Constitutional and Administrative Law · Chapter 2

Central Government and Accountability

Introduction

This chapter examines the structure of central government in the United Kingdom and the mechanisms by which government is held to account. You will study the three components of the Crown-in-Parliament — the Monarch, the House of Commons and the House of Lords — and the distinct functions of each. You will then explore the meaning of accountability as a relationship between an actor and a forum, and the principal methods through which the legislature, the executive and the judiciary secure accountability, framed by the separation of powers. The chapter closes with a survey of special mechanisms — contempt of Parliament, parliamentary committees and public audit — illustrated by case studies.

Assessment focus

For the SQE1 FLK1 assessment you must understand how the central institutions of the state are organised and how each is held accountable. You should be able to identify the role of the Monarch (Royal Assent), the House of Commons (elected, legislative) and the House of Lords (revising chamber), and to explain the purposes of accountability — legitimacy, transparency, control, restoration, punishment and deterrence. Questions are single best answer questions (SBAQs) set in realistic client-based scenarios; you will be asked to apply these concepts — for example, to advise on the powers of a parliamentary committee or the independence of a public auditor — rather than merely to recall them. This is a closed-book assessment, so commit the institutions, mechanisms and statutory references to memory.

Study tips

1) Memorise the three components of Parliament and the single distinctive power of each (Monarch → Royal Assent; Commons → propose and vote on legislation; Lords → revise). 2) Learn accountability as an actor–forum relationship in which the actor must explain and justify conduct and may face consequences. 3) Map the six purposes of accountability (legitimacy, transparency, control, restoration, punishment, deterrence). 4) Group the methods of accountability under the three organs of state — legislature, executive, judiciary — and be ready to allocate any given mechanism to the correct organ. 5) Note that parliamentary committees can recommend but not enforce, and that public auditors are independent of government but funded by Parliament.

1. The Structure of Central Government

Central government in the United Kingdom is built around Parliament, situated at the historic Palace of Westminster. Parliament is not a single body but a composite institution — the Crown-in-Parliament — consisting of three main components, each with a distinct constitutional function.

The English Parliament is situated at the historic Palace of Westminster and consists of three main components: the Monarch, the House of Commons and the House of Lords. Each plays a separate role in the making of law and in the wider system of government.

2.1.1 The Monarch

The MonarchThe reigning King or Queen at the time. The Monarch's role is largely ceremonial, but they retain the formal power to give Royal Assent to legislation — the final stage by which a Bill becomes an Act of Parliament.

2.1.2 The House of Commons

House of CommonsAlso known as the 'lower house'. Its members are called Members of Parliament ('MPs'). They are elected representatives and have the power to propose and vote on legislation.

2.1.3 The House of Lords

House of LordsAlso known as the 'upper house'. Its members are usually called 'the Lords'. The House of Lords acts as a revising chamber for legislation and is made up of life peers (appointed under the Life Peerages Act 1958) and bishops (the Lords Spiritual). Following the House of Lords (Hereditary Peers) Act 2026, which came into force on 29 April 2026, hereditary peers no longer sit in the House of Lords.
Key point
The role of the Speaker — The House of Commons is chaired by the Speaker, and the House of Lords by the Lord Speaker. The Speaker's role is to maintain order during debates and to ensure that proceedings are conducted fairly and effectively. The Speaker of the Commons is expected to act with strict impartiality as between the parties in the House.
The Three Components of Parliament (★ must memorise)
ComponentDescriptionKey power / function
MonarchThe reigning King or Queen; largely ceremonial role.Gives Royal Assent to legislation.
House of CommonsThe 'lower house'; members are elected MPs.Propose and vote on legislation.
House of LordsThe 'upper house'; life peers and bishops (hereditary peers removed by the House of Lords (Hereditary Peers) Act 2026).Acts as a revising chamber for legislation.
Key Notes for Section 2.1: ① Parliament sits at the Palace of Westminster and has three components; ② the Monarch gives Royal Assent (ceremonial); ③ the House of Commons is elected and proposes/votes on legislation; ④ the House of Lords is the revising chamber (life peers and bishops; hereditary peers removed by the House of Lords (Hereditary Peers) Act 2026); ⑤ each House is chaired by a Speaker who maintains order.

