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Confidence motions in the United Kingdom

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In the United Kingdom, confidence motions are a means of testing the support of the government (executive) in a legislative body, and for the legislature to remove the government from office. A confidence motion may take the form of either a vote of confidence, usually put forward by the government, or a vote of no confidence (or censure motion[1]), usually proposed by the opposition. When such a motion is put to a vote in the legislature, if a vote of confidence is defeated, or a vote of no confidence is passed, then the incumbent government must resign, or call a general election.[2]

It is a fundamental principle of the British constitution that the government must retain the confidence of the legislature, as it is not possible for a government to operate effectively without the support of the majority of the people's representatives.[3] At the national level, this means that the UK government (the cabinet) must retain the confidence of a majority in the House of Commons.

It is possible for a vote of no confidence to succeed where there is a minority government or a small majority, or where there are internal party splits leading to some members of the ruling party voting against its leaders. Where there is a minority government, the government may seek agreements or pacts with other parties in order to prevail in the vote and remain in office.

Despite their importance to the British constitution, for a long time the rules surrounding motions of no confidence were dictated solely by convention. However, since the Fixed-term Parliaments Act 2011, a vote of no confidence must be passed in a specific form in order to create the possibility of an early general election. Under the Act, if a motion of no confidence in the government is passed in express terms, the house must then adopt a vote of confidence in that same or an alternative government within 14 days, or a general election is held.

A no confidence vote was last successfully used on 28 March 1979, when the minority government of James Callaghan was defeated.[4] A no confidence vote can have the effect of uniting the ruling party; for this reason such motions are rarely used and successful motions are even rarer.[5] Before 1979 the last successful motion of no confidence occurred in 1924.[6] The most recent confidence vote instigated by the opposition was held in January 2019, with the government prevailing.[7]

Defeat of a motion of no-confidence (or winning a vote of confidence) does not provide protection to the government in power for any specific length of time. MPs from any political party may propose another vote immediately, although are unlikely to do so due to convention and potential weakening of their own standing.[8]

Forms

Since 1945 there have been three votes of confidence and 23 of no confidence.[9]

Confidence motions fall into three categories:

  • Explicit motions initiated by the Government
  • Explicit motions initiated by the Opposition
  • Motions which can be regarded as issues of confidence because of particular circumstances[4]

Government

The first category is effectively a threat of dissolution by the government, in order to persuade backbench MPs to support a bill. One such threat occurred in 1993 so that John Major could pass the Social Chapter of the Maastricht Treaty.

Opposition

Opposition motions are initiated by the Opposition party and often occur with little chance of a confidence motion succeeding. By convention a no confidence vote will take precedence over normal Parliamentary business for that day and will begin with Speeches from the Prime Minister and the Leader of the Opposition rather than the Ministers for the policy area which may be the concern of the motion. Not every no confidence motion will profess no confidence in the Government itself, some no confidence motions only state no confidence in the particular policies of a government. Probably the most famous no confidence motion was on the night of 28 March 1979 when Jim Callaghan's Labour Government fell from office by one vote, 311–310,[10] in what was described by the BBC as one of the most dramatic nights in Westminster's history.[11]

Particular circumstances

Although there is no commonly accepted and comprehensive definition of a confidence motion, it is possible to identify confidence motions from their timing, the speakers and the terms of the motion.[4] Motions of confidence are supportive of the government whereas motions of no confidence are unsupportive of the government. It can be difficult to distinguish an opposition no-confidence motion from other opposition motions critical of Government policy. The term censure motion can also refer a category of motion which does not attempt to remove the government.

Prior to the Fixed-term Parliament Act losing such confidence could result in a general election, however now an explicit motion is required for this.[12]

