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Confidence motions in the United Kingdom

Form of legislative motion

Form of legislative motion

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), 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.

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. 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. 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. 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. The most recent confidence vote instigated by the opposition was held on 16 January 2019, with the government prevailing.

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.

Forms

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

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.

Government

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.

Opposition

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, in what was described by the BBC as one of the most dramatic nights in Westminster's history.

Particular circumstances

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 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

Successful votes before 1940

Main article: List of successful votes of no confidence in British governments

Prime Minister in officePartyDateSubject of motionResultMajority against the governmentConsequences
Robert WalpoleWhigs (British political party)}}"Whig28 January 1742[Ministerial petition against the return of 2 Members of Parliament for Chippenham](1742-vote-of-no-confidence-against-the-government-of-sir-robert-walpole)235–2361
Frederick North, Lord NorthTories (British political party)}}"Tory27 February 1782[Motion to end offensive war in America](1782-vote-of-no-confidence-against-the-government-of-lord-north)234–21519
William Pitt the YoungerTories (British political party)}}"Tory2 February 1784[Motion of no confidence](1784-vote-of-no-confidence-against-the-government-of-william-pitt-the-younger)223–20419
Arthur Wellesley, 1st Duke of WellingtonTories (British political party)}}"Tory15 November 1830[Motion to consider the Civil List in a committee](1830-vote-of-no-confidence-against-the-government-of-the-duke-of-wellington)204–23329
Robert PeelConservative Party (UK)}}"Conservative7 April 1835[Report on the Irish Church](1835-vote-of-no-confidence-against-the-government-of-sir-robert-peel)285–25827
William Lamb, 2nd Viscount MelbourneWhigs (British political party)}}"Whig4 June 1841Motion of no confidence312–3111
William Lamb, 2nd Viscount MelbourneWhigs (British political party)}}"Whig27 August 1841Amendment to the Address269–36091
Robert PeelConservative Party (UK)}}"Conservative25 June 1846[Second Reading of the Irish Coercion Bill](1846-vote-of-no-confidence-against-the-government-of-sir-robert-peel)219–29273
Lord John RussellWhigs (British political party)}}"Whig20 February 1851[Motion to assimilate county to borough franchise](1851-vote-of-no-confidence-against-the-government-of-lord-john-russell)100–5248
Lord John RussellWhigs (British political party)}}"Whig20 February 1852[First Reading of the Local Militia Bill](1852-vote-of-no-confidence-against-the-government-of-lord-john-russell)125–13611
Edward Smith-Stanley, 14th Earl of DerbyConservative Party (UK)}}"Conservative16 December 1852[Budget](1852-vote-of-no-confidence-against-the-government-of-the-earl-of-derby)286–30519
George Hamilton-Gordon, 4th Earl of AberdeenPeelite}}"Peelite29 January 1855[Vote in favour of a select committee to enquire into alleged mismanagement during the Crimean War](1855-vote-of-no-confidence-against-the-government-of-the-earl-of-aberdeen)305–148157
Henry John Temple, 3rd Viscount PalmerstonWhigs (British political party)}}"Whig3 March 1857Dissatisfaction with Government explanation of the Arrow affair and the start of the Second Opium War263–24716
Henry John Temple, 3rd Viscount PalmerstonWhigs (British political party)}}"Whig19 February 1858Second Reading of the Conspiracy to Murder Bill215–23419
Edward Smith-Stanley, 14th Earl of DerbyConservative Party (UK)}}"Conservative10 June 1859[Amendment to the Address](1859-vote-of-no-confidence-against-the-government-of-the-earl-of-derby)323–31013
John Russell, 1st Earl RussellLiberal Party (UK)}}"Liberal18 June 1866[Amendment to the Parliamentary Reform Bill](1866-vote-of-no-confidence-against-the-government-of-the-earl-russell)315–30411
William Ewart GladstoneLiberal Party (UK)}}"Liberal12 March 1873Second Reading of the Irish University Bill284–2873
William Ewart GladstoneLiberal Party (UK)}}"Liberal8 June 1885[Budget](1885-vote-of-no-confidence-against-the-government-of-william-gladstone)252–26412
Robert Gascoyne-Cecil, 3rd Marquess of SalisburyConservative Party (UK)}}"Conservative26 January 1886[Amendment to the Address](1886-vote-of-no-confidence-against-the-government-of-the-marquess-of-salisbury)329–25079
William Ewart GladstoneLiberal Party (UK)}}"Liberal7 June 1886[Second Reading of the Government of Ireland Bill](1886-vote-of-no-confidence-against-the-government-of-william-gladstone)311–34130
Robert Gascoyne-Cecil, 3rd Marquess of SalisburyConservative Party (UK)}}"Conservative11 August 1892[Amendment to the Address](1892-vote-of-no-confidence-against-the-government-of-the-marquess-of-salisbury)350–31040
Archibald Primrose, 5th Earl of RoseberyLiberal Party (UK)}}"Liberal21 June 1895[The Cordite Vote](1895-vote-of-no-confidence-in-the-rosebery-ministry)132–1257
Stanley BaldwinConservative Party (UK)}}"Conservative21 January 1924[Amendment to the Address](1924-vote-of-no-confidence-against-the-government-of-stanley-baldwin)328–25177
Ramsay MacDonaldLabour Party (UK)}}"Labour8 October 1924[Motion in respect of the Campbell Case](1924-vote-of-no-confidence-against-the-government-of-ramsay-macdonald)364–198166

