Read The Times Australia

Daily Bulletin

Joyce breaks cabinet rules, but his fate is PM's call

  • Written by: The Conversation
imageBarnaby Joyce has been outspoken in opposition to a government decision to build a coal mine in his electorate of New England.AAP/Lukas Coch

Agriculture Minister Barnaby Joyce described a federal government decision to allow mining on prime agricultural land in his electorate as a sign of a “world gone mad”. Is this criticism of a fellow minister (Greg Hunt) exercising his authority in his portfolio a breach of the principle of collective responsibility, or cabinet solidarity? Yes, it is.

Will anything happen? No, it will not.

Collective responsibility is an axiom of political prudence – if we do not hang together, we will surely hang separately – that has mutated into constitutional convention of how ministers should behave. But it remains convention, a rule – not the law. The key issue is that one person both defines the rules and decides when they will be applied or sanctions exercised. That is the prime minister.

What are the rules?

The rules, as expressed in the 2015 Cabinet Handbook issued by Prime Minister Tony Abbott, are:

A Westminster-style Cabinet is defined by adherence to the principles of collective responsibility and Cabinet solidarity. These principles are the binding devices that ensure the unity of purpose of the Government and underpin the formulation of consistent policy advice.

Collective responsibility … requires that whatever the range of private views put by ministers in Cabinet, once decisions are arrived at and announced, they are supported by all ministers…

In practice, a decision of the Cabinet is binding on all members of the Government regardless of whether they were present when the decision was taken.

Members of the Cabinet must publicly support all Government decisions made in Cabinet, even if they do not agree with them. Cabinet ministers cannot dissociate themselves from, or repudiate, the decisions of their Cabinet colleagues unless they resign from the Cabinet. It is the Prime Minister’s role as Chair of the Cabinet, where necessary, to enforce Cabinet solidarity.

In upholding the principles of collective responsibility and Cabinet solidarity, ministers must … not express private views on Government policies nor speak about or otherwise become involved in a ministerial colleague’s portfolio without first consulting that colleague and possibly the Prime Minister.

Joyce’s comments are inconsistent with these clauses – even if it was a ministerial decision, rather than a cabinet one. The minister was operating within his delegated responsibility. Given the chance to say he was speaking as a concerned local member, Joyce insisted he was speaking as the agriculture minister.

But how collective responsibility is defined is, as the handbook notes, up to the prime minister. That was always so. In 1984, Labor minister Stewart West objected to a cabinet decision on the mining and export of uranium. He wanted to resign from cabinet to protect his left-wing credentials, but remain as a minister and oppose the decision in the Labor caucus.

So the prime minister, Bob Hawke, with the drafting assistance of his departmental secretary, redefined collective responsibility in the 1984 Cabinet Handbook:

All Ministers are expected to give their support in public debate to decisions of the Government; non-Cabinet Ministers, however, are not prevented from debating in Caucus decisions in areas apart from their portfolios. Caucus decisions are binding on all Ministers.

The relaxation of collective responsibility for some ministers in caucus was an exercise in political calculation to maintain support. There was, and is, no definitive definition. Only the prime minister can decide when it has been irrevocably breached.

Why nothing will happen in Joyce’s case

In part, nothing will happen possibly because Joyce is deputy leader of the National Party. It is a position that he does not owe to the prime minister. And, traditionally, leaders of the Country Party in coalition had a degree of wriggle room when they had to play to their members: remember John McEwen and Doug Anthony.

In part, it may be because Abbott would prefer to keep a sometimes recalcitrant Joyce in cabinet – and suffer the occasional embarrassment – than have a Joyce martyred for standing up for his country constituency on the backbench as a running critic. It is a calculation based on political reality, rather than constitutional rectitude.

There are occasions when collective responsibility is not applicable but is still evoked. It may be Liberal policy that there is no conscience vote on same-sex marriage, but party policy can be debated and discarded – as a number of election commitments have been.

Unless it becomes a cabinet decision, pushed through against the stated opinions of senior ministers, it is not yet a government decision. So Eric Abetz’s suggestion that ministers who do not like the policy should resign is stretching the meaning.

Abbott’s ban on frontbenchers appearing on the ABC’s Q&A program is not an application of collective responsibility either. No-one has suggested that Joyce or Communications Minister Malcolm Turnbull were going to challenge government policy on the program. On the contrary, they would have been there to advocate it enthusiastically.

The ban is just part of government strategy to mute criticism. Political strategy is not cabinet policy to which collective responsibility refers.

Nevertheless, in one sense, all these examples come under the same broad rubric: what does Abbott want to do to manage his government in a way that best achieves his purposes?

Interpreting collective responsibility, keeping items off the agenda, controlling access to the media all fall under that title. They always did. The interpretation and application of collective responsibility always was less a constitutional requirement than a captain’s call.

Patrick Weller holds an ARC Discovery grant.

Authors: The Conversation

Read more http://theconversation.com/joyce-breaks-cabinet-rules-but-his-fate-is-pms-call-44557

Business News

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

When Should You Speak to a Lawyer About a Legal Issue?

Legal issues can begin with a simple question, then become harder to manage once formal steps are involved. Many people wait until a matter feels urgent before seeking guidance, even though earlier ...

Daily Bulletin - avatar Daily Bulletin

The strategic rise of Bali as Australia’s next essential healthcare support hub

As Australian healthcare providers grapple with unprecedented operational bottlenecks, a new nearshore model is quietly transforming patient care delivery. Forward-thinking organisations,  including...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Top Garment Steamers for Busy Professionals in Australia

The gap between garment steamers built for a quick touch-up and ones built to keep pace with a wor...

Correct Sleeping Posture to Minimize Back Strain

Most people don’t pay much attention to how they sleep until they start waking up with a stiff bac...

Why Product Longevity Matters for Sustainable Australian Buildings

Sustainability in building design is often associated with recycled materials, renewable resources a...

NDIS Support Coordination Explained: What Does a Support Coordinator Actually Do?

NDIS support coordination explained means understanding how a professional can help participants n...

When Should You Speak with Divorce Lawyers in Sydney?

Divorce involves more than completing an online application. It can affect parenting arrangements, p...

How to Choose a Reliable Hot Water System Installer on the Gold Coast

Choosing a reliable installer is just as important as choosing the right hot water system. A qualifi...

How Microtask Platforms Support Modern Digital Promotion

Digital promotion has become increasingly complex. Businesses communicate with customers through w...

Cosmetic Dentistry Options From a Brisbane-Based Dental Team

You cover your mouth when you laugh. You skip the group photo. Maybe you edit pictures to soften a...

Essential Steps to Handle Sudden Tooth Pain and Dental Crises

A sudden, throbbing toothache can totally stop your whole day, with no warning. When severe pain, ...