Successful no confidence votes

For a more comprehensive list, see List of votes of no confidence in British governments.
Colour key
(for political parties)
  Whig
  Tory
  Conservative
  Peelite/Whig
  Liberal
  Labour
Prime Minister in office Date Subject of motion Result and majority against the government Consequences
style="background-color: Template:Whigs (British political party)/meta/color" | Sir Robert Walpole, later The Earl of Orford 28 January 1742 Ministerial petition against the return of 2 Members of Parliament for Chippenham[13] 235–236 & 1 The Prime Minister resigned on 11 February.[14]
style="background-color: Template:Tories (British political party)/meta/color" | Lord North 27 February 1782 Motion to end offensive war in America[15] 234–215 & 19 The Government resigned on 22 March.[16]
style="background-color: Template:Tories (British political party)/meta/color" | William Pitt the Younger 2 February 1784 Motion of no confidence[17] 223–204 & 19 With the King's support, the Prime Minister refused to resign. Two more motions of no confidence were passed in the following weeks with smaller majorities. Once he was confident no further motions could be passed, the Prime Minister finally advised King George III to dissolve Parliament, which he did on 25 March.[18]
style="background-color: Template:Tories (British political party)/meta/color" | The Duke of Wellington 15 November 1830 Motion to consider the Civil List in a committee[19][20] 204–233 & 29 The Government resigned on 16 November.
style="background-color: Template:Conservative Party (UK)/meta/color" | Sir Robert Peel 7 April 1835 Report on the Irish Church[21] 285–258 & 27 The Government resigned on 8 April.[22]
style="background-color: Template:Whigs (British political party)/meta/color" | The Viscount Melbourne 4 June 1841 Motion of no confidence[23] 312–311 & 1 The Prime Minister advised Queen Victoria to dissolve Parliament, which she did on 23 June.[24]
style="background-color: Template:Whigs (British political party)/meta/color" | The Viscount Melbourne 27 August 1841[25] Amendment to the Address[26] 269–360 & 91 The Government resigned on 30 August.[27][28]
style="background-color: Template:Conservative Party (UK)/meta/color" | Sir Robert Peel 25 June 1846 Irish Coercion Bill[29] 219–292 & 73 The Government resigned on 27 June.[30]
style="background-color: Template:Whigs (British political party)/meta/color" | Lord John Russell (later The Earl Russell) 20 February 1851 Motion to assimilate county to borough franchise[31] 100–52 & 48 The Government resigned on 22 February but resumed on 3 March.[32]
style="background-color: Template:Whigs (British political party)/meta/color" | Lord John Russell (later The Earl Russell) 20 February 1852 Local Militia Bill[33] 125–136 & 11 The Government resigned on 21 February.[34]
style="background-color: Template:Conservative Party (UK)/meta/color" | The Earl of Derby 16 December 1852[35] Budget[36] 286–305 & 19 The Government resigned on 17 December.[37]
style="background-color: Template:Peelite/meta/color" | The Earl of Aberdeen 29 January 1855[38] Vote in favour of a select committee to enquire into alleged mismanagement during the Crimean War[39] 305–148 & 157 The Government resigned on 30 January.[40]
style="background-color: Template:Whigs (British political party)/meta/color" | The Viscount Palmerston 3 March 1857 Dissatisfaction with Government explanation of the Arrow affair and the start of the Second Opium War[41] 263–247 The Prime Minister advised Queen Victoria to dissolve Parliament, which she did on 21 March.
style="background-color: Template:Whigs (British political party)/meta/color" | The Viscount Palmerston 19 February 1858[42] Bill which made it a felony to plot in Britain to murder someone abroad[43] 215–234 & 19 The Government resigned on 21 February.[44]
style="background-color: Template:Conservative Party (UK)/meta/color" | The Earl of Derby 10 June 1859[45] Amendment to the Address[46] 323–310 & 13 The Government resigned on 11 June.[47]
style="background-color: Template:Liberal Party (UK)/meta/color" | The Earl Russell (formerly Lord John Russell) 18 June 1866 Amendment to the Parliamentary Reform Bill[48][49] 315–304 & 11 The Government resigned on 26 June.[50]
style="background-color: Template:Liberal Party (UK)/meta/color" | William Ewart Gladstone 12 March 1873 Irish University Bill[51] 284–287 & 3 The Government resigned on 12 March but resumed on 20 March.[52]
style="background-color: Template:Liberal Party (UK)/meta/color" | William Ewart Gladstone 8 June 1885[53] Budget[54] 252–264 & 12 The Government resigned on 9 June.[55]
style="background-color: Template:Conservative Party (UK)/meta/color" | The Marquess of Salisbury 26 January 1886[56] Amendment to the Address[57] 329–250 & 79 The Government resigned on 28 January.[58]
style="background-color: Template:Liberal Party (UK)/meta/color" | William Ewart Gladstone 7 June 1886[59] The Government of Ireland Bill[60] 311–341 & 30 The Prime Minister advised Queen Victoria to dissolve Parliament, which she did on 26 June.[61]
style="background-color: Template:Conservative Party (UK)/meta/color" | The Marquess of Salisbury 11 August 1892[62] Amendment to the Address[63] 350–310 & 40 The Government resigned on 11 August.[64]
style="background-color: Template:Liberal Party (UK)/meta/color" | The Earl of Rosebery 21 June 1895 The Cordite Vote[65] 132–125 & 7 The Government resigned on 21 June.[66]
style="background-color: Template:Conservative Party (UK)/meta/color" | Stanley Baldwin 21 January 1924 Amendment to the Address[67] 328–251 & 77 The Government resigned on 22 January.[68]
style="background-color: Template:Labour Party (UK)/meta/color" | Ramsay MacDonald 8 October 1924 Motion in respect of the Campbell Case[69] 364–198 & 166 The Prime Minister advised King George V to dissolve Parliament, which he did on 9 October.[70]
style="background-color: Template:Labour Party (UK)/meta/color" | James Callaghan 28 March 1979 Motion of no confidence[71] 311–310 & 1 Queen Elizabeth II dissolved Parliament on 7 April.[70]

