III
THE ORIGINS OF COLLECTIVE RESPONSIBILITY
Introduction
The supply procedure evolved in concert with the gradual supersession
of monarchical by ministerial government in the efficient constitution.
Although control of supply by the Commons is fundamental to the
responsible exercise of power by ministers, and forms the conventional
basis for individual ministerial responsibility, its evolution was
greatly influenced by the convention of collective responsibility and
the means for sustaining the cohesion of the ministry.
Treasury Control
The principle that only the Crown could ask the Commons to impose
taxation and authorize expenditure for the civil, naval, and military
services not only protected the taxpayer from the generosity of the
House of Commons, it also had the effect of reinforcing the position of
the Treasury Lords within the ranks of the king’s ministers. As public
expenditure grew, it became more and more important to ensure that it
could be defended in the Commons. Early in the 18th century this need
was recognized and the office of Lord Treasurer was placed in commission
partly in order to ensure the presence in the Commons of several
ministers competent to defend the Estimates.1
The new
Treasury Lords defended government expenditure, and sitting as a
Treasury Board required their colleagues in the ministry to justify
proposed expenditures for which the Commons would be asked to vote supply. The function of the Treasury in reconciling
the demands of ministers for funds into a single request for supply
was fundamental to safeguarding the Crown’s constitutional prerogative
that only it could ask the House to grant supply. The " painful
pre-eminence" of the Treasury was a matter of concern to other
ministers, but the Treasury Lords took seriously their responsibility to
control public expenditure, as was expected of them by the Commons. 2
The function of reconciling estimates was and remains a crucial
element in establishing and maintaining the solidarity of the ministry
and of ensuring that it retains the confidence of the House of Commons.
The function is fundamental to the responsibility of the ministry to
Parliament. In addition, because finance impinges so directly upon
administration, the reconciliation of estimates provides the basis for
the management of the public service in accordance with particular
standards and procedures, whose observance is in turn central to the
cohesion of the ministry and for which ministers and their officials
must be held accountable if the system is to be responsible.
Prime Minister and Cabinet
In 1721, ten years after the Treasury was placed in commission and
the First Lord assumed the Crown’s prerogative of appointment over his
Treasury colleagues, 3 Robert Walpole received the Exchequer
seals and gradually took on the role of the king’s first minister. The
growth of the party system, and the gradual elimination of the Crown as
the central political influence, made possible the evolution of Walpole
as the first prime minister known to the convention of the constitution.
As First Lord of the Treasury and Chancellor of the Exchequer, Walpole
had extensive financial sway over his colleagues and a " large patronage", which he put to use to build support for his
position and to ensure loyalty in the swelling ranks of office holders.4
At the end of the 18th century looking back on his time in government
and more especially opposition, even Fox remarked that " It was
impossible for the government of a great kingdom to go on, unless it had
certain lucrative and honourable situations to bestow on its
officers." 5 And in 1850 Peel, the first prime minister
to function in constitutional circumstances more or less similar to our
own, remarked simply that " the Prime Minister has the patronage of
the Crown to exercised". 6 In short, given the political
circumstances of the day, Treasury control and Treasury patronage made
possible the development of the position of prime minister (and of
political parties).
In the same period the institution known as the cabinet replaced the
king’s council as the principal deliberative forum of governments. 7
The concept took root of a ministry consisting only of the heads
of the great departments of state and other holders of ministerial
office. Gradually, as the prime minister’s powers of appointment over
his colleagues increased, it became the practice for the ministry to
meet in the cabinet at 10 Downing Street under the chairmanship of the
prime ministers. 8
In effect, the motive power of the constitution was passing from the
Crown to its advisers. The Crown was becoming associated more with the
dignified than with the efficient parts of the constitution. The prime
minister sought to concert the policies of his colleagues and ensure
their solidarity before Parliament. The latter was often breached in the
18th century. Indeed, it was not until after the Reform Act of
1832 that extended the franchise and crystallized the party system, and
the complete withdrawal of the Crown from politics following the Prince
Consort’s death in 1861, that collective responsibility was firmly
established in the convention of the constitution. 9
Nonetheless, its origins in the 18th century are unmistakable, and its
lengthy gestation paralleled the maturing of the role of prime minister
as the principal architect of unity within the ministry. By the close of
the 18th century, the cabinet was composed solely of those charged with
the administration of the departments of the government (besides of few
senior colleagues holding sinecure offices), and since the passage of
the Reform Act in 1832 the ministry has regarded the loss of a
major initiative by any of its members in the House as vote of want of
confidence and cause for the ministry as a whole to resign. 10
Conclusion
Collective responsibility is the cement of our system of government.