2. Mechanisms of Accountability

Accountability is central to constitutional government. It explains how those who exercise public power can be required to answer for the way in which they exercise it. This section sets out the meaning of accountability, its purposes, and the methods by which it is secured through the separation of powers.

AccountabilityA relationship between an actor (usually the Government or its agencies) and a forum (such as the judiciary or the public), in which the actor has an obligation to explain and justify their conduct. The forum can pose questions and pass judgment, and the actor may face consequences for their actions.

2.2 The Purposes of Accountability

Accountability serves a number of overlapping purposes. The following six purposes explain why mechanisms of accountability exist and what they are designed to achieve.

Legitimacy — to reinforce the legitimacy of the Government.

Transparency — to discover information on government performance and to ensure the availability of an explanation for government actions.

Control — to provide a means to control the Government and ensure it acts in conformity with public expectations.

Restoration — to ensure that government wrongs are made right.

Punishment — to punish egregious abuse of power.

Deterrence — to facilitate improvements in government performance and to disincentivise poor conduct.

2.2.1 Methods (Separation of Powers)

The methods by which government is held to account can be grouped according to the three organs of state under the separation of powers: the legislature, the executive and the judiciary.

(1) Legislature

Parliamentary CommitteesSpecialised groups within Parliament tasked with reviewing legislation, conducting inquiries, and scrutinising the actions of the executive. They can call for witnesses and papers and make recommendations. Examples include the Public Accounts Committee and the departmental select committees.
Representative GovernmentThe electoral system under which citizens vote for their representatives in Parliament. It ensures that the Government is accountable to the electorate and can be voted out if it fails to meet public expectations.
Responsible GovernmentA system in which the executive (the Government) is accountable to the legislature (Parliament). Ministers are members of Parliament and can be questioned, censured, or even removed through a vote of no confidence.

(2) Executive

CommissionsIndependent bodies set up to oversee specific areas such as corruption, human rights, or elections. For example, anti-corruption commissions are tasked with investigating and prosecuting corruption cases.
Comptroller and Auditor GeneralAn independent officer of the House of Commons, heading the National Audit Office (NAO), responsible for auditing government accounts and operations. The Comptroller and Auditor General can bring issues of financial mismanagement to the attention of Parliament (in particular the Public Accounts Committee).
OmbudsmenIndependent officers who investigate complaints of maladministration against government bodies. They can recommend corrective action (such as an apology or compensation) but usually cannot enforce their findings. In England the principal example is the Parliamentary and Health Service Ombudsman (PHSO), established under the Parliamentary Commissioner Act 1967.
Freedom of InformationA legal framework allowing citizens to request and receive information held by the Government, thereby promoting transparency (in England and Wales, the Freedom of Information Act 2000).
TribunalsQuasi-judicial bodies which handle disputes in specific areas such as immigration, employment, or social security. They offer a quicker and less formal process than the ordinary courts.

(3) Judiciary

Tort LawCitizens can sue the Government for civil wrongs, such as negligence or breach of statutory duty.
Criminal LawGovernment officials can be prosecuted for criminal offences such as corruption or abuse of power.
Judicial ReviewCourts have the power to review and possibly invalidate government actions that are illegal or unconstitutional.
Methods of Accountability by Organ of State
Organ of stateMechanismsNature
LegislatureParliamentary Committees; Representative Government; Responsible GovernmentScrutiny by, and accountability to, Parliament and the electorate
ExecutiveCommissions; Comptroller and Auditor General; Ombudsmen; Freedom of Information; TribunalsOversight, audit, complaints-handling and disclosure within the administration
JudiciaryTort Law; Criminal Law; Judicial ReviewLegal accountability before the courts
Key point
SQE EXAM TIP — Be ready to allocate a given mechanism to the correct organ of state. For instance, judicial review is a judicial mechanism; a select committee inquiry is a legislative mechanism; an ombudsman investigation is an executive (administrative) mechanism. Note too that several mechanisms — committees and ombudsmen — can recommend but not enforce.

