13 Some instruments or decisions agreed by fully, it is liable to face legal proceedings
international organisations are binding on (known as infraction proceedings) brought
Member States. International treaties, EU by the European Commission before the
law, judgments of the European Court Court of Justice of the European Union.25
of Human Rights, NATO decisions and The Court can also impose significant fines
resolutions of the UN Security Council on Member States. The lead department or
(UNSC) are considered below. administration responsible for an infraction
would be expected by the Treasury to
International treaties bear the burden of any fine. The Chief
Secretary to the Treasury would ultimately
9.14 Treaties are legally binding agreements be responsible for deciding on the division
concluded between state parties and/or and allocation of all fines.
international organisations that possess
legal capacity to enter into treaties. Bilateral 9.17 To the extent that financial costs and
treaties involve two states; a larger number penalties imposed on the UK arise from the
of states may be party to multilateral failure of implementation or enforcement
treaties, including those adopted at inter by a Devolved Administration on a matter
governmental conferences. Treaties do not falling within its responsibility, or from a
automatically have force in the domestic law failure of a Devolved Administration to
of the UK. Depending on the nature and meet its share of an EU quota or obligation,
terms of a treaty, domestic legislation may responsibility for meeting these will be
need to be adopted to enable the UK to borne by the Devolved Administration.26
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The Cabinet Manual
Judgments of the European Court of use of armed force, Member States are
Human Rights obliged to respond, but they maintain
the freedom to decide how they will
9.18 Article 46 of the European Convention respond. NATO decisions are taken on the
on Human Rights27 obliges the UK to basis of consensus; there are no decisions
implement judgments made against it by majority.32 Decisions taken represent
by the European Court of Human Rights. collective agreement by all allies. Nations
The implementation of a judgment are able to prevent agreement where a
usually involves the responsible minister policy does not meet their objectives.
or ministers taking both individual and The UK is a founder member of the
general measures. Individual measures are alliance. Almost all UK Armed Forces and
steps required to put the applicant, as far capabilities are assigned to NATO in times
as possible, in the position they would have of crisis.
been in had their rights not been breached;
this may include paying just satisfaction
Other decisions of international organisations
(which can take the form of compensation)
ordered by the Court. General measures are 9.21 There is a range of other bodies and
intended to prevent the breach happening organisations, of which the UK is a
again and to put an end to breaches that member, where decisions influence
still continue; they may include changes to government policy and decision-making but
legislation, rules or administrative practice, are not generally binding33 on members.
depending on the terms of the judgment. For example:
Both individual and general measures must • With a few exceptions (such as on
be completed to the satisfaction of the budgetary matters), the many bodies of
Committee of Ministers of the Council of the UN, including the General Assembly,
Europe, which can take steps against the adopt resolutions which constitute
UK if it decides that a judgment is not recommendations to Member States, rather
being properly implemented. than legally binding obligations. UK practice
is to comply with recommendations
UN Security Council resolutions contained in resolutions it has voted in
9.19 Uniquely among UN bodies, the UNSC favour of, or joined consensus on.
can impose legally binding requirements • The Commonwealth is a voluntary
on members28 through binding resolutions association that is values based34 and works
adopted under Chapter VII of the UN towards the shared goals of democracy
Charter. Chapter VII resolutions can also and development. Decisions are taken by
authorise the use of force, and impose consensus of heads of government at the
mandatory sanctions and other measures. biennial CHOGM, and the Commonwealth
As a permanent member of the UNSC, the Secretariat’s work plan is based on
UK is in a strong position to influence UN mandates agreed by heads of government.
decision-making.29 While the UK is bound Chapter One, paragraph 1.3 sets out more
to act on legally binding UNSC resolutions, information on the Commonwealth and the
Member States are not bound to deploy role of the Sovereign.
