Saturday, 16 Nov 2024

How No Confidence votes in government work and why Corbyn isn’t calling one yet

Jeremy Corbyn being put under pressure to call a no confidence vote in Theresa May’s government.

The SNP, Lib Dems and some of his own MPs want him to act after the shameless PM pulled a vote on her Brexit deal.

Labour’s leader insists he will force a no confidence vote – but not yet.

He says it’s too soon, and there is no point calling one until he’s sure he can win after MPs finally vote on the Brexit deal.

That could be as late as January 21, by which time there won’t be much time left to Brexit Day.

It’s prompted a flurry of claims, accusations and counter-claims, not all of them quite correct.

So how does the process actually work?

We’ve spoken to parliamentary experts and officials, who spoke on condition of anonymity, 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 it work?

Under the Fixed-Term Parliaments Act, a no confidence motion is passed like any other vote in the Commons – by a "simple" (half) majority.

That means if Labour, the SNP, smaller parties, May’s DUP allies and a small clutch of Tories team up, they can pass one.

If this vote is passed, it starts a 14-day countdown clock to the government’s doom.

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.

Other MPs can try and hold and win this vote too – but they would all need to win the support of half the House too.

If it’s still deadlocked, we get a general election.

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 Labour have been clear their preference is to force a general election; which could easily happen by letting the clock run out.

Could the Tories survive a no confidence vote?

Technically yes.

If the Conservative Party finds a way of winning round enough MPs in the 14-day period, there is no general election.

So the government could cling on if, for example, the DUP side with Labour in a no confidence vote – but only to remove Theresa May as leader.

DUP MPs may then back the government again within 14 days on the promise that May is leaving and a leadership election is under way.

Is it 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 to the chair of the backbench 1922 Committee.

Unlike government no confidence votes, which can be called multiple times (below), Tory no confidence votes can only be called once a year.

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 this week 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."

How quickly would a no confidence vote happen?

If Labour does call a no confidence motion the vote should be held the next day.

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 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.

Why isn’t Jeremy Corbyn calling one yet?

More than 30 Labour MPs have called on Jeremy Corbyn to call a no confidence vote in the government this week – and the Lib Dems, SNP, Greens and Plaid Cymru say they’d back one.

But Labour say there’s no point calling a vote until they know they’ll win. And that means getting the DUP on their side.

Sources accuse the SNP of "game-playing" and deliberately calling a vote too soon because they don’t want an election.

Jeremy Corbyn today insisted he would wait until "the appropriate time" to unseat the PM despite calls by four party leaders.

And a Labour spokesman said it was better to wait until after Theresa May finally holds a vote on her Brexit deal – which could be late January.

Shadow Chancellor John McDonnell insisted Labour will review every day whether to try and oust Theresa May.

Pledging to keep plotting how best to remove Mrs May, Shadow Chancellor Mr McDonnell said: “We will judge it as we go on, it will be a fine judgement each day.”

He added: “We will put one down when we can win it .. we are judging it literally day by day.

Shadow Brexit minister Jenny Chapman went much further telling LBC: "It’s gonna happen. It’s on its way.

"I think the vote of confidence will probably come before Santa does if I can put it that way."

But after Labour sources insisted the policy had not changed, she hastily backtracked: "Might have got a bit carried away trying to make a joke about Christmas!

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