2.2.2 Special Mechanisms

2.2.2.1 Contempt of Parliament

Contempt of Parliament is conduct that obstructs or impedes either House in the performance of its functions, or that obstructs a Member or officer of the House. It can be committed by Members of Parliament (MPs) or by others (for example a witness who gives misleading evidence to a committee). Each House has the power to punish contempts; sanctions against a Member can range from a formal reprimand to suspension or, exceptionally, expulsion from the House. This power helps to ensure that those dealing with Parliament maintain a high standard of integrity and honesty.

2.2.2.2 Parliamentary Committees

Parliamentary committees may be classified by their type, and each is given specific functions by Parliament.

Select CommitteesPermanent committees established under the standing orders of each House. They have ongoing scrutiny roles — in particular the departmental select committees of the House of Commons, which examine the work of individual government departments — and continue from one Parliament to the next, although their membership changes after a general election.
Public Bill CommitteesTemporary committees (formerly called Standing Committees) set up to scrutinise a specific Bill at its committee stage in the House of Commons. They cease to exist once their work on that Bill is completed.

Functions — Committees are given specific tasks by Parliament, such as scrutinising legislation, conducting inquiries, and making recommendations. A leading example is the House of Commons Justice Committee, a departmental select committee that examines the expenditure, administration and policy of the Ministry of Justice, including proposed legislation and policy initiatives in legal and constitutional matters.

Select Committees v Public Bill Committees
AspectSelect CommitteesPublic Bill Committees
PermanencePermanent — established under standing ordersTemporary — set up for a specific Bill
LifespanContinue from one Parliament to the nextCease to exist once work on the Bill is completed
RoleOngoing scrutiny of a department or subjectCommittee-stage scrutiny of a single Bill

2.2.3 Comptroller and Auditor General: Detailed Overview

The Comptroller and Auditor General (C&AG), heading the National Audit Office (NAO), is an important instrument of financial accountability. The office is governed by the National Audit Act 1983 and the Budget Responsibility and National Audit Act 2011. Its work can be analysed in terms of its functions and its independence.

Key point
Functions of the Comptroller and Auditor General:
(i) Financial Audits — the C&AG audits the annual accounts of central government departments, agencies and many other public bodies, and reports the results to Parliament.
(ii) Value-for-Money (Performance) Audits — the C&AG has the authority to conduct value-for-money examinations, involving a comprehensive review of the economy, efficiency and effectiveness with which a body has used its resources.
Key point
Independence of the Comptroller and Auditor General:
(i) Statutory Independence — the C&AG is an independent officer of the House of Commons, who has complete discretion in the discharge of their functions and is not subject to direction or control by the Government in relation to the conduct of audits.
(ii) Funding — the National Audit Office's budget is set by the Public Accounts Commission of Parliament, which provides a degree of parliamentary oversight while keeping the office independent of the Government it audits.
Comptroller and Auditor General — Functions and Independence
DimensionDetail
Financial AuditsAudits the annual accounts of central government and other public bodies.
Value-for-Money AuditsComprehensive review of the economy, efficiency and effectiveness of a body's use of resources.
Statutory IndependenceIndependent officer of the House of Commons; complete discretion over functions; not subject to direction by the Government on the conduct of audits.
FundingNAO budget set by the Public Accounts Commission of Parliament — parliamentary oversight, independent of the executive.
Section 2.2 Key Notes:
① Accountability is an actor–forum relationship: the actor must explain and justify and may face consequences.
Six purposes: legitimacy, transparency, control, restoration, punishment, deterrence.
Methods map onto the three organs of state (legislature / executive / judiciary).
Special mechanisms: contempt of Parliament (reprimand → expulsion); committees (select v public bill); the Comptroller and Auditor General (independent officer of the House of Commons, NAO budget set by Parliament).