troops to peacekeeping missions. Where
necessary, legislation is passed in the UK to • The WTO resolves trade disputes,35 and
give effect to UNSC resolutions.30 where a matter cannot be resolved by
consultation, it is considered by a panel
Decisions of NATO and any findings are then put to the
WTO’s members for endorsement. WTO
9.20 Article 5 of the North Atlantic Treaty31 members are expected to implement the
sets out the agreement on collective panel’s findings quickly, or to offer suitable
defence, based on the indivisibility of allied compensation or a penalty where members
security. In accordance with the Treaty, if continue to breach the findings.
members of the alliance agree collectively
that action is necessary, including the
74
Chapter Nine
• Members of the IMF agree to subject its touches upon devolved responsibilities,
economic and financial policies to the Devolved Administration ministers will
scrutiny of the international community.36 have played a part in developing the
An IMF staff mission normally visits single UK negotiating line. Ministers
member countries once a year to exchange are encouraged to respond positively to
views with the government, central bank requests from Devolved Administrations
and non-government stakeholders. The to attend Council meetings, unless there
IMF mission then submits a report to the is a compelling reason not to do so, which
Executive Board for discussion. The Board’s they should be willing to explain. The
views are subsequently summarised and UK lead minister retains responsibility
transmitted to the country’s authorities. for the negotiations, and in appropriate
A summary of both the mission’s and the cases could agree to the ministers from
Board’s views, as well as the full report the Devolved Administrations speaking
itself, are published with the consent of the for the UK in Council. See Chapter Eight
country concerned. It is for the Government for more information on the Devolved
to determine how to respond to the report. Administrations.
• The OECD provides analytical and policy 9.24 The Government is responsible for defence
advice on a range of economic issues, and international representation of the
including forecasts, fiscal policies, Crown Dependencies.41 They are not
investment, anti-corruption and corporate recognised as states in their own right but
governance. It is for the Government as territories for which the United Kingdom
to determine how to use that advice in is responsible. As such they cannot sign
developing policy, although the OECD international agreements under their own
committees have a peer review37 function aegis but can have the UK’s ratification
which allows other governments to of such instruments extended to them.
question the UK. However, in certain circumstances, the
Crown Dependencies may be authorised
Devolved Administrations, Crown Dependencies to conclude their own international
and Overseas Territories agreements by a process of entrustment.
The Crown Dependencies are not members
9.22 International relations, including with of the EU, receive no EU funding and
the EU and its institutions, is a reserved have a limited relationship with the EU,
matter.38 The Government is therefore which allows for free trade in agricultural
responsible for preparing UK policy products and manufactured goods. Under
positions and for negotiations with other this relationship the Crown Dependencies
Member States. Ministers ensure that the are bound by special rules, such as those
Devolved Administrations are involved relating to customs, quantitative restrictions
in policy developments that touch on and levies, and other import measures in
devolved matters and are consulted respect of agricultural products.42
as necessary, in accordance with the
arrangements set out in the Memorandum 9.25 The UK is generally responsible for the
of Understanding and the concordats.39 defence, security, international relations
The Foreign Secretary is responsible for and overall good government of the
the concordats on the co-ordination of EU Overseas Territories,43 although each
policy issues and international relations. Overseas Territory has its own constitution.
The Overseas Territories are not members
9.23 In relation to the Council of the of the EU, but all other than Gibraltar44
European Union,40 the composition of and the Sovereign Base Areas have a
the UK delegations to, and decisions special association with it, governed by
on UK representation at, meetings is the Overseas Association Decision (OAD).45
determined by the lead government Although Bermuda is associated with the
minister. The role of the ministers EU, it is not covered by the present OAD,
from the Devolved Administrations is having decided to opt out of it. Some
to support and advance the single UK Overseas Territories receive development
negotiating line. When EU business assistance from the EU via the European
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The Cabinet Manual
Parliamentary scrutiny
9.27 Specific arrangements for Parliamentary
scrutiny have been made in relation to EU
legislation. The cornerstones of the process
are Resolutions47 of each House, which set
out the Government’s commitment not to
agree to EU legislation before the scrutiny
process has been completed, unless there
are exceptional reasons for doing so. In
these cases, ministers have to account
for their actions to Parliament. Parliament
is given the opportunity to examine
and express views on proposals for EU
legislation and any other documents held
to fall within the terms of reference of the
scrutiny committees of both Houses.
