New Cabinet Manual reflects modern environment
9 April 2001 Media Statement
New Cabinet Manual reflects modern environment
Prime Minister Helen Clark said the new, revised Cabinet Manual ¡V which sets rules and procedures for Ministers ¡V reflects the changed environment with MMP and coalition governments.
"Changes to the Manual were signalled in the coalition agreement between the Labour Party and the Alliance. We said then that the procedures needed updating to facilitate the management of coalition government.
"The revised Manual contains significant new material. It amends the doctrine of collective responsibility to allow coalition partners to express differentiated positions, within an agreed framework.
"There is a completely new chapter covering elections, the post-election transition period and government formation. There are also amended provisions regarding consultation between coalition partners, and between the government and other parties represented in Parliament.
"The text of the Manual has also been reviewed and updated so that key constitutional and administrative procedures appear with greater clarity," Helen Clark said.
The first edition of the Cabinet Manual was issued in 1979. Since then, it has been amended from time to time, most recently in 1996. This is the first major review for a decade.
The 2001 edition of the Cabinet Manual is available on the Cabinet Office website, at www.dpmc.govt.nz/cabinet.
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KEY CHANGES TO CABINET MANUAL
Chapter 1 : Governor-General and
Executive Council
„h Procedures for meetings of the Executive Council: The procedures for meetings of the Executive Council have been considerably streamlined (much of this material will be in the Cabinet Office Step by Step Guide).
Chapter 2 : Ministers of the Crown:
Appointment, Role and Responsibility
„h The appointment
and role of Prime Minister: The role of the Prime Minister
is now more fully covered.
„h The Deputy Prime Minister:
A section on the role of the Deputy Prime Minister has been
added.
„h Section 7 of the Constitution Act: A section
summarising the effect of section 7 of the Constitution Act
has been added. Section 7 allows for a Minister to act for
another Minister.
„h Acting Ministers: These paragraphs
clarify in practical terms the relationship between the
absent portfolio Minister and the acting Minister.
„h
Resignations and dismissals of Ministers: these paragraphs
summarise the principles and procedures relevant to
resignations and dismissals of Ministers.
„h Ministers¡¦
interests: A number of changes have been made concerning the
following issues: dealing with conflicts of interest,
constituency interests, the interests of family, whanau and
personal friends, association with non-public organisations,
conflicts relating to Bills in the House, and inaugural
flights.
„h Legal proceedings involving Ministers: This
existing material has been moved from chapter 5 and
updated.
„h The role and conduct of the public service:
Some general introductory material concerning the role of
the public service has been added to provide some context
for the guidance that follows. Where detailed guidance is
duplicated by the State Services Commission, it has been
removed.
„h Chief executives: This material has been
expanded to provide a better overall summary of the role of
chief executives, and their relationship with their
Ministers.
„h Crown entities: This section is new and is
based on the work that has been undertaken over the last few
years. The text is based on the principles set out in
Cabinet Office circular CO (99) 13.
„h State-owned
enterprises: This section is new, and provides a brief
overview of the relationship between Ministers and
State-owned enterprises.
„h Non-departmental advisers to
Ministers: This section picks up comments made by the
Auditor-General over the last few years and fills a gap in
the previous Manual.
Chapter 3 : Cabinet Decision Making
„h The role, powers and membership of Cabinet:
Existing material has been expanded to clarify the nature of
Cabinet and the fact that it regulates its own
procedure.
„h Items for consideration by Cabinet: The
list of items that must be brought to Cabinet has been
consolidated.
„h Consultation between Ministers: These
amended provisions emphasise the importance of effective
consultation between coalition partners.
„h Collective
responsibility: The new paragraphs on collective
responsibility allow coalition parties to express
differentiated positions, within an agreed framework.
„h
The exercise of Ministers¡¦ statutory powers in the
collective Cabinet context: This section is new. It reflects
guidance developed over the last four or five years.
„h
The Budget cycle: These paragraphs are new, and fill a gap
in the previous Manual.
Chapter 4 : Elections,
Transitions and Government Formation
„h Elections: These
paragraphs provide introductory information about the term
of Parliament and the mechanisms by which Parliament is
dissolved and elections held.
„h Mid-term transitions:
This section reflects the widely accepted constitutional
principle that during a mid-term transition, the role of the
Governor-General is to ascertain the will of the House, and
that it is for politicians to resolve political
uncertainty.
„h Caretaker convention: This section
incorporates the current circular on the operation of the
caretaker (CO (99) 5) with no substantive changes.
„h
Government formation: This section explains the
constitutional principles that govern the government
formation process. These principles, which were identified
and explained by constitutional experts and by the
Governor-General before the introduction of proportional
representation, were applied without any controversy in the
1996 and 1999 elections and are now widely accepted and
understood.
„h Provision of information by the public
service to negotiating parties: This section reflects
guidance provided to the public service during the 1996 and
1999 elections, and refers readers to more detailed
guidelines issued by the State Services Commission.
„h
Briefing an incoming government: Existing guidance has been
amended to allow the public service to respond more flexibly
to requests for briefings during the post-election period
(with the consent of the incumbent Prime Minister and the
Prime Minister-designate and with the knowledge of the State
Services Commissioner).
„h Incoming and outgoing
Ministers: The technical guidance concerning incoming and
outgoing Ministers reflects advice that has previously been
provided by way of Cabinet Office circular in the
pre-election period.
Chapter 5 : Legislation and the
Executive
„h Officials and select committees: Most of the
detailed guidance on this issue has been removed, because it
is provided to the public service by the State Services
Commission.
„h Presentation of international treaties to
the House: This section reflects the guidance currently in
CO (98) 4, as amended by Cabinet earlier this
year.
Chapter 6 : Official Information: Protection,
Availability and Disclosure
„h Unauthorised release of
official information: A new paragraph outlines the options
for responding to leaks.
„h Requests for Cabinet papers:
Previously the Manual required Ministers and officials to
notify the Cabinet Office when Cabinet papers or minutes
were released. This requirement has been replaced with a
requirement that those releasing Cabinet papers or minutes
are responsible for keeping a record of those
releases.
„h Production or discovery of official
documents in legal proceedings: This existing material has
been moved from chapter 5 and updated.
„h Disclosure of
documents by former Ministers: These procedures have been
reviewed to ensure that they are consistent with the
Official Information Act. The Manual now states that if
former Ministers wish to disclose information dating from
their time in office, they should contact the Cabinet
Office, which will arrange for the relevant
department/Minister to assess the information under the
Official Information Act. This procedure will mean that
appropriate considerations (in terms of the Act) can be
taken into account before a decision is taken on the release
of the material.
The convention on access to documents of
a previous administration: This procedure has been
streamlined and clarified, but remains essentially the same.
The requirement that departments/Ministers¡¦ offices
transfer requests for documents of a previous administration
to the Cabinet Office has been replaced with a requirement
to advise the Cabinet Office of the request, so that the
Cabinet Office can manage the consultation with the
Opposition.
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