Jeremy Law’s Post

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Senior Project Delivery Manager | Chartered Logistics | Veteran

I’m already done with this labour government, & based on polls so are 47% of the people that voted for them so leaving this here; The way to demonstrate that a government has lost the confidence of the House of Commons, and with it, the right to govern. A successful "no confidence" motion is a government-killer….and this was the means by which James Callaghan's minority Labour government was ushered from power in 1979, when it lost the support of the smaller parties (although it is less often remembered that it took several attempts, before it worked). But things have changed since then - the late Con-Lib Dem coalition government rewrote this part of the constitution, when it passed the Fixed-Term Parliaments Act. This set out the ground rules for removing a government and, separately, for triggering a general election ahead of schedule. Shaping party tactics At the time it was seen by some as a constitutional fix for a temporary coalition, but it remains in force and shapes party tactics today. Under FTPA, the Commons could remove a government by a simple majority, if it passed a motion in a specified form, and that would start the clock on a 14-day deadline for finding a successor government capable of commanding confidence (motions with different wording would not engage the act). The prime minister would have to advise the monarch who might be best placed to head a new government, and they would then have to submit themselves to a confidence motion, to show that they could command a majority in the Commons. If no new government emerged, the monarch would have to dissolve Parliament. No election needed? There's a separate process to get a two-thirds majority to hold an early election, so the big change is that the Act ends the ability of the prime minister to simply call an election at a moment of their choice, and decouples the removal of a government from the holding of an election. Around 5 years ago, the Commons Public Administration and Constitutional Affairs Committee (PACAC) suggested that MPs would have other options. They argue that any Commons motion which withdrew the confidence of the House from a government should lead to its resignation, because without confidence it would have no right to govern, and in particular no right to levy taxes. What it means is that it would - if the PACAC view holds - be possible to oust a government without triggering that 14-day deadline. So there would be a longer interlude with a caretaker administration keeping the machinery of state ticking over, during which a new government might, or might not, be formed, perhaps with a couple of candidates and party combinations trying their luck. The difference is that his Majesty would have to dissolve Parliament, so there would not be a rigid time limit. Of course, eventually it might become clear that no government could be formed - and then, perhaps FTPA might kick in, with a motion to dissolve Parliament.

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