Motions of no confidence, also called votes of confidence, votes of no-confidence or censure motions, are a feature of the Westminster system of government used in the United Kingdom that requires an executive to retain the confidence of the House of Commons. 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 legislature.
Contents
It is possible for a vote of no confidence to succeed where there is a minority government, a small majority or where there are internal party splits. Where there is a minority government, the government may seek agreements or pacts with minor parties in order to remain in office.
Despite their importance to the British constitution, for a long time the rules surrounding motions of no confidence were dictated by convention. However, since the Fixed-term Parliaments Act 2011, a vote of no confidence means the government has 14 days in which to win a vote of confidence, 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 in a confidence motion which read "That this House has no confidence in Her Majesty's Government". 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. Before 1979 the last successful motion of no confidence occurred in 1924.
Forms
Since 1945 there have been 3 votes of confidence and 23 of no confidence.
Government
Motions of no confidence fall into three categories. Motions initiated by the Government, those initiated by the Opposition, and motions which can be regarded as issues of confidence because of particular circumstances. The first category are effectively threats of dissolution as 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, 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., in what was described by the BBC as one of the most dramatic nights in Westminster's history.
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. 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 and 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.
A Government can also be forced into resigning or calling an election by a lost vote on the Queen's Speech (The government's legislative programme), losing a Finance Bill or a vote on a major issue on which it fought a General Election campaign.
Constitutional practice
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, there is no law to say that the Government has to resign but it is very unlikely they would not and it would cause uproar if they did not. 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.
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.
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. Defeats on minor issues do not raise any constitutional questions.
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.
Fixed Term Act
A motion of no confidence has yet to be called under the terms of the Fixed-term Parliaments Act 2011. It remains to be seen how the act will affect a motion of no confidence in practice.