9.28 The Cabinet Secretariat is responsible for
the maintenance of the Government’s
scrutiny procedures and for deciding,
in consultation with departments,
which documents should be deposited
in Parliament. It is also responsible for
monitoring overall government compliance
with scrutiny requirements. For every
proposal or document submitted for
76
Chapter Nine
Notes
1 For more information, see: 23 Foreign and Commonwealth Office (2004) Treaties
www.thecommonwealth.org. and MOUs: Guidance on Practice and Procedures,
2 For more information, see: pp. 6–7.
www.coe.int/lportal/web/coe-portal. 24 Treaty on the Functioning of the European Union,
3 For more information, see: 2008, Article 288.
www.europa.eu/index_en.htm. 25 Treaty on the Functioning of the European Union,
4 For more information, see: 2008, Articles 258 and 260.
www.g20-g8.com/g8-g20/g8/english/home.18.html. 26 Cabinet Office (2011) Devolution: Memorandum of
5 For more information, see: Understanding and Supplementary Agreements,
www.g20.org/index.aspx. paragraph B4.25.
6 For more information, see: 27 Council of Europe (1950) European Convention on
www.imf.org/external/index.htm. Human Rights, Article 46.
7 For more information, see: 28 United Nations (1945) Charter of the United Nations,
www.nato.int/cps/en/natolive/index.htm. Article 25.
8 For more information, see: 29 Under Article 27 of the UN Charter, all permanent
www.oecd.org/home/0,2987, members of the UNSC have the power of veto (except
en_2649_201185_1_1_1_1_1,00.html. on procedural matters).
9 For more information, see: 30 For example, The United Nations (International
www.osce.org. Tribunal) (Former Yugoslavia) Order 1996, which
enables the UK to co-operate with the International
10 For more information, see: Tribunal in the investigation and prosecution of crimes
www.un.org/en. relating to the former Yugoslavia, implements UNSC
11 For more information, see: Resolution 827 which ‘decides that all States shall
www.worldbank.org. co-operate fully with the International Tribunal and
12 For more information, see: its organs... and that consequently all States shall take
http://web.worldbank.org/WBSITE/EXTERNAL/ any measures necessary under their domestic law to
EXTABOUTUS/0,,contentMDK:20040614 implement the provisions of the present resolution
~menuPK:41699~pagePK:43912~piPK:44037 and the Statute, including the obligation of States to
~theSitePK:29708,00.html. comply with requests for assistance or orders issued
13 For more information, see: by a Trial Chamber.’
www.wto.org. 31 NATO (1949) North Atlantic Treaty, Article 5.
14 International Monetary Fund (1994) Articles of 32 For more information, see:
Agreement. www.nato.int/cps/en/natolive/topics_49178.htm.
15 Cabinet Office (2010) Guide to Cabinet and Cabinet 33 There are a small number of exceptions; for example,
Committees, p. 7. Article 5 of the Convention on the Organisation for
16 For more information, see: Economic Co-operation and Development (1960)
www.ukeu.fco.gov.uk. provides that the OECD can take binding decisions on
behalf of its members, although this relates to issues
17 For more information, see: of governance such as budgets.
www.uknato.fco.gov.uk.
34 More recently CHOGM has agreed the values included
18 For more information, see: in the Declaration of Commonwealth Principles 1971;
www.ukun.fco.gov.uk the Harare Commonwealth Declaration 1991; and the
19 For more information, see: Affirmation of Commonwealth Values and Principles
www.ukoecd.fco.gov.uk. 2009. For more information, see:
20 For more information, see: www.thecommonwealth.org/document/34293/
http://ukinaustria.fco.gov.uk/en/about-us/uk 35468/216908/commonwealth_values_and_
delegation-osce/. principles.htm.
21 For more information, see: 35 For more information on the World Trade Organization’s
www.ukcoe.gov.uk. trade dispute resolution mechanism, see:
www.wto.org/english/thewto_e/whatis_e/tif_e/
22 For example, a treaty covered by section 5 of the
disp1_e.htm.
