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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 constitution, for a long time the rules surrounding motions of no confidence were dictated solely by convention. Under the Fixed-term Parliaments Act 2011, a vote of no confidence had to be passed in a specific form in order to create the possibility of an early general election. Under the Act, if the House of Commons passed a motion of no confidence in the government 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 would be held.[4] These practices were ended in 2022, with the repeal of the 2011 Act.

A no-confidence vote was last successfully used on 28 March 1979, when the minority government of James Callaghan was defeated.[5] 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.[6] Before 1979 the last successful motion of no confidence occurred in 1924.[7] The most recent confidence vote instigated by the opposition was held on 16 January 2019, with the government prevailing.[8]

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.[9]

Forms

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Since 1945 there have been three votes of confidence and 23 of no confidence.[10]

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.[5]

Government

[edit]

A motion in this category is often 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. In 2022, the outgoing government of Boris Johnson called a vote of confidence in itself after rejecting the wording of a proposed opposition motion that had signalled no confidence in both the government and Johnson's leadership specifically.[11]

Opposition

[edit]

Opposition motions are initiated by the opposition party and often have little chance of success. By convention, a no-confidence vote takes 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. The motion may either profess no confidence in the Government itself, or 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,[12] in what was described by the BBC as one of the most dramatic nights in Westminster's history.[13]

Particular circumstances

[edit]

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.[5] 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 to a category of motion which does not attempt to remove the government.

List of no-confidence votes

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Successful votes before 1940

[edit]
For a more comprehensive list, see List of successful votes of no confidence in British governments.
Prime Minister in office Party Date Subject of motion Result
Majority against the government 		Consequences
Robert Walpole Whig 28 January 1742 Ministerial petition against the return of 2 Members of Parliament for Chippenham[14] 235–236
1 		The Prime Minister resigned on 11 February 1742.[15]
Frederick North, Lord North Tory 27 February 1782 Motion to end offensive war in America[16] 234–215
19 		The Government resigned on 22 March 1782.[17]
William Pitt the Younger Tory 2 February 1784 Motion of no confidence[18] 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 1784.[19]
Arthur Wellesley, 1st Duke of Wellington Tory 15 November 1830 Motion to consider the Civil List in a committee[20][21] 204–233
29 		The Government resigned on 16 November 1830.
Robert Peel Conservative 7 April 1835 Report on the Irish Church[22] 285–258
27 		The Government resigned on 8 April 1835.[23]
William Lamb, 2nd Viscount Melbourne Whig 4 June 1841 Motion of no confidence[24] 312–311
1 		The Prime Minister advised Queen Victoria to dissolve Parliament, which she did on 23 June 1841.[25]
William Lamb, 2nd Viscount Melbourne Whig 27 August 1841[a] Amendment to the Address[26] 269–360
91 		The Government resigned on 30 August 1841.[b][27]
Robert Peel Conservative 25 June 1846 Second Reading of the Irish Coercion Bill[28] 219–292
73 		The Government resigned on 27 June 1846.[29]
Lord John Russell Whig 20 February 1851 Motion to assimilate county to borough franchise[30] 100–52
48 		The Government resigned on 22 February 1851 but resumed on 3 March 1851.[31]
Lord John Russell Whig 20 February 1852 First Reading of the Local Militia Bill[32] 125–136
11 		The Government resigned on 21 February 1852.[33]
Edward Smith-Stanley, 14th Earl of Derby Conservative 16 December 1852[c] Budget[34] 286–305
19 		The Government resigned on 17 December 1852.[35]
George Hamilton-Gordon, 4th Earl of Aberdeen Peelite 29 January 1855[d] Vote in favour of a select committee to enquire into alleged mismanagement during the Crimean War[36] 305–148
157 		The Government resigned on 30 January 1855.[37]
Henry John Temple, 3rd Viscount Palmerston Whig 3 March 1857 Dissatisfaction with Government explanation of the Arrow affair and the start of the Second Opium War[38] 263–247
16 		The Prime Minister advised Queen Victoria to dissolve Parliament, which she did on 21 March 1857.
Henry John Temple, 3rd Viscount Palmerston Whig 19 February 1858[e] Second Reading of the Conspiracy to Murder Bill[39] 215–234
19 		The Government resigned on 21 February 1858.[40]
Edward Smith-Stanley, 14th Earl of Derby Conservative 10 June 1859[f] Amendment to the Address[41] 323–310
13 		The Government resigned on 11 June 1859.[42]
John Russell, 1st Earl Russell Liberal 18 June 1866 Amendment to the Parliamentary Reform Bill[43][44] 315–304
11 		The Government resigned on 26 June 1866.[45]
William Ewart Gladstone Liberal 12 March 1873 Second Reading of the Irish University Bill[46] 284–287
3 		The Government resigned on 12 March 1873 but resumed on 20 March 1873.[47]
William Ewart Gladstone Liberal 8 June 1885[g] Budget[48] 252–264
12 		The Government resigned on 9 June 1885.[49]
Robert Gascoyne-Cecil, 3rd Marquess of Salisbury Conservative 26 January 1886[h] Amendment to the Address[50] 329–250
79 		The Government resigned on 28 January 1886.[51]
William Ewart Gladstone Liberal 7 June 1886[i] Second Reading of the Government of Ireland Bill[52] 311–341
30 		The Prime Minister advised Queen Victoria to dissolve Parliament, which she did on 26 June 1886.[53]
Robert Gascoyne-Cecil, 3rd Marquess of Salisbury Conservative 11 August 1892[j] Amendment to the Address[54] 350–310
40 		The Government resigned on 11 August 1892.[55]
Archibald Primrose, 5th Earl of Rosebery Liberal 21 June 1895 The Cordite Vote[56] 132–125
7 		The Government resigned on 21 June 1895.[57]
Stanley Baldwin Conservative 21 January 1924 Amendment to the Address[58] 328–251
77 		The Government resigned on 22 January 1924.[59]
Ramsay MacDonald Labour 8 October 1924 Motion in respect of the Campbell Case[60] 364–198
166 		The Prime Minister advised King George V to dissolve Parliament, which he did on 9 October 1924.[61]

