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16 LEGAL UPDATE CONSTITUTIONAL 1 May 2020 | www.newlawjournal.co.uk © iStockphoto/stu99 When the Prime Minister falls ill Alec Samuels addresses the quandary of dealing with illness or worse in No 10 hat happens if the Prime (under John Major), John Prescott (under audience with The Queen. He is in effect Minister (PM) falls ill, or Blair), Nick Clegg (under David Cameron, the temporary Chairman of the Cabinet and becomes incapacitated, or dies? drawn from a minority party in a coalition). the cabinet committees, and the Cabinet WThe unwritten constitution In more recent times the practice has collectively takes or indeed continues to does not give an answer. We pragmatically been for the PM to have a sort of informal take the important government decisions. ‘bumble through’. The country is governed deputy, often described as the First Secretary Most matters are not immediately urgent. by the government, usually drawn from the of State, the senior secretary of state. All Though authorising pressing the nuclear political party with a majority or in command cabinet members form part of a hierarchy, button would require expedition, and the of the House of Commons. The function of all have a number or place in sequence in the First Secretary would need expeditiously government is carried out by the Cabinet. The 20 or so. Theresa May chose Damian Green, to consult the Security Committee and the Cabinet is chosen by the PM, exercising the and Johnson chose Dominic Raab. Although Defence Chiefs so far as possible, and take an power to hire and fire, who is a member albeit in theory all members of the Cabinet are immediate personal decision. primus inter pares, first among equals, the equal, in practice a sort of inner Cabinet Usually there is either a DPM or a First leader. His or her influence is enormous. or cabal usually emerges, in which the five Secretary, or simply one or the other, or It is rare for a PM to die in office. Spencer or so leading characters tend to hold the both or neither. The same person may Perceval was assassinated in 1812. great offices of state. Most of the members hold both positions, or there could be Palmerston died in office in 1865. Otherwise are deeply involved in their departmental two different persons, for example, Clegg a dying PM has resigned, for example, responsibilities and not much involved and William Hague. All combinations Henry Campbell-Bannerman in 1908, and in strategic issues. The big spenders may are possible. Theoretically the Cabinet Andrew Bonar Law in 1923. Other PMs be in conflict with the Chancellor of the could withdraw their support from the have resigned, thinking that they might be Exchequer. Though some may be prima PM and the First Secretary, and choose becoming ill and unfit, for example, Harold donnas, with an eye to their future, hoping another Chairman of Cabinet. That would Macmillan in 1963, though he was mistaken, for opportunities to advance their careers. compel the ill PM to resign, as happened to and Harold Wilson in 1976, though he lived The PMs, whoever they are, however strong Margaret Thatcher in 1990. But to take such for another 20 years, finally succumbing to and tough they are or think they are, must action in the case of PM illness, as opposed Alzheimer’s and cancer—In Sickness and in inevitably be under a degree of stress, it must to loss of confidence, would be a most Power, David Owen, Methuen, 2008, 83-85. go with the job, although Macmillan would extreme step. If for any reason the PM were It is not surprising that PMs have had sit in his office reading Jane Austen, and to leave office, then The Queen would send bouts of illness, which in the old days was Margaret Thatcher happily got on with her for whoever would look likely to command often covered up, for example, Lloyd George papers. The danger for a PM is that he or she support in the House of Commons. The in 1919, Churchill during WWII and during may be at risk of arrogance, come to believe appointee would hold office only until such his second premiership in the 1950s. In in indispensability, develop hubris, and not time as the majority party had elected a new more recent times the illness has been recognise when a health problem has arisen. leader, who would then be invited by The publicly known about, almost impossible Queen to form a government. to cover up, such as Eden’s suffering from The First Secretary The First Secretary is not necessarily a failed operation in 1956, Macmillan’s The position as First Secretary is curious, the PM’s anointed successor or favoured prostate in 1963, Margaret Thatcher’s eye merely honorary, giving seniority over candidate for succession, and may never trouble, Tony Blair’s heart trouble and Boris colleagues, in practice advising the PM, become party leader or have any realistic Johnson’s COVID-19 diagnosis in 2020. sometimes standing in for PMQs, but aspiration or hope of becoming so. But with no specific powers. He or she may undoubtedly there is an opportunity Who takes over? possibly be in line for succession, but there to display capabilities and to improve If for any reason the PM cannot continue, at is no certainty. The PMs in the past have prospects for the leadership in due course. least for the moment, who takes over? The sometimes appointed a First Secretary and The First Secretary has not ‘made it’ so Constitution makes no provision. Sometimes sometimes not. He usually occupies either far, for example, George Brown, Butler, there is a designated Deputy Prime Minister no Cabinet post or a minor or convenient Michael Stewart, Barbara Castle, Heseltine, (DPM). Clearly he or she will take over. one, but may hold senior office. Butler in Prescott, Peter Mandelson, Osborne, Hague Examples include Clement Atlee in WWII (an 1962 was the first. He does not exercise (when Clegg was the DPM), Green—and Opposition MP in a coalition government), the powers of the PM, he is ‘deputising’. who knows what will happen to Raab. NLJ Anthony Eden in 1951-1955 (also the He is not the PM. He does not hire and fire ‘understood’ heir to the party leadership), Rab members of the Cabinet. He does not exercise Alec Samuels, barrister (alec.samuels@ Butler (under Macmillan), Michael Heseltine patronage. He does not have a regular btinternet.com)..
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