Power to Act

Cabinet or the Prime Minister has authority to grant "power to act" to a Cabinet committee or a group of Ministers to take decisions on Cabinet's behalf. When that "power to act" is exercised, the decision of the Cabinet committee or group of Ministers is final and does not need to be ratified by Cabinet (although Cabinet needs to be advised of the decision).

Authorisation for "power to act" is normally sought at Cabinet, in advance, at the request of the portfolio Minister if there is a need for a final decision to be made before the next Cabinet meeting. Such requests are often raised as oral items at Cabinet. "Power to act" is occasionally granted by the Prime Minister, as chair of Cabinet, in cases where it is not possible to seek Cabinet's authority in the time available.

The Cabinet minute authorising the "power to act" will state which committee or group of Ministers has the authorisation, the specific issue the authority covers and a date or time period when the authority may be exercised.

When it is a Cabinet committee that has "power to act", the committee's decision will be recorded in a minute and included in the committee's report to Cabinet in the usual way. It will clearly state that the committee made the decision using its "power to act".

When it is a group of Ministers that has "power to act", the portfolio Minister should report to Cabinet as soon as possible the decisions that were made under the "power to act" authority. This will enable a Cabinet minute to formally record the decisions taken.