European Union (Amendment) Act 2008, which
constitutes the amendment of founding treaties. 36 International Monetary Fund, Articles of Agreement,
Subject to Parliamentary approval, these derogations Article IV. For more information, see:
will be amended to reflect the provisions of the www.imf.org/external/np/exr/facts/surv.htm.
EU Act 2011.
77
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78
Chapter Ten
81
The Cabinet Manual
10.8 In the November before the beginning 10.12 Consideration of the Estimates provides
of a financial year (an accounting period the House with an opportunity to debate
of 12 consecutive months, which for select committee reports. Following the
government departments is determined presentation of the Estimates, the Liaison
by Treasury direction and is April to Committee of the House of Commons
March), the House agrees to the Vote (see Chapter Five, note 8) selects one or
on Account. The Vote on Account is a two Estimates which relate to expenditure
form of Supply Estimate, requesting an on areas that have been the subject of a
allocation of money to enable government select committee report; the reports are
to continue spending on existing services then debated on the basis of a motion
for the first few months of the upcoming to approve those Estimates. Once the
financial year until the main Supply selected Estimates have been approved,
Estimates are approved in July, without the remaining Estimates are dealt with
which departments would have little formally, a procedure known as the
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83
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accounting officer is usually the permanent 10.26 The appointed accounting officer signs
secretary. The accounting officer may be the accounts prior to their submission to
called to account in Parliament for the the Comptroller and Auditor General for
stewardship of the resources within the audit certification, their subsequent laying
organisation’s control through appearing before Parliament and publication.
before the Committee of Public Accounts.18
They take personal responsibility for Laying of accounts
the regularity and propriety, value for
money judged for the public sector as a 10.27 The Treasury lays resource accounts
whole, risk management and accounting for departments and pension scheme
accurately for the financial position of accounts before the House of Commons
their organisation. under the authority of the Government
Resources and Accounts Act 2000.20
10.22 Where an accounting officer objects to a
proposed course of action of a minister 10.28 Treasury administrative deadlines require
on grounds of propriety, regularity or departmental resource and pension
value for money relating to proposed scheme accounts to be laid before
expenditure, they are required to seek Parliament before the Parliamentary
a written ministerial direction. summer recess following the financial
year-end on 31 March.
10.23 When a direction is made, it is copied
to the Comptroller and Auditor General Whole of Government Accounts
who will normally draw the matter to
the attention of the Committee of Public 10.29 WGA are full accruals-based accounts21
Accounts. See Chapter Two, paragraphs covering the public sector, prepared in
2.29–2.32 for information regarding use accordance with the FReM and audited
and publication of directions during the by the National Audit Office. WGA
pre-election period, following an election are a consolidation of the accounts of
where there is no overall majority and approximately 1,500 bodies from central
following a vote of no confidence. government, the Devolved Administrations,
the health service, local government and
Government accounts public corporations. Under statute, the
Treasury is required to lay an account
10.24 Central government accounts include before Parliament no later than 31
those for departments, pension December of the following year, although
schemes, executive agencies, executive in practice this may be much earlier.22
non-departmental public bodies
and trading funds. There are also The Government Financial Reporting Manual and
accounts for each NHS body, for each the Financial Reporting Advisory Board
local government body and for the
Devolved Administrations. There are also 10.30 The FReM is the technical accounting
consolidated accounts for the whole guide to the preparation of financial
public sector – Whole of Government statements and complements guidance
Accounts (WGA; see paragraph 10.29). on the handling of public funds published
separately by the relevant authorities.23
10.25 Under the authority of the Government The manual is prepared following
Resources and Accounts Act 2000, the consultation with the Financial Reporting
Treasury issues accounts directions to Advisory Board (FRAB) and is issued by the
most entities requiring the preparation relevant authorities.