Its three key elements are Treasury control and the allied convention
that the government alone and as a single entity may ask the Commons to
approve ways and means and vote supply, and the de facto powers
of appointment over ministers and other holders of high office that are
exercised by a prime minister that emanate from his historic role as the
arbiter of Treasury control and patronage. These are the elements that
make possible the cabinet, which exists to bring together the individual
responsibilities of ministers so that they may be exercised by each
minister in a manner that is acceptable to all ministers. It is evident
that although collective responsibility unlike individual responsibility
is conventional rather than legal, it is fashioned through means that
may serve to make more effective the exercise of individual
responsibility and which must influence accountability within the
system.
1
During the constitutional seesaw
between Crown and Commons in the 17th and 18th centuries, it
became the practice to place " in commission" important
offices, whose holders might become too powerful or too
susceptible to the influence of the Crown or the Commons. Thus the
office of Lord High Treasurer was placed in commission from time
to time during the 17th century and permanently after 1714. The
commission consisted of a group of individuals known as the Lords
Commissioners of the Treasury, who collectively fulfilled the
functions of Lord High Treasurer. Similarly, in 1708 the office of
Lord High Admiral was placed in commission, its functions being
discharged by the Admiralty Board.
2
Roseveare, The Treasury p. 129.
Operating under the close direction of the First Lord, who if a
commoner strengthened his control by holding office also as
Chancellor of the Exchequer, the Treasury Board continued to work
in this manner until the middle of the 19th century when its
functions were taken over by its staff under the direction of the
Chancellor of the Exchequer separate from the prime minister. The
demise of the Treasury Board was the direct consequence of two
developments: first, the development of a modern civil service;
and, second, although the position of First Lord had been built
into the post of prime minister on the basis of Treasury control
and Treasury patronage, by the 1850's the prime minister was well
enough established that it was no longer necessary for him
personally to supervise the exercise of these powers.
3
This was a significant development for
in later years it opened the way for the prime minister to
recommend the appointment of all of his colleagues in the
ministry. See Anson, Law and Custom of the Constitution
vol. ii, pt. i, p. 190.
4
Anson, Law and Custom of the
Constitution vol. ii, pt. i, p. 191. Indeed, Walpole’s use
of royal patronage to influence elections led to renewed efforts
to exclude office holders (other than ministers) from membership
in the House of Commons. For discussion of the efforts to forbid
office holders or " placemen" from membership of the
Commons, see Alpheus Todd, Parliamentary Government in England
(London, 1892) vol. i, pp. 242-248.
5
See Parris, Constitutional
Bureaucracy p. 29. Charles James Fox was the parliamentary
opponent of the younger Pitt.
6
See Jennings, Cabinet Government
p. 140.
7
The king’s council was composed of a
privileged group of members of the Privy Council known as cabinet
councillors. The group usually included former holders of
ministerial office, whom in theory the king wished to continue to
consult, as well as the members of cabinet. Its complete
supersession by the cabinet towards the end of the 18th century
coincided with the decline of the king’s participation in
political activity.
8
Modern usage, which traces its origins
to the 18th century, distinguished between the ministry and the
cabinet. The ministry is a term applied to ministers
holding office at the pleasure of the Crown, and individually
responsible in law to the Crown and by convention to the House of
Commons for their activities. The cabinet is a place provided
by the prime minister to enable his colleagues informally to
develop the collective responsibility of the ministry required by
the convention of the constitution. In a word, the cabinet is the
prime minister’s cabinet and is the physical expression of
collective responsibility. The ministry, on the other hand,
summarizes the individual authority of its members.
9
See A.J.P. Taylor, "Queen
Victoria and the Constitution" Essays in English History
(London, 1976) pp. 65-66.
10
The first instance of a " clean
sweep" of the ministry occurred in 1782 when Lord North
resigned and all but one of his colleagues (the Lord Chancellor)
went with him. Blake, The Office of Prime Minister p. 5.
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