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Tuesday, 7 December 2010

Speaker’s Rulings — Questions for Oral Answer—Ministerial and Prime Ministerial Responsibility

HansardID: bd2175d0-6ac6-4123-81d6-31cea528404c
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🗣️ Speech Lockwood Smith (New Zealand National Party — Member for Rodney)
Time unknown

On Wednesday, 24 November I indicated to the House that I would reflect further on issues raised relating to Ministers’ accountability to the Prime Minister in terms of the Cabinet Manual and the extent to which the Prime Minister is answerable to the House. Standing Order 369 sets out that questions may be put to a Minister relating to the public affairs with which a Minister is officially connected or any matter of administration for which the Minister is responsible. In practice a wide view of the concept of ministerial responsibility is taken, but there must be an official connection. Ministers operate in a number of different capacities, as set out in the Cabinet Manual: in a ministerial capacity within a particular portfolio in a political capacity as a member of Parliament representing a constituency or a community of interest, or in a personal capacity.

Ministers are accountable to the Prime Minister for their behaviour in these capacities under the Cabinet Manual, but the Prime Minister is answerable to the House only where there is an official connection. The Prime Minister is answerable for whether he retains confidence in his Ministers, their performance as Ministers, and how they manage conflicts of interest in their ministerial roles between their personal interests and their public duty. The Prime Minister is not responsible for action taken in a non-ministerial capacity, such as as a party leader or as a member. Nor is the Prime Minister answerable for actions taken by Ministers in a purely personal or private capacity. It can be a hard distinction to draw.

Although questions will not be ruled out simply because they have a party or personal connection, I will rule out questions that ask the Prime Minister to take responsibility for actions or statements that are not taken or made in a ministerial capacity, or that ask the Prime Minister to give an opinion on such matters. An opinion that is sought from a Minister must relate to a matter for which the Minister is responsible.

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