3. Case Studies

The following case studies illustrate how accountability mechanisms — and in particular public audit — operate in practice in England and Wales. They concern public expenditure and the role of the National Audit Office (NAO) and the Public Accounts Committee (PAC) in scrutinising it.

2.3.1 COVID-19 Procurement and the 'High Priority Lane'

During the COVID-19 pandemic the Government awarded large contracts for personal protective equipment (PPE) at speed and without competition. The National Audit Office examined this expenditure and found that suppliers referred by ministers, MPs and officials were placed in a 'high priority lane' that was around ten times more likely to result in a contract, and that the Department of Health and Social Care had not adequately documented key decisions. The findings were taken up by the Public Accounts Committee, illustrating how financial audit feeds parliamentary scrutiny of executive spending.

2.3.2 Carillion and the Collapse of an Outsourcing Giant

The 2018 collapse of Carillion, a major Government contractor, prompted scrutiny of how public money is committed to outsourced services. The National Audit Office reported on the costs and risks to the taxpayer, and a joint inquiry by the Work and Pensions and the Business, Energy and Industrial Strategy select committees examined the failure. The episode shows how audit findings and select committee inquiries combine to hold both the company and the contracting departments to account, and fuelled calls for greater transparency and accountability in public procurement.

Key point
Lesson from the case studies — Both examples show the value of independent public audit, working alongside parliamentary committees, in exposing weaknesses in the stewardship of public funds. They also show that audit and scrutiny generally operate by reporting and recommendation rather than direct enforcement: the practical effect depends on Parliament, the media and the public acting on the findings.
Section 2.3 Key Notes: ① the NAO and PAC can expose flawed procurement (COVID-19 'high priority lane') and the risks of outsourcing (Carillion); ② audit findings feed parliamentary scrutiny and drive demands for reform; ③ audit and committee scrutiny operate mainly by reporting and recommendation, so the gap between exposing a problem and remedying it depends on the political response.

4. Key Notes (Chapter Summary)

The following summary table consolidates the key items, concepts and references examined in this chapter. Treat it as a revision checklist — you should be able to explain each row from memory.

Chapter 2 — Key Notes Summary
Key ItemsConceptsCases / References
Structure of Central GovernmentMonarch: ceremonial role, Royal Assent. House of Commons: elected, legislative power. House of Lords: revising chamber — life peers and bishops (hereditary peers removed in 2026).Parliament Acts 1911 and 1949; House of Lords (Hereditary Peers) Act 2026
Mechanisms of AccountabilityPurposes: legitimacy; transparency; control; restoration; punishment; deterrence.Separation of powers; ministerial responsibility (Ministerial Code)
Methods (Separation of Powers)Legislature: Parliamentary Committees, Representative Government, Responsible Government. Executive: Commissions, Comptroller and Auditor General, Ombudsmen, Freedom of Information, Tribunals. Judiciary: Tort Law, Criminal Law, Judicial Review.UK Constitutional Law; Human Rights Act 1998; Freedom of Information Act 2000
Special MechanismsContempt of Parliament; types of parliamentary committees (Select, Public Bill).Parliamentary privilege; Erskine May's Parliamentary Practice
Comptroller and Auditor GeneralFinancial Audits; Value-for-Money Audits; Independence.National Audit Act 1983; Budget Responsibility and National Audit Act 2011

5. Task (Written Practice)

The SQE1 is assessed by single best answer questions, but a structured written task remains a valuable way to consolidate your understanding. Attempt the following task in your own words before reviewing the chapter.

