Youth and Sport Minister Glenn Blakeney's decision to ignore the recommendation of the selection committee for Male Athlete of the Year – and the subsequent controversy over whether the decision was made by the Cabinet – has thrown the question of Cabinet collective responsibility into sharp relief. Former Premier Sir John Swan explains the often misunderstood meaning of collective responsibility and Ministerial responsibility.

In keeping with the doctrine of Collective Responsibility, the Ministerial Oath and the Bermuda Constitution, Ministers have a great responsibility to maintain the integrity of our system of government by upholding the principle of non-disclosure of Cabinet matters and recognising that when a Minister speaks, he speaks on behalf of the entire Government.

If we are to remain a functioning democracy, the principles as laid down by our constitution, particularly as it relates to matters of Cabinet, which have been tried and tested over an extended period of time, should be strictly adhered to.

In accordance with the Westminster System of Government and the Bermuda Constitution, the convention of collective responsibility is a concept or doctrine that is imperative for good governance. The overwhelming majority of the English speaking Caribbean, the United Kingdom, Canada, Australia, New Zealand and many African countries follow this doctrine.

Collective Responsibility

Cabinet collective responsibility is the constitutional convention in governments using the Westminster System that members (Ministers) of Cabinet must publicly support all government decisions made in Cabinet, even if they do not privately agree with them.

Under the Bermuda Constitution, the Cabinet is charged with the general direction of the Government of Bermuda and is therefore collectively responsible to the Bermuda Legislature.

The collective or "Cabinet" responsibility is one of the fundamental principles on which the Constitution is based. It involves unity, and it is important to preserve a united front in the face of the public. In order for a government to govern successfully, it requires its Ministers to adhere to the convention of collective ministerial responsibility. This convention obliges each Minister to support and defend the government's policies.

If a Minister cannot, in all good conscience, accept the government's position, convention requires that he resign before he makes his dissent known. A Minister remaining in office and yet publicly dissenting from the government's view can expect dismissal.

All major decisions of policy must be made by the Cabinet. The doctrine of collective responsibility, as earlier described, is the basis on which the system of ministerial government rests.

Without it, the ministerial system cannot be effective and cannot last as a method of government developed to work in accordance with the Constitution of Bermuda and the wishes of the people.

The Government, that is to say the Cabinet, presents a united front in putting forward policy, and Ministers are jointly responsible for all decisions taken by the Government, individually and collectively. In Cabinet meetings, differences must be resolved by compromise in order to arrive at unanimous decisions, and it is a principle that if the Cabinet is divided in opinion, a Minister must resign if he is not prepared to accept the majority decision.

This principle is not affected by the assignment of responsibility to individual Ministers. Every decision made by a Minister about any matter in his portfolio, when it is not within policy already decided by the Cabinet, must always be such as could, without doubt, be defended by the Cabinet. All major matters of policy, and matters on which there is an unresolved difference or opinion between Ministries, should be put before the Cabinet.

Moreover, should any Minister not agree with an action taken by a fellow Minister without prior consultation with the Cabinet, he is entitled to make representation in the Cabinet and, in that event, the Cabinet will decide whether or not the action should be upheld.

The first duty of every Minister is to play a full part in reaching the decisions on policy matters, which only the Cabinet can take. All Cabinet Ministers are responsible, collectively, for policy decided in the Cabinet and for the individual acts of other Ministers.

An individual Minister has not only full liberty but a clear duty at meetings of the Cabinet to speak for or against any proposal put before it. Ministers may disagree amongst themselves in Cabinet or in Cabinet Committee, but constitutional and political tradition requires that they present a unified front outside the Cabinet because they are collectively responsible for all Cabinet decisions, i.e., once a decision is taken in Cabinet each and every Minister must support that decision before the country and in the Legislature.

This principle of collective responsibility goes hand in hand with the notion that Cabinet and Cabinet Committee proceedings must remain secret so that Ministers can consult freely among themselves, unrestrained by any concern that differences or disagreements can even become public knowledge. So long as a Minister remains a Minister, he may not speak in public or in private against any decision of the Cabinet or against any individual decision of another Minister.

As he is a member of the Government Front Bench in the House of Assembly or in the Senate, he must not speak or vote on any measure debated in either House otherwise than on lines agreed to by the Cabinet. No Minister may, in the Legislature or in public speeches, commit the Government to any course of action save in accordance with the policy of the Cabinet.

Ministerial Responsibility

Under Section 61 of the Bermuda Constitution, the Governor, on the recommendation of the Premier, may charge any Minister with responsibility for certain matters and departments of Government, and designate the style by which any Minister so charged shall be known.

Subject only to the constraint of policies agreed in Cabinet, each Minister bears total responsibility for all subjects within his own ministerial portfolio. He is expected to introduce in Cabinet all Cabinet Memoranda covering such subjects, and to conduct in the House of Assembly or in the Senate, and in the face of the public all business concerning his portfolio.

Matters and departments within a Minister's portfolio are the concern of his Cabinet colleagues only when:

(1) A Cabinet Memorandum having been submitted by the Minister responsible, the subject is discussed at a Cabinet meeting; or

(2) If the Minister responsible is away, one of his colleagues has been formally appointed to look after his portfolio in his absence. In these circumstances, the Acting Minister is responsible for carrying out all the duties and conducting business in the House of Assembly and, in the face of the public, all business concerning the absent Minister's portfolio; or

(3) The Minister raising the matter has, in advance, consulted with the Minister within whose portfolio the subject falls.

The individual responsibilities assigned to Ministers must always be exercised in accordance with the principle of collective responsibility of the Cabinet. Deciding whether or not to submit a matter to the Cabinet places a considerable responsibility on a Minister.

If he submits too much to the Cabinet, the burden of business for all Ministers is increased and it might be said that he is not prepared to carry his share of responsibility.

If he submits too little, and appears to act too independently, he might lose the confidence of his colleagues; and, moreover, if he makes decisions which they are unable to support, he might be called upon to resign or, in a very serious matter, the Cabinet as a body would have to resign. Ministers and their officials should ensure that major policy matters are referred to Cabinet while sparing that body the need to consider routine or trivial subjects.

The Cabinet is responsible for the final determination of national policy and is the focal point for the work of Ministries. The Cabinet must be in a position to deal carefully with all matters and should not, therefore, be expected to deal with routine matters.

In accordance with the schedule to the Bermuda Constitution, the Premier and every Minister have to take a Ministerial Oath and I quote: "I, …..…………, being appointed Premier/Minister, do swear that I will to the best of my judgment, at all times when so required, freely give my counsel and advice to the Governor (or any other person for the time being lawfully performing the functions of that office) for the good management of the public affairs of Bermuda, and I do further swear that I will not on any account, at any time whatsoever, disclose the counsel, advice, opinion or vote of any particular Minister, and that I will not, except with the authority of the Cabinet and to such extent as may be required for the good management of the affairs of Bermuda, directly or indirectly reveal the business or proceedings of the Cabinet or the nature or contents of any documents communicated to me as a Minister or any matter coming to my knowledge in my capacity as such, and that in all things I will be a true and faithful Premier/Minister. So help me God."