The Cabinet Refinishing Act

[Hooligan]

Lord Lauriéir and I are presenting two bills together, both of which we hope can be perfected here in the Hopper by our fellow citizens in time for consideration by the Ziu during the February Clark. The first one, creating a Home Ministry and tidying up the Cabinet (and by far the longer-winded of the two bills), is offered here.

The Cabinet Refinishing Act

WHEREAS the various Ministries that serve the Kingdom have had a tendency to become ever more and more various, over time, and

WHEREAS one case in point is the recent discovery that for years we have had a Ministry to whom no minister has been appointed in ages, and

WHEREAS it would do the nation good to know exactly what ministries its government has, and what they do, and

WHEREAS we see in this situation a dang good opportunity to introduce a pretty nifty new cabinet level ministry that we think we need, now

THEREFORE be it resolved by the Ziu that the Cabinet shall be organized as described below, until such time as further legislation shows that we got it wrong, or that it could be done better, cooler, cleverer, or in some otherwise more Talossan way.

1. The Cabinet shall see to the execution of the functions of His Majesty's government, and shall advise the Seneschál as requested, on a scheduled or ad hoc basis.

2. The Cabinet shall consist of the officers listed below:

A. The Seneschál, heading the Prüm Ministrà (Prime Ministry), is responsible for the overall operation and performance of the government, and shall perform all duties assigned to his office by Organic Law. All other Cabinet officers are appointed by the Seneschál (Prime Minister), serve at his pleasure, are responsible to him, and derive their powers from him. Accordingly, anything that any Minister can do (officially), the Seneschál may (if he desires) do himself.

B. The Distáin, who shall serve in the Prime Ministry as deputy to the Seneschál, and shall perform such duties as are delegated to him by the Seneschál. All acts thus delegated and performed shall have the same effect as if performed by the Seneschál himself.

C. The Home Minister, heading the Ministry of Home Affairs, who shall be responsible for the order and well-being of the homeland and its environs. The Ministrà dels Afáes Înphätseschti (Ministry of Home Affairs) shall provide a public presence in or near the Greater Talossan Area, shall assist in the organization of Living Cosâs, shall provide governmental assistance to the organizers of an annual TalossaFest celebration, and to all citizens making the Haxh, and shall take care to guide the Seneschál and other ministers in ever maintaining the connection and bond of Talossans worldwide to their homeland. This Ministry shall include:

• The Büreu dels Afáes Cestoûreschti (Bureau of Cestoûr Affairs), led by the Piaçatéir Naziunál and assisted by bureaucrats known as C'huescoûrs (or "Binkies"), who shall see to it that the interests of Cestoûrs within the homeland receive the proper attention of the government.

D. The Defence Minister, heading the Ministry of Defence, who shall command the armed forces of the Kingdom during peacetime and during times of declared war, subservient in these duties only to the King in his majesty's organic role as Leader of the Armed Forces. During periods of war, the Defence Minister is to be referred to as "War Minister." The Ministrà dal Zefençù (Ministry of Defence) shall also marshal and provide the Invincible Moral Support of the nation to the good and right side of any international conflict, as determined by the government, conveying to the combatants our proud "we would stand with you, but it's safer to stand behind you" stance. The Ministry of Defence shall include:

• The Büreu del Marì (Bureau of the Navy), led by the Amirál (Admiral),
  
• Els Zuávs da l'Altahál Rexhitál (the Zouaves of the Royal Bodyguard), led by El Capitán da l'Altahál (Captain of the Guard),
  
• The Grupâ Primár del Säpençéu (Primary Intelligence Group), administered by the Zirectéir del Säpençéu (Intelligence Director).

E. The Attorney-General, heading the Ministry of Justice, who shall provide legal advice and assistance to the government as requested. The attorney-general and subordinate officers of the Ministrà dal Xhusticiâ (Ministry of Justice) shall prosecute actions brought by the government in the Kingdom's courts, and defend the government against actions brought against it in said courts.

F. The Foreign Minister, heading the Ministry of Foreign Affairs, who shall provide diplomatic relations between the Kingdom and the other nations of the world. The Ministrà dels Afáes Útphätseschti (Ministry of Foreign Affairs) shall establish and maintain all embassies, consulates, and other missions to foreign states, and shall provide each with properly accredited diplomatic or consular staff (including ambassadors, consuls, attachés, spies, and other officers) and administrative and technical staff.