Votes since 1940

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

Prime Minister in officePartyDateSubject of motionResult
(Noes–Ayes)MajorityConsequences
Neville ChamberlainConservative Party (UK)}}"Conservative8 May 1940Motion to adjourn the House200–28181
Winston ChurchillConservative Party (UK)}}"Conservative13 May 1940Vote welcoming the formation of the Government0–381381
Winston ChurchillConservative Party (UK)}}"Conservative29 January 1942Motion of Confidence in His Majesty's Government1–464463
Winston ChurchillConservative Party (UK)}}"Conservative2 July 1942Vote of no confidence in central direction of war25–475450
Clement AttleeLabour Party (UK)}}"Labour6 December 1945Motion of censure197–381184
Winston ChurchillConservative Party (UK)}}"Conservative4 December 1952Motion of censure280–30424
Anthony EdenConservative Party (UK)}}"Conservative1 November 1956Amendment to motion255–32469
6 December 1956Amendment to motion260–32767
Harold MacmillanConservative Party (UK)}}"Conservative5 February 1962Motion to deplore228–32698
Harold MacmillanConservative Party (UK)}}"Conservative26 July 1962Motion to dissolve parliament253–35198
Harold WilsonLabour Party (UK)}}"Labour10 November 1964Amendment to address294–31521
2 February 1965Motion to deplore the Government289–30617
2 August 1965Motion of no confidence290–30313
27 July 1966Motion of no confidence246–32579
27 July 1966Motion of no confidence246–32579
1 December 1966Motion of no confidence246–32983
24 July 1967Motion of no confidence240–33393
Edward HeathConservative Party (UK)}}"Conservative17 February 1972Second Reading of the European Communities Bill301–3098
6 March 1972Motion to condemn the Government270–31747
19 November 1973Motion of no confidence286–30418
Harold WilsonLabour Party (UK)}}"Labour11 March 1976Motion to adjourn the House280–29717
James CallaghanLabour Party (UK)}}"Labour9 June 1976Motion of no confidence290–30919
23 March 1977Motion of no confidence298–32224
20 July 1977Motion to adjourn the House282–31230
14 December 1978Motion of confidence290–30010
**28 March 1979****[Motion of no confidence](1979-vote-of-no-confidence-in-the-callaghan-ministry)**{{Cite Hansardhouse=House of Commonsurl=https://api.parliament.uk/historic-hansard/commons/1979/mar/28/her-majestys-government-opposition-motion#column_584date = 28 March 1979column = 584 }}**311–3101**The Prime Minister advised Queen Elizabeth II to dissolve Parliament [on 7 April 1979](1979-united-kingdom-general-election).
Margaret ThatcherConservative Party (UK)}}"Conservative28 February 1980Motion of no confidence268–32759
29 July 1980Motion of no confidence274–33359
27 July 1981Motion of no confidence262–33472
28 October 1981Motion of no confidence210–312102
31 January 1985Motion to censure222–395173
22 November 1990Motion of no confidence247–367120
John MajorConservative Party (UK)}}"Conservative27 March 1991Motion of no confidence238–358120
24 September 1992Amendment to motion288–33042
23 July 1993[Motion of confidence](1993-vote-of-confidence-in-the-major-ministry)299–33940
1 December 1993Motion of no confidence95–282187The only modern example of a confidence motion in the House of Lords.
28 November 1994Second Reading of the European Communities (Finance) Bill303–33027
Theresa MayConservative Party (UK)}}"Conservative16 January 2019[Motion of no confidence](2019-vote-of-confidence-in-the-may-ministry)306–32519
Boris JohnsonConservative Party (UK)}}"Conservative18 July 2022[Motion of confidence](2022-motion-of-confidence-in-the-johnson-ministry)238–347109

Votes in devolved legislatures

Devolved legislatureFirst Minister in officePartyDateSubject of motionResult
(Noes–Ayes)MajorityConsequences
Welsh AssemblyAlun MichaelLabour Party (UK)}}"Labour2 November 1999Motion of no confidence in the First Secretary26–818
Welsh AssemblyAlun MichaelLabour Party (UK)}}"Labour9 February 2000Motion of no confidence in the First Secretary**27–31**4
Northern Ireland AssemblyArlene FosterDemocratic Unionist Party}}"DUP19 December 2016Motion of no confidence in the First Minister**36–39**3
Scottish ParliamentNicola SturgeonScottish National Party}}"SNP23 March 2021Motion of no confidence in the First Minister65–3134
Scottish ParliamentHumza YousafScottish National Party}}"SNP1 May 2024Motion of no confidence in the Scottish government70–5812
SeneddVaughan GethingLabour Party (UK)}}"Labour5 June 2024Non-binding motion of no confidence in the First Minister**27–29**2

Constitutional practice

Before 2011 and after 2021

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.

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.

2011–2022

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.

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, and was voted on the following day. May won the vote.

Notes

References

Bibliography

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