Alice in Wonderland, or more on the Fixed-term Parliaments Act

As readers will be well aware, I have done various posts on the consequences of the Fixed-term Parliaments Act, including one at the beginning of the month.  In 2017, some thought the ease with which Theresa May gained a two-thirds majority for an early election meant that section 2 was a dead letter and that a Prime Minister could get an election whenever s/he wanted.  However, events this year have borne out what I wrote in my 2016 Parliamentary Affairs article.  The Opposition, and backbenchers, are, in effect, veto players.

They can prevent a two-thirds majority being reached for the motion ‘that there shall be early parliamentary general election’ and may do so by abstaining, as long as there is a division.  The opposition has utilized this power twice recently.

Opposition parties can also opt to abstain in a vote on the motion ‘That this House has no confidence in Her Majesty’s Government’.  By convention, if the Leader of the Opposition tables such a motion, the Government finds time for it to be debated.  It is not obliged to find time if the leader of a third party tables such a motion and has previously declined to find time.

We are now in a bizarre situation in which we have a Prime Minister trying to provoke the tabling of such a motion and – with Labour leader Jeremy Corbyn declining to do so – indicating that, if a third party tables it, time will be found to debate it.  Bear in mind that a motion of no confidence requires only a simple majority to carry.  There is no threshold or turnout requirement.  A confidence vote normally maximizes turnout, but it could be carried on low vote.

In present circumstances, we could thus end up in the situation where Government backbenchers are being encouraged to vote for a motion of no confidence in their own government and the opposition mobilizing its MPs to vote against to prevent it being carried.  They may need to do so in some numbers if it looks as if the SNP will vote for the motion.  Do ministers then vote for the motion as well – i.e. vote no confidence in themselves – to try to ensure it is carried?

About Lord Norton

Professor of Government at Hull University, and Member of the House of Lords
This entry was posted in Uncategorized and tagged , , , . Bookmark the permalink.

3 Responses to Alice in Wonderland, or more on the Fixed-term Parliaments Act

  1. maude elwes says:

    What should be denied any rights at all in that place, are those who do not believe in or are determined not to follow along with, are those who refuse to stand by our representative Democracy. Especially boorish, old, no longer suitable to be part of Parliament who do this regularly. Such as old Prime Ministers we seelingly cannot get rid of. Who use their past fame to impose their present unwanted desires on the public at will.

    In fact, ex outdated PM’s, who no longer hold elected seats, should be exiled as they cannot bear the position of nobody of importance and want to force themselves, like old strippers, on the public for their viewing pleasure. It is an insult to every one of the citizens of this flouted country to have to put up with this nonsense. They are past ideas.

    • maude elwes says:

      Seemingly….Pardon!

      • maude elwes says:

        “If judges make the law in line with their subjective preferences, the only people who can know the law in advance are those familiar with their personal views.

        The Conservative politician argued that judicial decisions now depend less and less on statute or precedent and increasingly on “judges’ subjective views”.

        Reform or disband must be the next steps for any kangaroo court.

        Very scary times if these people wield this power purely based on their personal views. They are no different to Bercow.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s