G. The Minister of Culture, heading the Ministry of Culture, who shall promote Talossan culture, including our national language, our musical and sporting heritage, our mythical Berber connections, and all of our other way cool quirks. The Ministrà dal Cúlturâ (Ministry of Culture) shall include:

• The Büreu dals Zuerietâs (Wargames Bureau), administered by the Xhumestreu Naziunál (National Gamemaster), who shall also answer to the code name "Joshua,"
  
• The Büreu del Glheþ Talossán (Language Bureau), administered by the Ladintsch Naziunál. This Bureau shall specifically promote the use of the Talossan language, shall work in concert with all extra-governmental societies and groups to do the same, and shall advise the Department of the Census in the Chancery regarding the creation of Talossan names for citizens who request them.

H. The Finance Minister, heading the Ministry of Finance. The Finance Minister also serves as the Chairman of the Banqeu és Pôst Rexhitál (Royal Bank & Post). The Ministrà dal Finançù (Ministry of Finance) is responsible for setting and implementing the economic policies of the Kingdom, overseeing and authorizing the augmentation and investment of the Royal Treasury and all disbursements therefrom (all of which shall be executed in fact by the Burgermeister of Inland Revenue, an Officer of the Royal Household), and for the design, minting, printing, valuation, distribution, and redemption of all national currency, postage, and commemoratives.

I. The Minister of Stuff, heading the Ministry of Stuff, which shall be responsible for the promotion of the Kingdom through public relations. The Ministrà del Sanavar da Talossa al Ultra-Fiôvân Folâs (Ministry of Stuff) shall dutifully ensure that the Kingdom and events therein are regularly publicized in any and all worldwide media, and shall produce and circulate on a regular basis a national publication for internal and external promotion of all things Talossan.

J. The Minister of Immigration, heading the Ministry of Immigration, which shall be responsible for the execution of the nation's laws appertaining to immigration of new citizens into the realm. The Minister and other officers of the Ministrà dal Înmigraziun (Ministry of Immigration) shall work closely with the Chancery and its Bureau of the Census to ensure that all incoming citizens are properly processed through immigration as provided by law.

3. Each Cabinet Officer shall be empowered to create within his Ministry other subdivisions not listed by this act, but any such reorganization shall require the approval of the Seneschal. Unless otherwise dictated by Talossan Coolness Factor considerations, the principal subdivisions of a Ministry other than the Prime Ministry shall be titled bureaus or sub-ministries, and the principal subdivisions within the Prime Ministry shall be titled agencies or administrations.

4. All ministerial employees subordinate to each Cabinet Officer shall be appointed by the Minister or other ministerial officer in consultation with the Seneschál or other superior officer within the Ministry, unless otherwise provided for by law.

5. All governmental employees other than the Cabinet officers shall retain their offices through changes of government, but may be dismissed at any time by the Seneschál or by any superior officer within the ministry, in accordance with such regulations as may be adopted by or under the authority of the Seneschál. Whenever there is a vacancy in any position without a qualified deputy, the individual holding the position immediately superior to the vacant position shall be responsible for the performance of all duties assigned to the vacant position.

6. For all purposes of protocol, seniority, and precedence, the cabinet ministries shall be ordered as follows: Prime Ministry, Ministry of Foreign Affairs, Ministry of Defence, Ministry of Immigration, Ministry of Stuff, Ministry of Home Affairs, Ministry of Finance, Ministry of Culture, Ministry of Justice.

7. Item 9 of the Table of Precedence Act (34RZ12) is hereby amended to read as follows: "Cabinet members according to the seniority of their ministries."

8. In the absence of any statutory provision directing otherwise, any ministries created hereafter shall take precedence after the Ministry of Justice, in the order of their creation.

9. The Seneschál shall be entitled to the honorific prefix "The Most Honourable." All other cabinet officers shall be entitled to the honorific prefix "The Right Honourable."

10. This act supersedes and replaces any and all existing statutory laws pertaining to the various cabinet ministries which are in conflict with the provisions of this act.

Noi urent q'estadra så:

Baron Hooligan, Senator (Cézembre)
Conta Lauriéir, MC (DOTT)

[Lord Q]

I wonder what GV has to say about this....

[Capt. Sir Mick Preston]

Rises...discovers that his former back bench set has been moved considerably much more closer to the front...

I ask for clarification on a point of order.

"5. All governmental employees other than the Cabinet officers shall retain their offices through changes of government, but may be dismissed at any time by the Seneschál or by any superior officer within the ministry, in accordance with such regulations as may be adopted by or under the authority of the Seneschál. Whenever there is a vacancy in any position without a qualified deputy, the individual holding the position immediately superior to the vacant position shall be responsible for the performance of all duties assigned to the vacant position"

My understanding of this clause us that the Senechal can remove the Secretary of State (and his Deputy) at his whim?

Who holds the position above the Secretary of State? If the Seneshal removes the SoS, and his Deputies, who then would assume this office, according to the proposed amendment?

While I agree that the Cabinet Members serve at the request of the Seneshal...

Why do those outside the Cabinet also serve at the request of the Seneshal?