of accounts for the relevant year in
compliance with the accounting principles 10.31 The FRAB is an independent body
and disclosure requirements of the fulfilling the statutory role as the ‘group of
relevant version of the Government persons who appear to the Treasury to be
Financial Reporting Manual (FReM) which appropriate to advise on financial reporting
is in force for that year.19 principles and standards’ for government as
required by the Government Resources and
Accounts Act 2000.24
84
Chapter Ten
85
The Cabinet Manual
Notes
1 HM Treasury (2011) Managing Public Money. London: 22 Further information on WGA is accessible at:
The Stationery Office. www.hm-treasury.gov.uk/psr_government_
2 Ibid. accounts.htm.
3 For further information, see HM Treasury ‘History of 23 HM Treasury, the Scottish Government, the Northern
the Treasury’: Ireland Assembly, the Welsh Government, the
www.hm-treasury.gov.uk/about_history.htm. Department of Health, and the Chartered Institute
of Public Finance and Accountancy and the Local
4 House of Commons Information Office (2010) Budgets Authority (Scotland) Accounts Advisory Committee.
and Financial Documents Factsheet P5.
24 Government Resources and Accounts Act 2000, s.24.
5 Jack M (ed.) (2011) Erskine May’s Treatise on the Law,
Privileges, Proceedings and Usage of Parliament, 25 Further information on the FRAB, including access to
24th edition. London: LexisNexis Butterworths, its annual reports to Parliament, is available at:
pp. 774–775 and 780–783. www.hm-treasury.gov.uk/psr_frab_index.htm.
6 For further information, see HM Treasury ‘An
introduction to Spending Review’:
www.hm-treasury.gov.uk/spend_spendingreview_
introduction.htm
7 HM Treasury (2011) Supply Estimates:
a guidance manual.
8 HM Treasury (2011) Central Government Main Supply
Estimates 2011-12 (HC921). London: HM Treasury.
9 House of Commons Standing Orders Nos. 54 and 55;
Jack (ed.) Erskine May, pp. 735–744.
10 More information on the Supply Estimates process can
be found in HM Treasury (2011) Supply Estimates: a
guidance manual. London: HM Treasury.
11 HM Treasury, Managing Public Money, paragraph 2.1.5.
86
Chapter Eleven
11.1 Official information is information created apply to information created by, held in
and commissioned in the course of or passing through a private office that
official government business. It includes relates to the business activities of the
information created or received by department.
ministers in a ministerial capacity. Official
11.4 Guidance issued by the Cabinet
information can be in any format, and
Office and The National Archives1
includes correspondence and memoranda,
emphasises the need for private offices
guidance, emails, datasets and databases,
to record ministerial decisions on any
websites, official blogs and wikis, and film
correspondence or submissions to
and sound recordings. Other formats that
ministers or officials, including special
emerge will also be covered.
advisers, and outside interest groups,
private sector organisations and MPs. This
Ministerial records would include any meetings, telephone
11.2 It is important that the official record is conversations and communications via the
maintained and that there is a proper internet where decisions are taken that
separation of official information (public relate to government business, so that
records, as defined in Schedule 1 to the there is a clear audit trail.
Public Records Act 1958) from personal, 11.5 All papers and electronic information
party or constituency information. relating to a minister’s personal, party or
Information received by ministers in an constituency affairs remain the minister’s
official capacity is the responsibility of personal responsibility during their
ministers and their departments and time in office and once they have left
should be managed in accordance with office or moved to another ministerial
the Lord Chancellor’s Code of Practice on appointment. Private Office staff and
the Management of Records issued under special advisers should manage and
section 46 of the Freedom of Information maintain personal, party and constituency
Act 2000 (FOI Act). Any records produced papers and information separately from
by ministers or civil servants as part of departmental material and Cabinet and
their official duties are protected by Crown Cabinet committee documents.2 Data
copyright which The National Archives security of constituency material is the
administers on behalf of the Sovereign. responsibility of the minister in their
capacity as an MP. Responsibility for party
The role of ministers’ private offices information is a matter for the relevant
11.3 Private offices have an important role in political party to determine.
managing information, and conventions
89
The Cabinet Manual
• its disclosure would prejudice commercial a cost limit applies only to requests for
interests; or personal information within unstructured
manual records.