Constitutional practice

Before 2011

If a government wins a confidence motion they are able to remain in office. If a confidence motion is lost then the Government is obliged to resign or seek a dissolution of Parliament and call a General Election. Although this is a convention, prior to the 2011 Fixed-term Parliaments Act there was no law which requires that the Government resign or call a GE. Modern practice shows dissolution rather than resignation to be the result of a defeat. The government is only obliged to resign if it loses a confidence vote, although a significant defeat on a major issue may lead to a confidence motion.

During the period 1945–1970 Governments were rarely defeated in the House of Commons and the impression grew that if a Government was defeated it must reverse the decision, seek a vote of confidence, or resign.[72]

Brazier argues: "it used to be the case that a defeat on a major matter had the same effect as if an explicit vote of confidence had carried" but that a development in constitutional practice has occurred since the 1970s. Thatcher's defeat over the Shops Bill 1986 did not trigger a confidence motion despite being described as 'a central piece of their legislative programme'. The government simply accepted that they could not pass the bill and gave assurances to Parliament that they would not introduce it.[73]

After a defeat on a major issue of government policy the Government may resign, dissolve Parliament, or seek a vote of confidence from the House. Recent historical practice has been to seek a vote of confidence from the House. John Major did this after defeat over the Social Protocol of the Maastricht Treaty.[73] Defeats on minor issues do not raise any constitutional questions.[73]

A proposed motion of no confidence can force a resignation. For example, in 2009 the proposed vote of no confidence in the Speaker of the House of Commons forced the resignation of Michael Martin in the wake of the Parliamentary Expenses Scandal. Several MPs breached a constitutional convention and openly called for the resignation of the Speaker.

From 2011

Main article: Fixed-term Parliaments Act 2011

Under the act, a passing of a motion of no confidence is one of only two ways in which an early election can occur (the other is a motion to hold an early election passed by at least two-thirds of MPs). Following a successful motion, Parliament must dissolve, unless the motion is overturned within 14 days by the passing of an explicit motion of confidence. This procedure is designed to allow a minority government time to seek the support of other parties (as a formal coalition or with a confidence and supply arrangement) to avoid having to face re-election, or to allow an alternative government to be formed.[74][75]

In principle, the alternative government could be led by any MP who can draw together enough support for a legislative programme that secures a vote of confidence and, by convention, a request from the Queen to form such a government. In practice, it is likely to be the leader, or a senior member, of a party with a significant number of MPs in the House that can achieve this. In turn they could be expected to bring about an early election using the two-thirds of MPs provision of the Fixed-Term Act to gain a popular mandate for their programme.

The first such motion under the 2011 Act was tabled on 15 January 2019, following the defeat of Theresa May's Brexit deal,[76] and was voted on the following day. See 2019 motion of no confidence in the May ministry.