The Org law is kinda murky about this. To Quote Section 1:

Section 1. The Seneschál shall appoint a Secretary of State to an indefinite term. He may be removed and replaced by law.

Unless I am mistaken (which wouldn't be unusual) I read the Org Law as , the Seneshal can appoint the SoS, he can only be removed by an Act of Law.

Unless, of course, he resigns...and then the Seneshal can name a new SoS.

I ask for definitions of what Offices fall outside the Cabinet, and who and how they are administered.

I'd also ask for a nice cold beer, But I'm not pushing my luck,

(Sits, wondering how the heck my chair got moved next to Sir John's. I must talk to the Royal Housekeeping Office)

[Hooligan]

Azul Mick --

I believe that most of your questions are answered in Statutory Law 35RZ24, as amended (The Royal Household Cleaning Act). In brief:

The Secretary of State is one of the eight Officers of the Royal Household. These eight officers serve (and answer directly to) the King, not the government, and therefore they retain their offices at the pleasure of the Sovereign; they do not lose office when the government changes as a result of the election.

The Secretary of State is unique among the officers in that he is appointed directly by the Prime Minister, and not by the King. However, like the other officers, he serves at the pleasure of the King, who is free to dismiss him from office. The Secretary of State (again, a unique case here too) is the only officer that may also be removed (as you pointed out) by an act of the Ziu.

Each of the other seven officers are appointed by the King. The King is constrained to make these appointments on the recommendation of the Seneschál (well, except for the Chancellor of the Royal Talossan Bar, who is appointed by the King on recommendation of the Senate instead).

So although it is true that the Prime Minister (or, in that one exception case, the Senate) may replace any Officer of the Royal Household (in most cases by simply recommending to the King that he appoint a different person to that office), the fact is that because these officers perform royal services to the King, all of which are non-partisan in nature, each incoming Prime Minister should not find himself with any strong desire to replace any officer, since if the King is unhappy with the job being done for him by that guy, His Majesty would have sacked the loser himself, and asked that the Royal We be provided with a new recommendation.

For the answer to why (and there is a reason) the King must receive a recommendation before he appoints a person to any office, even in his own household, and why it therefore seems that the King is not allowed to use his own brain to decide on the right guy for the job, I would defer to someone more knowledgeable about constitutional monarchical ins-and-outs than I am. If I had to guess, I'd say it's to protect the King from taking the blame if someone gets appointed who turns out to be a complete and utter failure. At the risk of shattering the collective faith in the King (who we all revere as wise-as-all-get-out, ever-vigiliant for his realm, and ever-protective of his Kingdom), he must be insulated from mistakes. The King cannot be held responsible for appointing a ne'er-do-well to office; if that ever happens, the King was really just acting (exactly as required of him) on the horrible recommendation he was given. The King can kick his officers to the curb when they suck, but it's always someone else's fault that they got put into office to suck in the first place.

Hope this helps!

Hooligan

[King John]

One small correction. I don't think the King, on his own stick, can remove the Secretary of State, since the only thing the OrgLaw says about it is "He [the SecState] may be removed and replaced by law." This law, removing and replacing the Secretary of State, could be a regular act of the Ziu, but it could also be a Prime Dictate.

Now, since the Prime Minister can issue a PD himself, and thus effectively sack a Secretary of State, and since the appointment of a new SecState is in the PM's hands, that pretty much amounts to the SecState serving at the will of the PM; and except in very strange circumstances, any SecState will resign if the PM asks him to.

There's one other possible wrinkle here, which I don't think has ever happened — the King could veto the PD (or other law) removing the SecState. (Which veto could then be overridden by the Ziu. Wow.) But it would have to be a pretty serious and strange situation, for the King to insist on keeping in office a Secretary of State that the current Government didn't want.

— John Woolley, UrN, Secretary of State

[Hooligan]

The proposed Ministry of Home Affairs has received (in the draft act here) a better Talossan language translation for its name. Should this ministry be created by the passage of this proposed act, the ministry shall be known in Talossan as the Ministrà dels Afáes Înphätseschti.

I would ask that any comments on or suggestions or corrections for the act proposed in this thread be posted very soon, in hopes that the act can be Clarked for consideration in February by the Ziu.

Hooligan

[Hooligan]

Ten days having elapsed since this draft act was proposed here in the Hopper, and no complaints or suggestions for improvement having been received, Lord Lauriéir and I now ask the Secretary of State -- using the discretion granted to his office that allows the Chancery to accept hopped bills for Clarking after the 21st of the month -- to please include this bill on the Clark for the February session of the Ziu.

Hooligan

[King John]

Of course. This (excellent) Bill will appear on the February Clark.

— John Woolley, UrN, Secretár d'Estat