Votes since 1940

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The list below includes all confidence motions since 1945 and some between 1940 and 1945. Government-defeated motions are noted in bold.[62]

Prime Minister in office Party Date Subject of motion Result
(Noes–Ayes)
Majority 		Consequences
Neville Chamberlain Conservative 8 May 1940 Motion to adjourn the House[63] 200–281
81 		The Government resigned on 10 May 1940 despite winning the no-confidence vote.
Winston Churchill Conservative 13 May 1940 Vote welcoming the formation of the Government[64] 0–381
381
Winston Churchill Conservative 29 January 1942 Motion of Confidence in His Majesty's Government[65] 1–464
463
Winston Churchill Conservative 2 July 1942 Vote of no confidence in central direction of war[66] 25–475
450
Clement Attlee Labour 6 December 1945 Motion of censure[67] 197–381
184
Winston Churchill Conservative 4 December 1952 Motion of censure[68] 280–304
24
Anthony Eden Conservative 1 November 1956 Amendment to motion[69] 255–324
69
6 December 1956 Amendment to motion[70] 260–327
67
Harold Macmillan Conservative 5 February 1962 Motion to deplore[71] 228–326
98
Harold Macmillan Conservative 26 July 1962 Motion to dissolve parliament[72] 253–351
98
Harold Wilson Labour 10 November 1964 Amendment to address[73] 294–315
21
2 February 1965 Motion to deplore the Government[74] 289–306
17
2 August 1965 Motion of no confidence[75] 290–303
13
27 July 1966 Motion of no confidence[76] 246–325
79
27 July 1966 Motion of no confidence[77] 246–325
79
1 December 1966 Motion of no confidence[78] 246–329
83
24 July 1967 Motion of no confidence[79] 240–333
93
Edward Heath Conservative 17 February 1972 Second Reading of the European Communities Bill[80] 301–309
8
6 March 1972 Motion to condemn the Government[81] 270–317
47
19 November 1973 Motion of no confidence[82] 286–304
18
Harold Wilson Labour 11 March 1976 Motion to adjourn the House[83] 280–297
17
James Callaghan Labour 9 June 1976 Motion of no confidence[84] 290–309
19
23 March 1977 Motion of no confidence[85] 298–322
24
20 July 1977 Motion to adjourn the House[86] 282–312
30
14 December 1978 Motion of confidence[87] 290–300
10
28 March 1979 Motion of no confidence[88] 311–310
1 		The Prime Minister advised Queen Elizabeth II to dissolve Parliament on 7 April 1979.[61]
Margaret Thatcher Conservative 28 February 1980 Motion of no confidence[89] 268–327
59
29 July 1980 Motion of no confidence[90] 274–333
59
27 July 1981 Motion of no confidence[91] 262–334
72
28 October 1981 Motion of no confidence 210–312
102
31 January 1985 Motion to censure[92] 222–395
173
22 November 1990 Motion of no confidence[93] 247–367
120
John Major Conservative 27 March 1991 Motion of no confidence[94] 238–358
120
24 September 1992 Amendment to motion[95] 288–330
42
23 July 1993 Motion of confidence[96] 299–339
40
1 December 1993 Motion of no confidence[97] 95–282
187 		The only modern example of a confidence motion in the House of Lords.
28 November 1994 Second Reading of the European Communities (Finance) Bill[98] 303–330
27
Theresa May Conservative 16 January 2019 Motion of no confidence[99] 306–325
19
Boris Johnson Conservative 18 July 2022 Motion of confidence[100] 238–347
109 		The Government resigned on 6 September 2022 despite winning the vote.