See also

References

  1. ^ "Censure motions". BBC News. 13 August 2008. Retrieved 13 May 2010.
  2. ^ Haddon, Dr Catherine. "The (Not So) Fixed-term Parliaments Act". The Institute for Government. Retrieved 16 January 2019.
  3. ^ http://www.parliament.uk/documents/commons-information-office/m07.pdf
  4. ^ a b c "Archived copy" (PDF). Archived from the original (PDF) on 15 April 2010. Retrieved 31 May 2009.{{cite web}}: CS1 maint: archived copy as title (link)
  5. ^ http://www.parliament.uk/parliament/guide/account.htm
  6. ^ http://library.thinkquest.org/C0126211/pag/gov/hc.html
  7. ^ "May calls on MPs from all parties to 'put self-interest aside'". The Guardian. 17 January 2019. ISSN 0261-3077. Retrieved 10 August 2019.
  8. ^ https://www.mirror.co.uk/news/politics/how-no-confidence-vote-government-13720023
  9. ^ "Parliamentary progress: HE Bill". BBC News. 27 January 2004. Retrieved 13 May 2010.
  10. ^ "1979: Early election as Callaghan defeated". BBC News. 28 March 1979. Retrieved 19 April 2015.
  11. ^ "The Night the Government Fell". BBC News. 26 March 2009. Retrieved 20 April 2010.
  12. ^ Kelly, Richard. "Confidence motions". House of Commons Library.
  13. ^ "III. The Second Whig Opposition, 1722–42 – History of Parliament Online". Retrieved 15 June 2016.
  14. ^ Langford, Paul (1 January 1998). A Polite and Commercial People: England, 1727–1783. Clarendon Press. ISBN 9780198207337. Retrieved 15 June 2016 – via Google Books.
  15. ^ "Frederick North". Retrieved 15 June 2016.
  16. ^ "History of Lord Frederick North – GOV.UK". Retrieved 15 June 2016.
  17. ^ "A Handbook in Outline of the Political History of England to 1881". Rivingtons. 1 January 1894. Retrieved 15 June 2016 – via Google Books.
  18. ^ 1784 British general election
  19. ^ "Committee Upon the Civil List". Parliamentary Debates (Hansard). House of Commons. 15 November 1830. col. 549.
  20. ^ O'Gorman, Frank (14 January 2016). The Long Eighteenth Century: British Political and Social History 1688–1832. Bloomsbury Publishing. ISBN 9781472508935. Retrieved 15 June 2016 – via Google Books.
  21. ^ "Church of Ireland". Parliamentary Debates (Hansard). House of Commons. 7 April 1835. col. 969.
  22. ^ Cook & Keith (1975), p. 4
  23. ^ "Confidence in the Ministry – Adjourned Debate (Fifth Day)". Parliamentary Debates (Hansard). House of Commons. 4 June 1841. col. 1241.
  24. ^ Rallings & Thrasher (2000), p. 120
  25. ^ A Friday
  26. ^ "Address in Answer to the Speech – Adjourned Debate, Fourth Night". Parliamentary Debates (Hansard). House of Commons. 27 August 1841. col. 449.
  27. ^ A Monday
  28. ^ Cook & Keith (1975), p. 6
  29. ^ "Protection of Life (Ireland) Bill – Adjourned Debate – (Sixth Night)". Parliamentary Debates (Hansard). House of Commons. 25 June 1846. col. 1027.
  30. ^ Cook & Keith (1975), p. 8
  31. ^ "County Franchise". Parliamentary Debates (Hansard). House of Commons. 20 February 1851. col. 869.
  32. ^ "NEWS OF THE WEEK. » 8 Mar 1851 » The Spectator Archive". Retrieved 15 June 2016.
  33. ^ "Local Militia". Parliamentary Debates (Hansard). House of Commons. 20 February 1852. col. 874.
  34. ^ Cook & Keith (1975), p. 11
  35. ^ House adjourned at 3.45AM on 17 December
  36. ^ "Ways and Means – Financial Statement – Adjourned Debate (Fourth Night)". Parliamentary Debates (Hansard). House of Commons. 16 December 1852. col. 1693.
  37. ^ Cook & Keith (1975), p. 14
  38. ^ House adjourned at 1.45AM on 30 January