Written Task
Explain the role of the Comptroller and Auditor General in ensuring government accountability. Discuss how the Comptroller and Auditor General's functions align with the broader mechanisms of accountability outlined in this chapter. Provide examples from the case studies to support your answer. Please limit your answer to 500 words.
Key point
Guidance — This task assesses your understanding of the Comptroller and Auditor General's role within the framework of governmental accountability mechanisms. You are expected to draw on the material in this chapter, focusing in particular on the C&AG's functions (financial and value-for-money audits), its independence (an independent officer of the House of Commons, with the NAO's budget set by Parliament), and its role in the case studies (COVID-19 procurement; Carillion).
Model answer plan: ① define the Comptroller and Auditor General and its two core functions (financial and value-for-money audits); ② explain its statutory independence as an officer of the House of Commons and the funding arrangements; ③ locate it within the executive-side mechanisms of accountability, alongside the Public Accounts Committee, and link it to the purposes of transparency and control; ④ apply the COVID-19 procurement and Carillion case studies to show both the value and the limits of public audit.

6. MCQ Practice — SQE-Style Questions

The following questions mirror the style and difficulty of the SQE1 FLK1 single best answer questions. Attempt each question closed-book, write down your answer, then turn to the answer key, which explains why each option is correct or incorrect.

Question 1
The Public Accounts Committee has just released a report criticising a government department for financial mismanagement. The department's head argues that the committee has no legal authority to scrutinise their financial records. Which ONE of the following statements is TRUE regarding the authority and functions of parliamentary committees such as the Public Accounts Committee?

A. They can only make recommendations but cannot enforce them.

B. They have the power to prosecute government officials.

C. They can amend or veto legislation.

D. They are chaired by the Prime Minister.

E. They can directly allocate budgets to government departments.

Answer & explanation
Answer: A.
A is correct — parliamentary committees, such as the Public Accounts Committee, have the authority to scrutinise government actions and make recommendations, but they do not have the power to enforce those recommendations. Their role is advisory and investigative.
B is incorrect — committees do not prosecute government officials; prosecution is a function of the criminal justice system.
C is incorrect — committees scrutinise and report on legislation but do not have a general power to amend or veto it.
D is incorrect — committees are not chaired by the Prime Minister.
E is incorrect — committees cannot directly allocate budgets; that is a function of government and Parliament through the supply process. (See Section 2.2.1.)
Question 2
You are a legal advisor. Your client, a Member of Parliament, is concerned about the independence of the Comptroller and Auditor General. He believes that, because the National Audit Office's budget is set by Parliament, this could potentially be a form of control over its functions. Which ONE of the following responses is the BEST advice?

A. The independence of the Comptroller and Auditor General is absolute and not subject to any form of control.

B. Although the National Audit Office's budget is set by Parliament, the Comptroller and Auditor General remains an independent officer of the House of Commons, not subject to direction from anyone, including the Government, in the conduct of audits.

C. The Comptroller and Auditor General is entirely under the control of the Government because the National Audit Office's budget is set by Parliament.

D. The Comptroller and Auditor General is accountable only to the Prime Minister, which limits his or her independence.

E. The independence of the Comptroller and Auditor General depends entirely on his or her personal integrity and professional ethics.

Answer & explanation
Answer: B.
B is correct — although the National Audit Office's budget is set by Parliament (through the Public Accounts Commission), this does not place the office under government control. By law, the Comptroller and Auditor General is an independent officer of the House of Commons, with complete discretion in the discharge of their functions and not subject to direction by anyone, including the Government, in relation to the conduct of audits.
A is incorrect — independence is not absolute; the funding arrangements provide a degree of parliamentary oversight, so it is inaccurate to say there is no form of control.
C is incorrect — the Comptroller and Auditor General is an independent officer of the House of Commons, not under the control of the Government.
D is incorrect — the Comptroller and Auditor General is not accountable to the Prime Minister or any other government minister; the office answers to Parliament.
E is incorrect — while personal integrity and ethics matter, the Comptroller and Auditor General's independence is legally defined by statute and does not rest solely on personal qualities. (See Section 2.2.3.)
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