• its disclosure would constitute an
actionable breach of confidence. 11.17 A requester of information under the FOI
Act or the EIR has a right of complaint to
11.13 In some cases the exemption is absolute;
the Information Commissioner’s Office
in others a judgement is needed as to
(the independent authority set up to
whether or not the public interest in
uphold information rights and to promote
maintaining the exemption exceeds that of
openness and data privacy). Either the
making the information available. A public
requester or the public authority can
authority does not have to meet the
appeal to the First-tier Tribunal (General
obligation to comply with a request where
Regulatory Chamber) against a decision of
the cost of identifying whether or not the
the Information Commissioner.
relevant information is held, or locating,
retrieving and extracting the information
would exceed £600 (for government Cabinet records
departments). 11.18 The proceedings of Cabinet and its
11.14 A Minister of the Crown can also committees are specifically identified
conclude, under section 36 of the FOI Act, in the FOI Act as falling within the
that information is exempt from disclosure exemption at section 35. This is a qualified
if it would, or would be likely to: exemption, meaning that the public
interest needs to be considered in each
• prejudice the maintenance of the case. As there is always a strong argument
convention of collective responsibility of in favour of maintaining the privacy
Ministers of the Crown, the work of the of such information, given the public
Executive Committee of the Northern interest in collective responsibility and the
Ireland Assembly or the work of the maintenance of the ability of ministers
Cabinet of the Welsh Government; to debate and develop policy frankly
• inhibit the free and frank provision of and freely, the Government’s working
advice or exchange of views for the assumption is that information relating
purposes of deliberation; or to the proceedings of Cabinet and its
committees should remain confidential.13
• otherwise prejudice the effective conduct However, each case needs to be
of public affairs. considered on its merits.
11.15 The FOI Act also provides a Cabinet 11.19 Under section 53(2) of the FOI Act, a
minister, the Attorney General, the Cabinet minister or the Attorney General,
Advocate General for Scotland or the the Advocate General for Scotland or the
Attorney General for Northern Ireland Attorney General for Northern Ireland
with the power to issue a certificate that may issue a certificate that has the effect
would confirm that the information was of substituting his or her decision for a
supplied by, or relates to, one of the listed decision or enforcement notice of the
security bodies, or when exemption from Information Commissioner. This power is
disclosure is required for the purposes sometimes referred to as the ministerial
of safeguarding national security.12 veto.14 It has so far been used only twice,
These exemptions may also apply in both times in relation to Cabinet and
circumstances where no certificate has Cabinet committee minutes, although
been issued. its use is not restricted to Cabinet
11.16 In the case of EIR requests, there are information.15
statutory exceptions (similar although not 11.20 Any department considering releasing
identical to exemptions under the FOI Act) information relating to the proceedings
but no cost limit; instead, consideration of Cabinet and its committees should
as to whether complying with a request consult the Cabinet Secretariat in good
is ‘manifestly unreasonable’ applies. With time. Collective ministerial agreement is
requests under the Data Protection Act, required for any such release.
91
The Cabinet Manual
92
Chapter Eleven
93
The Cabinet Manual
Notes
94
Annex: Election timetable
General election
Government forms or
continues
Queen’s Speech
Ability of the Government
to command confidence of
House of Commons tested
96
Annex: Election timetable
Election timetable
Milestone Days
Proclamation – dissolution of old Parliament/issue of writ Day 0
Receipt of writ Day 1
Last day for publication of notice of election (4pm) Day 3
Last day for delivery of nomination papers/withdrawals of Day 6
candidature/appointment of election agents (4pm)
Statement of persons nominated published at close of
time for making objections to nomination papers (5pm
on day 6) or as soon afterwards as any objections are
disposed of
Last day for requests for a new postal vote or to change or
cancel an existing postal vote or a proxy appointment to a
postal vote (5pm)
Last day to apply to register to vote
Last day for new applications to vote by proxy (except Day 11
medical emergencies)
Last day for appointment of polling and counting agents Day 15
Polling day (7am–10pm) Day 17
Last day to apply for a replacement for spoilt or lost postal
ballot papers (5pm)
97
List of abbreviations
98
Glossary
99
The Cabinet Manual
100
Glossary
101
The Cabinet Manual
102
Glossary
103
The Cabinet Manual
104
Glossary
Trading fund
A government department, or an executive
agency of a department, which has been
established as such by means of a Trading Fund
Order, and which is largely or wholly financed
from revenue generated by its activities.