Votes in devolved legislatures

[edit]
Devolved legislature First Minister in office Party Date Subject of motion Result
(Noes–Ayes)
Majority 		Consequences
Welsh Assembly Alun Michael Labour 2 November 1999 Motion of no confidence in the First Secretary[101] 26–8
18 		Political crisis in the Assembly continued over constitutional disagreements and failure of Michael's administration to secure funding from the Treasury for EU Objective One funds. Michael later resigned amid a successful second no confidence motion in February 2000.[102]
Welsh Assembly Alun Michael Labour 9 February 2000 Motion of no confidence in the First Secretary 27–31
4 		Michael resigned as First Secretary and Rhodri Morgan was nominated by the Assembly to succeed him before going on to form a new Labour administration and later a coalition with the Liberal Democrats.[102]
Northern Ireland Assembly Arlene Foster DUP 19 December 2016 Motion of no confidence in the First Minister 36–39
3 		Despite a majority voting in favour, the motion failed due to not obtaining cross-community support so Foster continued as First Minister.[103] She later lost the role automatically when her deputy first minister resigned on 10 January 2017.[104]
Scottish Parliament Humza Yousaf SNP 1 May 2024 Motion of no confidence in the Scottish government[105] 70–58
12 		The Government resigned on 7 May 2024 despite winning the vote.
Senedd Vaughan Gething Labour 5 June 2024 Non-binding motion of no confidence in the First Minister 27–29
2 		Gething announced he would continue as First Minister due to the non-binding nature of the motion.[106] However, he announced his resignation a month later amid a government crisis.

Constitutional practice

[edit]

Before 2011 and after 2021

[edit]

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 required that the government resign or call a general election. 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.[107]

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.[108]

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.[108] Defeats on minor issues do not raise any constitutional questions.[108]

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.

2011–2022

[edit]
Main article: Fixed-term Parliaments Act 2011

Under the Fixed-term Parliaments Act 2011, a passing of a motion of no confidence was one of only two ways in which an early election could occur (the other was 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 was overturned within 14 days by the passing of an explicit motion of confidence. This procedure was 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.[109][110]

In principle, the alternative government could be led by any MP who could draw together enough support for a legislative programme that secured a vote of confidence and, by convention, a request from the monarch to form such a government. In practice, it was likely to be the leader, or a senior member, of a party with a significant number of MPs that could 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 only such motion under the 2011 Act was tabled on 15 January 2019, following the defeat of Theresa May's Brexit deal,[111] and was voted on the following day. May won the vote.

See also

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Notes

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  1. ^ A Friday
  2. ^ A Monday
  3. ^ House adjourned at 3.45AM on 17 December 1852
  4. ^ House adjourned at 1.45AM on 30 January 1855.
  5. ^ House adjourned at 1.30AM on 20 February 1858.
  6. ^ House adjourned at 2.30AM on 11 June 1859.
  7. ^ House adjourned at 1.45AM on 9 June 1885.
  8. ^ House adjourned at 1.15AM on 27 January 1886.
  9. ^ House adjourned at 1.30AM on 8 June 1886.
  10. ^ House adjourned at 12.25AM on 12 August 1892.

References

[edit]
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  2. ^ Haddon, Dr Catherine (14 April 2015). "The (Not So) Fixed-term Parliaments Act". The Institute for Government. Retrieved 16 January 2019.
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  10. ^ "Parliamentary progress: HE Bill". BBC News. 27 January 2004. Retrieved 13 May 2010.
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  44. ^ "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.
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  49. ^ Cook & Keith (1975), p. 33
  50. ^ "Allotments and Small Holdings". Parliamentary Debates (Hansard). House of Commons. 26 January 1886. col. 525.
  51. ^ Cook & Keith (1975), p. 36
  52. ^ "Orders of the Day. – Second Reading. [Adjourned Debate.]". Parliamentary Debates (Hansard). House of Commons. 7 June 1886. col. 1240.
  53. ^ Rallings & Thrasher (2000), p. 121
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  55. ^ Cook & Keith (1975), p. 39
  56. ^ "Army Estimates, 1895–6". Parliamentary Debates (Hansard). House of Commons. 21 June 1895. col. 1712.
  57. ^ Cook & Keith (1975), p. 42
  58. ^ "King's Speech – Debate on the Address". Parliamentary Debates (Hansard). House of Commons. 21 January 1924. col. 680.
  59. ^ Butler & Butler (1994), p. 8
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  61. ^ Jump up to: a b Rallings & Thrasher (2000), p. 122
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  96. ^ "Social Policy Protocol (Confidence Motion)". Parliamentary Debates (Hansard). House of Commons. 23 July 1993. col. 724.
  97. ^ "Government Policies: Confidence". Parliamentary Debates (Hansard). House of Lords. 1 December 1993. col. 635.
  98. ^ "European Communities (Finance) Bill". Parliamentary Debates (Hansard). House of Commons. 28 November 1994. col. 1034.
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Bibliography

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