  39. ^ "Army (Crimea) – The Conduct of the War, and Condition of the Army. – Adjourned Debate. – (Second Night.)". Parliamentary Debates (Hansard). House of Commons. 29 January 1855. col. 1230.
  40. ^ Cook & Keith (1975), p. 16
  41. ^ "Resolution". Parliamentary Debates (Hansard). House of Commons. 3 March 1857. col. 1846.
  42. ^ House adjourned at 1.30AM on 20 February
  43. ^ "Conspiracy to Murder Bill – Second Reading". Parliamentary Debates (Hansard). House of Commons. 19 February 1858. col. 1844.
  44. ^ Cook & Keith (1975), p. 18
  45. ^ House adjourned at 2.30AM on 11 June
  46. ^ "The Address in Answer to Her Majesty's Speech. – Amendment. – Debate Resumed. (Third Night)". Parliamentary Debates (Hansard). House of Commons. 10 June 1859. col. 416.
  47. ^ Cook & Keith (1975), p. 21
  48. ^ The vote is not recorded in the online Hansard, but is referred to at "The Ministerial Crisis". Parliamentary Debates (Hansard). House of Commons. 26 June 1866.
  49. ^ "The Collected Works of John Stuart Mill, Volume XXVIII – Public and Parliamentary Speeches Part I November 1850 – November 1868 – Online Library of Liberty". Retrieved 15 June 2016.
  50. ^ Cook & Keith (1975), p. 22
  51. ^ "University Education (Ireland) Bill – [Bill 55.] – Second Reading. Adjourned Debate". Parliamentary Debates (Hansard). House of Commons. 11 March 1873. col. 1863.
  52. ^ Barker, George Fisher Russell; Dauglish, Milverton Godfrey (1 January 1886). Historical and Political Handbook. Chapman. Retrieved 15 June 2016 – via Internet Archive.
  53. ^ House adjourned at 1.45AM on 9 June
  54. ^ "Customs and Inland Revenue Bill. – [Bill 154.] – Second Reading". Parliamentary Debates (Hansard). House of Commons. 8 June 1885. col. 1511.
  55. ^ Cook & Keith (1975), p. 33
  56. ^ House adjourned at 1.15AM on 27 January
  57. ^ "Allotments and Small Holdings". Parliamentary Debates (Hansard). House of Commons. 26 January 1886. col. 525.
  58. ^ Cook & Keith (1975), p. 36
  59. ^ House adjourned at 1.30AM on 8 June
  60. ^ "Orders of the Day. – Second Reading. [Adjourned Debate.]". Parliamentary Debates (Hansard). House of Commons. 7 June 1886. col. 1240.
  61. ^ Rallings & Thrasher (2000), p. 121
  62. ^ House adjourned at 12.25AM on 12 August
  63. ^ "Address in Answer to Her Majesty's Most Gracious Speech". Parliamentary Debates (Hansard). House of Commons. 11 August 1892. col. 430. "Order of the Day. – Division List". Parliamentary Debates (Hansard). House of Commons. 11 August 1892. col. 433.
  64. ^ Cook & Keith (1975), p. 39
  65. ^ "Army Estimates, 1895–6". Parliamentary Debates (Hansard). House of Commons. 21 June 1895. col. 1712.
  66. ^ Cook & Keith (1975), p. 42
  67. ^ "King's Speech – Debate on the Address". Parliamentary Debates (Hansard). House of Commons. 21 January 1924. col. 680.
  68. ^ Butler & Butler (1994), p. 8
  69. ^ "Vote of Censure Proposed. – Attorney-General's Explanation". Parliamentary Debates (Hansard). House of Commons. 8 October 1924. col. 700.
  70. ^ a b Rallings & Thrasher (2000), p. 122
  71. ^ "Service Widows (Provision of Pensions) – Her Majesty's Government (Opposition Motion)". Parliamentary Debates (Hansard). House of Commons. 28 March 1979. col. 584.
  72. ^ "House of Commons: Government Defeats". Retrieved 15 June 2016.
  73. ^ a b c "Revolts" (PDF). Revolts.
  74. ^ "Fixed-term Parliaments Act 2011". parliament.uk.
  75. ^ "Q&A: Fixed term parliaments". 13 September 2010. Retrieved 4 May 2019.
  76. ^ "PM's Brexit deal rejected by MPs". 15 January 2019. Retrieved 15 January 2019.

Bibliography

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