No-confidence motions: how do they work?

There has been much talk of no-confidence motions in the Commons this week. But there are different kinds of NCMs, and they carry varying degrees of constitutional force.

What has Labour tabled?

Labour has tabled an NCM specifically in Theresa May as prime minister. It was announced by Jeremy Corbyn in the Commons on Monday and reads: “That this house has no confidence in the prime minister due to her failure to allow the House of Commons to have a meaningful vote straight away on the withdrawal agreement and framework for the future relationship between the UK and the EU.”

What effect would it have if it was passed?

In formal terms, none whatsoever. It would be politically damaging for May, and a loss would mean her Democratic Unionist allies and/or some Conservative MPs had sided with Labour and other opposition parties, which would further undermine her authority. But she would not be obliged to do anything.

Will this motion be debated?

There is no obligation for the government to provide Commons time for such a motion, and ministers have initially said they will not. However, there has been speculation this could change if Downing Street believes it could win the vote.

How does a no-confidence vote in the government differ?

Under the Fixed-Term Parliaments Act of 2011, which removed the right of governments to arbitrarily call elections when they want, elections can happen outside the usual five-year cycle in two ways. The first is if more than two-thirds of MPs vote to approve an election, which is how the 2017 poll was called. The second is if an NCM, which must read: “That this house has no confidence in her majesty’s government”, succeeds. Then, unless a specific motion of confidence is passed in the government within 14 days, an election must be called.

Would Theresa May have to resign if she lost this sort of vote?

It’s not very clear. A vote of no confidence in her government would leave May’s authority shredded, and there would be huge pressure on her to go, but it is not set out in the act. So, in theory, May could try to reach out to other parties, or change course, in the hope of winning a confidence motion in the subsequent 14 days.

Would parliamentary time have to be found for such a motion?

Yes. Unlike with the NCM against May herself, one against the government must be debated promptly.

Why doesn’t Labour table such a motion?

That is what the Scottish National party and others are asking Corbyn. Labour has said it only wants to proceed with such a plan at the right time – meaning at a time when it has the most chance of success. That said, Labour is reportedly planning to go ahead with this if no time is provided for the no-confidence vote against the prime minister.