Speaker’s Rulings — Ministerial Responsibility—Clarification

Members have raised with me the responsibility of new Ministers for their portfolios prior to the time they were appointed to the portfolios. I wish to draw members’ attention to Speaker’s ruling 163/4-5. Speaker Smith ruled on this matter when a Minister was asked about a decision that occurred in his portfolio before he became a Minister. Dr Smith ruled that “Just because a Minister may not have been present at the time does not relieve them of being answerable for what took place.” Speaker Carter ruled in 2016 that questions relate to a portfolio and not to an individual person.

Ministers are answerable for the portfolio they currently hold and for activities in the portfolio, even before they were appointed to it. Of course, this responsibility does not go back in time indefinitely. Ministers are not responsible for the activities of a previous administration. “The defeat of a Government in an election marks the end of one administration and the commencement of another.”—Speaker’s ruling 164/7. So current Ministers are answerable to the House for decisions taken in their portfolios since the commencement of the Labour-led Government in 2017. They are only answerable for activities prior to that time if they have had to take some action in respect of them during the current administration—Speaker’s ruling 167/3. Kia ora.