4. Collective Responsibility – Statement by the Chief Minister The
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4. Collective responsibility – Statement by the Chief Minister The President: Item 4. I call on the Chief Minister to make a Statement on collective responsibility. Perhaps we – The Chief Minister (Mr Bell): I will speak quickly, Madam President! The President: No, it’s fine. I was just making sure they were not confining you to five minutes, but they have moved the card. The Chief Minister: Madam President, the Council of Ministers has welcomed the opportunity to review the current system of collective responsibility and, in accordance with the resolution passed at the March sitting of this Hon. Court, it gives me pleasure to report now on the outcome of Council’s review today. I think it is important from the outset to be clear about what the Council of Ministers was asked to do. The resolution did not question the importance of collective responsibility as a central principle of good government; rather, it sought to investigate alternative systems for making its enforcement more open, transparent and democratic. It implied, therefore, that more could be done to improve the operation and use of collective responsibilities. Since the March sitting, the Council of Ministers has fully considered this matter in some detail on two separate occasions, based on a comprehensive report which has been circulated to Hon. Members for information, prepared by the Minister for Home Affairs, who Hon. Members will recall seconded the original motion. I would like to place on record mine and the Council of Ministers’ appreciation of the work carried out by the Minister to this end. The report considered by Council set out the background to and evolution of the doctrine of collective responsibility in the Isle of Man and in other jurisdictions, including Northern Ireland, which was viewed as a potential model to follow in the remarks made by the mover of the motion, the Hon. Member for Douglas South, Mrs Beecroft. The Minister’s report also considered related factors that are relevant to the Isle of Man, including the absence of party politics and the so-called ‘block vote’, in addition to the operation of the doctrine in a Manx context, the decisions that it applies to, its exceptions and how it has been enforced. Madam President, after detailed consideration of the matter, the Council of Ministers has concluded that there are no fundamental issues with the current system of collective responsibility which need to be addressed at the current time. However, I can confirm that this conclusion, as well as being properly considered, was by no means unqualified. I can advise this Hon. Court that in Council’s opinion there are a number of reasons for maintaining the current system of collective responsibility. In its simplest form, collective responsibility exists to provide certainty and cohesion to Government, so that the public can hold Government to account. The resultant stability has the added benefit of helping to maintain business and investor confidence. It provides an essential safeguard against the concentration of too much power in the hands of one person. It helps ensure joined-up government and diminishes silo thinking. It enables policy to be developed in an environment where ideas, options and opinions can be privately considered, assessed and challenged; and it is not a contentious matter in the vast majority of the decisions that are put before the Council of Ministers and ultimately Tynwald. The comparisons between the Manx model of collective responsibility and those currently operating across the United Kingdom and beyond which were considered by Council demonstrate clearly that the Isle of Man is by no means an isolated example. Various systems of collective responsibility operate successfully across the various jurisdictions, and in many cases have done so for a considerable period of time, and this is very much the norm. Indeed, the Manx system Tynwald 15 Jul 2014 proved to be about the most flexible of those looked at, with the most opportunity for Ministers to express their personal views. It is interesting to note that the States of Jersey, which has operated a ministerial system of government without collective responsibility, has recently voted to introduce such a system following two years of consultation. In addition, Guernsey has had a committee system with ministerial titles since 2004, and collective responsibility has been advocated as part of a wider review of the ministerial system which is due to report this summer. In both cases, those jurisdictions to which we are most closely related from a constitutional point of view are moving towards the Isle of Man model rather than away from it. Perhaps the key point in Council’s consideration of whether or not there needs to be a change – and a point that was acknowledged by the mover of the motion – is that we are not looking at a static position. The operation of collective responsibility in the Isle of Man continues to evolve. Whilst it may be the perception of some that the doctrine should be more open, transparent and democratic, there are various mechanisms which have been put in place which evidence a willingness for and a commitment to its continuous improvement. For example, a smaller Council of Ministers has redressed some of the criticisms of the block vote, although it is generally recognised that governments need to have sufficient strength from which to implement their policy priorities. ‘An Agenda for Change’, debated and supported by this Hon. Court in an open and democratic manner, clearly sets out the Government’s priorities and the issues on which the Council of Ministers has formed a collective view. The Policy Review Committees of Tynwald, which ensure that policy changes, particularly in such challenging times, are properly understood and examined, are now an embedded part of our system. The split between the Council of Ministers and departmental collective responsibility conventions is a natural consequence of the Isle of Man’s consensus Government, where most politicians are invited to take a Government role, and it is evident that more open dialogue is taking place between Ministers and Hon. Members on policy issues. The size of the political memberships of Departments is such that it is not enough to guarantee the outcome of most Government motions in Tynwald. The freedom afforded to Ministers to have a free vote over parliamentary and constitutional matters is a strength of the Isle of Man system. Since 2007, a summary of the proceedings of the Council of Ministers has been published on a quarterly basis. The performance management website provides publicly accessible performance information, which gives a summary of Government’s priorities and a snapshot of how it is performing against them. And finally, from time to time, requests are received for the release of Council proceedings to Scrutiny and Select Committees, and the Council of Ministers takes an open and transparent approach to such requests. Madam President, a final point to make about the current operation of collective responsibility, particularly in respect of its openness and transparency, is that the Council of Ministers’ approach to it is published in the Government Code. It is in the public domain for all to see. Moreover, the Code clearly sets out the exceptions to the rule when it is acceptable for Ministers to speak publicly against policies and decisions by the Council or without reference to it. The published exceptions are matters of conscience, a declared position, constituency matters, inconsequential matters and unresolved issues. Moreover, these exceptions are equally relevant to Members of Departments and their collective responsibility for departmental policies. In codifying the exceptions to the rule of collective responsibility, the Isle of Man is more advanced than other jurisdictions in its openness and transparency. Tynwald 15 Jul 2014 Madam President, the Tynwald resolution at the March sitting provided a timely opportunity to review the scope and operation of collective responsibility in the Isle of Man. I would like to thank the Hon. Member for South Douglas, Mrs Beecroft, for moving the motion. The Council of Ministers, instead of voting against the motion, has embraced the opportunity provided for it and has conducted a comprehensive audit of the current position. I accept that some Hon. Members might be disappointed by the conclusions which Council has reached, but I hope that this Statement has set out the reasons why we have reached the conclusions which we have. We are not dealing with a static position, Madam President, when considering the doctrine of collective responsibility in the Isle of Man. It has evolved and will continue to evolve over the coming years, and the Council of Ministers is of the view that, at this moment in time, the balance between openness and Government cohesion is just about right. Madam President, thank you. The President: Questions? The Hon. Member, Mrs Beecroft. Mrs Beecroft: Thank you, Madam President. I am sure it will come as no surprise to the Chief Minister that I am one of the ones who will be disappointed in this, because there has been no effort and I wonder why there has been no effort to even amend it slightly to make it more open as to what is being covered by collective responsibility – such as the Chief Minister said that it clearly sets out the Government’s priorities and the issues on which the Council of Ministers has formed a collective view. My suggestion was – (Mr Shimmin: Question!) I am getting to a question. I have already asked one; I am getting to another. The President: Would you address your remarks through the Chair, please? Several Members: Hear, hear. Mrs Beecroft: I beg your pardon, Madam President; I am getting to my question The Chief Minister has said that the Government’s priorities… the Council of Ministers have formed a collective view.