The fact that the government of the day must retain the confidence of the House of Commons is the constitutional principle which determines the relationship between Parliament and Government. The Government’s authority to govern is dependent on maintaining the confidence of the House of Commons. This principle remains fundamental to our system of Parliamentary democracy. By convention the confidence of the House has been demonstrated and tested through motions and votes of confidence of the House of Commons.
The purpose of the Fixed-term Parliaments Act 2011 (“the Act”) was to establish fixed five-year election cycles and make provision for early general elections to be called. Therefore, general elections now only occur, and early elections can only be brought about, under the Act. The Act removed the power of the Sovereign to dissolve Parliament, and with this the ability of the Prime Minister to call a general election at a time of their choosing or following a vote of no confidence in the House of Commons.
The Act changed the mechanisms by which an early general election can be brought about. Section 2 of the Act provides for two means by which the House of Commons can bring about an early general election. Section 2(1) allows the House of Commons to call a general election if at least two thirds of all members vote (434 in the current House) in favour. Section 2(3) established that a general election can be brought about following a vote of no confidence. If the House passes the motion “That this House has no confidence in Her Majesty’s Government”, a 14-day period begins, and at the end of this period if the motion “That this House has confidence in Her Majesty’s Government” is not passed a general election will be called.
Section 2 establishes the exact form and wording of statutory motions which engage the provisions of the Act, meaning that only a no confidence motion as set out in the Act can bring about a general election.
The Act provides no guidance on what occurs during the 14-day period following an Fixed-term Parliaments Act 2011 no confidence motion being passed. As the Clerk of the House told us, what occurs during this period is a matter politics, and not of procedure. Evidence to this inquiry and the Cabinet Manual set out that the Prime Minister would be expected to continue in office unless someone else could command the confidence of the House. If someone else could command the confidence of the House, the Prime Minster would be expected to resign. Not doing so would risk drawing the Sovereign into the political process, something the Cabinet Manual is very clear it intends to avoid. At any point during this period, a motion of confidence in Her Majesty’s Government under the Fixed-term Parliaments Act 2011 could be put down and that that would prevent the election. After 14 days a general election would automatically follow.