The Procedure For Adoption of Governmental Policy

June became the Prime Minister last year when her party won the general elections with a
majority of 25 seats. One of the promises included in her election manifesto was to provide a
massive improvement of healthcare facilities. She now decides that this can only be a reality
provided higher taxes are imposed on all citizens equally. She discusses this with her Cabinet,
who all except for MP Robert agrees with the scheme.
How can June ensure:
The scheme is adopted as a governmental policy
June can ensure the taxation policy to be a governmental policy using the unanimity rule under the
collective ministerial responsibility principle. The unanimity rule requires all Cabinet ministers to offer
public support for all Cabinet decisions, even if a minister opposed the policy concerned in Cabinet. As
Lord Salisbury explained in 1878, "for all that passes in Cabinet every member of it who does not resign
is absolutely and irretrievably responsible and has no right afterwards to say that he agreed in one case
to a compromise, while in another he was persuaded by his colleagues". The convention demands
collective loyalty to collective decisions.
Ministers who find a majority cabinet supported policy unacceptable should resign from office or provide
their full support as there is no other option. Michael Heseltine's resignation from Thatcher's second
administration in 1985 over the Westland affair offers a powerful illustration of the convention taking
effect. In the above situation, all other executive members have agreed to the newly proposed tax policy
except MP Robert which induces him to either resign or support the policy. In any instance, June can
ensure the tax policy to be adopted as a governmental policy.
The scheme is passed through Parliament
Governments formulate policies which they expect to command the support of their party's members in
the Commons, and it is rare that their preferences will be significantly amended during Bill's passage. The
various stages a Bill undergoes in its Commons passage now possess a sacrosanct constitutional status.
The process begins with the 'first reading'; a purely formal step, in which the measure is introduced to the
house. Consideration of Bill's main principles occurs during 'second reading', a major set piece debate on
the floor of the house. If the Bill is approved, its details are addressed in a 'standing committee'. which is
empowered to amend the original text. On leaving the standing committee, the Bil returns to the floor for
its 'report stage', when any committee amendments are considered. On, completing its report stage, the
Bill (as amended) enters its 'third reading'. If approved, it is sent to the HOL.
In the issue above, June can ensure the money bill to pass the Parliament as she has a majority in the
House of Common and she does not need the approval of HOL for this matter. Firstly, June can believe
that the tax bill would successfully pass the stages in HOC as mentioned above because of the majority
she has secured in the HOC after the Parliament. After succeeding the HOC, the real burden on a
passage of a legislation is placed when it enters the HOL but under the Parliament Act 1949, money bills
(bills designed to raise money through taxes or spend public money) must receive Royal Assent no later
than a month after being introduced in the Lords, even if the Lords has not passed them. Under the Act,
the HOL cannot amend the bill proposed by June's government which ensures June that the scheme will
be passed through the Parliament.
In addition, the Salisbury Convention can be incorporated as a factor which ensures the scheme to be
passed through the Parliament. The Salisbury Convention ensures that Government Bills can get through
the Lords when the Government of the day has no majority in the Lords. In practice, it means that the
Lords do not vote down a Government Bill mentioned in an election manifesto. In the given scenario,
June proposed the tax raise to fulfil the promise made in the manifesto which implies that the tax bill is a
component of the manifesto. As the money bill is used to fulfil June's election manifesto, the Salisbury
Convention ensures the passage of the scheme through the Parliament.
The scheme is aligned with the concept of Rule of Law
Historically, referring to Solon of Athens, rule of law has been defined as ‘equal laws for the noble and the
base’. Some scholars have admitted that “Rule of Law” should be addressed and centralised over the
concept of equality before the law as it can ensure that government officials, the rich, the powerful, and
the well-connected do not become a caste apart. This meaning of the notion is further substantiated when
A.V.Dicey incorporated this message in one of his three ‘kindred conceptions’ of Rule of Law. Extensively,
AV Dicey explains that no man is above law. Every man and woman, whatever be his or her rank or
condition, is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary
tribunals.
As explained the definition of rule of law, the scheme proposed by June in the above context has aligned
with the concept of Rule of Law as it imposes a tax which is equal to all citizens. The equality between
all is an important and distinct characteristic of Rule of Law and by ensuring an equal tax, June can
ensure that her scheme is align with the Rule of Law.

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June became the Prime Minister last year when her party won the general elections with a

How can June ensure:

The scheme is adopted as a governmental policy

The scheme is passed through Parliament

The scheme is aligned with the concept of Rule of Law

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