Rules are important. When their discipline vanishes, those who are expected to apply them and to obey them are left without a compass. That has already happened to ministerial responsibility, where politicians were once held responsible for the actions of their Departments.
This gradual erosion of accountability has now prompted some Ministers to reject collective Cabinet responsibility because they wish to support legislation that provides for abortion in cases of fatal foetal abnormality.
The legislation, proposed by Independents 4 Change TD Mick Wallace, represents a humane response to intensely difficult personal circumstances. But it is a controversial measure – some colleagues of the rebellious Independent Alliance Ministers intend to vote against it – and is also intrinsically flawed. Attorney General Máire Whelan advised the Cabinet the Bill is unconstitutional, while medical experts maintain its passage will not change existing hospital practices.
So, why all the histrionics in Government? And why are Independent Alliance Ministers Shane Ross and Finian McGrath and junior Minister John Halligan not prepared to wait, like Independent Ministers Katherine Zappone and Denis Naughten, for the issue to be ventilated before a Constitutional Assembly and an Oireachtas committee?
The reasons are grounded in their pre-election criticisms of the whip system and undertakings to reform it. Having supported similar legislation while in opposition, they are unwilling to be seen to oppose it in government. Voter perception and anticipated criticism of ‘U-turns’ were compelling factors in seeking a free vote.
Collective Cabinet responsibility is a convention that requires ministers to support government decisions, even if they do not agree with them. Article 28 of the Constitution stipulates the Cabinet “shall meet and act as a collective authority” and the programme for government specifically requires ministers to be bound by collegiate responsibility.
In the past, dissenting ministers remained silent, resigned or were sacked by the taoiseach. Refusing a request for a free ministerial vote, Enda Kenny called for a unified approach.
Now that Independent Alliance Ministers have declared they will support the Private Members’ Bill, rather than abstain, senior Fine Gael Ministers are insisting the development will not destabilise the Government.
They are in denial: this challenge has eroded the declining authority of Mr Kenny while the fissiparous, undisciplined nature of the minority Government has become more pronounced.
An à la carte attitude to rules and conventions has infused politics since the economic crash. Elected representatives defy the law and encourage others not to pay public charges. Now Ministers aspire to be both part of and separate from Government. Surely such "new politics" is unsustainable?