Transferred matters
The non-excepted and non-reserved matters
on which the Northern Ireland Assembly has
full legislative competence. They are also called
‘devolved matters’.
Treasury Solicitor’s Department
A non-ministerial department responsible to the
Attorney General. It provides legal services to
more than 180 central government departments
and other publicly funded bodies in England
and Wales.
UK Government Licensing Framework
A policy and legal overview for licensing the
re-use of public sector information, both in
central government and the wider public sector.
Urgent question (House of Commons)
A question which is tabled for oral answer on
the same day, subject to the Speaker agreeing
that it is of an urgent character and relates
either to matters of public importance or to the
arrangement of business. Urgent questions in
the House of Commons are often repeated as
government statements in the House of Lords.
Usual channels
Informal discussions, in both Houses of
Parliament, that take place between the business
managers of different parties.
Vote on Account
A Vote on Account provides departments with
the authority to spend on consumer resources
and draw cash from the Consolidated Fund in
the early months of the financial year until the
Main Estimates are given legal effect. They are
presented to Parliament with the Supplementary
Estimates.
Whole of Government Accounts
Full accruals-based accounts covering the public
sector, prepared in accordance with the FReM
and audited by the National Audit Office.
105
Reference documents
106
Reference documents
HM Treasury (2010) Funding the Scottish Parliament, National Assembly for Wales and Northern
Ireland Assembly: statement of funding policy
http://cdn.hm-treasury.gov.uk/sr2010_fundingpolicy.pdf
HM Treasury (2011) Government Financial Reporting Manual
www.hm-treasury.gov.uk/d/financial_reporting_manual_2011_12.pdf
HM Treasury (2011) Managing Public Money
www.hm-treasury.gov.uk/psr_managingpublicmoney_publication.htm
HM Treasury (2011) Supply Estimates: a guidance manual
http://webarchive.nationalarchives.gov.uk/+/http://www.hm-treasury.gov.uk/d/estimates_
manual_032011.pdf
HM Treasury (2011) Central Government Supply Estimates 2011-12
www.official-documents.gov.uk/document/hc1012/hc09/0921/0921.pdf
Ministry of Defence (2011) Manual of Service Law
www.mod.uk/NR/rdonlyres/750A9132-AED6-433C-99A8-C1681ED22E9A/0/Vol1Section2Ver1.pdf
Ministry of Justice (2009) Lord Chancellor’s Code of Practice on the management of records issued
under section 46 of the Freedom of Information Act 2000
www.justice.gov.uk/downloads/guidance/freedom-and-rights/foi-section-46-code-of-practice.pdf
Ministry of Justice (2011) Background Briefing on Crown Dependencies: Jersey, Guernsey and the Isle
of Man
www.justice.gov.uk/downloads/about/moj/our-responsibilities/Background_Briefing_on_the_Crown_
Dependencies2.pdf
Ministry of Justice (2011) Her Majesty’s Courts and Tribunals Service: Framework Document
www.justice.gov.uk/downloads/publications/corporate-reports/hmcts/hmcts-framework-document.pdf
Ministry of Justice (2011) Statement of HMG Policy: use of the executive override under the
Freedom of Information Act 2000 as it relates to information falling within the scope of Section 35(1)
www.justice.gov.uk/downloads/publications/policy/moj/foi-veto-policy.pdf
UK Statistics Authority (2009) Code of Practice for Official Statistics
www.statisticsauthority.gov.uk/assessment/code-of-practice/code-of-practice-for-official-statistics.pdf
107
Cabinet Office
70 Whitehall
London
SW1A 2AS
October 2011
www.cabinetoffice.gov.uk
The National Archives, Kew, London TW9 4DU,
or e-mail: psi@nationalarchives.gsi.gov.uk.
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