How a vote of no confidence works – and can topple the government in 14 days
Boris Johnson could face a no confidence vote in his government after saying he'd Parliament to force through a no-deal Brexit.
The Prime Minister has enraged opposition MPs with his vow to leave the EU, deal or no deal, on October 31 regardless of the view of the Commons.
If the government were to lose a no confidence vote, and fail to win round MPs, it would be toppled after 14 days forcing a general election.
Jeremy Corbyn called a no confidence vote in Theresa May's government in January, but it failed by 19 votes after Mrs May's allies – 10 DUP MPs – sided with her to keep her in power.
Since then, however, Boris Johnson's majority has dropped to just one. And there has been speculation that some Tory Remainer rebels could withdraw their support for him.
So how does the process actually work? We've spoken to parliamentary experts and officials and explained it as best we can below.
What is a no confidence vote in the government?
A no confidence vote is the main way of toppling the government of the day.
It involves all MPs voting on a motion in the House of Commons that says they have "confidence" or "no confidence" in Her Majesty's Government.
Since 2011 there has been a specific system for the main type of no confidence vote.
How does a vote of no confidence work?
A motion of no-confidence has to be tabled in the House of Commons on a day when Parliament is sitting.
Anyone can do this, but for it to be guaranteed debating time, it usually has to be led by the Leader of the Opposition (Jeremy Corbyn).
Once a motion is tabled, a debate and vote is usually held the next day.
Under the Fixed-Term Parliaments Act, a no confidence motion can be 'won' like any other vote in the Commons – by a "simple" (half of MPs) majority.
That means if Labour , the SNP , smaller parties and a small clutch of Tory rebel remainers team up, they can pass one.
If this vote is passed, it starts a 14-day countdown clock to a general election campaign.
The PM can stay in office for these 14 days. But they must win a second vote with support from at least half of MPs within two weeks, otherwise a general election is triggered automatically.
Once an election is triggered, there is a further countdown of 25 working days to polling day.
Other MPs can try to hold and win a confidence vote in the 14-day period – to install a caretaker Prime Minister, for example – but they would all need to win the support of half the House too.
If it's still deadlocked, we get a general election.
What is Jeremy Corbyn's plan for a vote of no confidence?
Jeremy Corbyn has said he and Labour will bring a vote of no confidence in the government at some point. But he hasn't said when.
This is because success depends on MPs from other parties supporting him.
His original hope, to bring one quickly after Parliament returned on September 3, fell flat because the Lib Dems wouldn't back him as a caretaker PM.
Instead opposition leaders agreed to look at legislation to block no-deal Brexit, before going for the 'nuclear option' of a no-confidence vote.
But Boris Johnson's decision to suspend Parliament by September 12, for more than a month, could force Jeremy Corbyn's hand. Either he must take action before September 12 or he won't have a chance until it's too late.
Would Boris Johnson survive a vote of no confidence?
Quite possibly.
The Prime Minister technically has a majority of exactly one in the House of Commons, even with his DUP allies on his side. That suggests just one Tory MP would need to switch sides to topple him.
But the reality is more complicated, because some MPs 'against' the Prime Minister are actually with him on an ideological level, and wouldn't vote to topple him. That includes independent MP Charlie Elphicke.
What is the current make-up of the Commons?
If he loses, would Boris Johnson be forced to resign?
Legally, no.
The Prime Minister could fight the general election that ensues on a ticket of delivering Brexit.
There is also a suggestion he could use Parliamentary trickery to delay the date of that election – just long enough so it happens after October 31.
That would mean Brexit, potentially, happens anyway despite an election campaign based on halting it.
Who can bring a no confidence motion?
Technically, any MP can.
But the convention is that it is only guaranteed a debate and vote – and therefore any effect – if it's moved by the leader of the official opposition.
Speaker John Bercow said the "ordinary working assumption" is a motion will be taken forward if offered by the opposition.
Parliament's rulebook Erskine May adds: "By established convention the Government always accedes to the demand from the Leader of the Opposition to allot a day for the discussion of a motion tabled by the official Opposition which, in the Government’s view, would have the effect of testing the confidence of the House."
Can Corbyn call a no confidence vote more than once?
Yes.
Unlike a Tory leadership challenge, which can only be called once a year, Jeremy Corbyn can call multiple no confidence votes. He can even call a second no confidence vote a day after the first one fails.
But this would be politically damaging because Labour could be accused of "crying wolf".
And insiders argue multiple votes would "stretch the convention" that they are only used when really necessary.
Is this the same as a Tory no confidence vote?
No.
This is a completely different process.
A Tory leadership challenge is triggered by 48 Tory MPs submitting letters of no confidence to the chair of the backbench 1922 Committee.
Unlike government no confidence votes, which can be called multiple times (above), Tory no confidence votes can only be called once a year.
Because Theresa May survived a Tory no confidence vote in December 2018, another couldn't be called in her until December 2019. After she quit, Tory MPs can call a no confidence vote in Boris Johnson as leader, but that's very unlikely.
Can Corbyn use it to seize power without an election?
Technically yes, but the road to this is unclear.
It's thought it would need the Leader of the Opposition to be sent for by the Queen to try and command support.
There is no duty for this to happen automatically. And the Lib Dems made clear they would not back Jeremy Corbyn as a caretaker PM.
Is there any other way to have a no confidence vote?
Yes.
The Commons Constitution Committee has decreed that the Fixed-Term Parliaments Act is NOT the only way to hold a confidence vote.
If the government makes something a "confidence issue", there's no 14-day clock – but it's still treated as a confidence vote all the same.
In both cases, the government either has to give up and allow a general election, or to retain the confidence of the House through a further, second vote.
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