Once the election results are in, how do we decide who forms the government?

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Robert Hazell summarises the process of government formation that will begin tomorrow.

By Friday morning we should know most of the election results. Assuming the polls are proved correct, with Labour and the Conservatives each having around 270 to 280 seats, and both well short of a majority, what happens next? Answer: this is not a political or constitutional crisis. The parties will negotiate to work out who can command confidence in the new Parliament. That will be formally established in the vote on the Queen’s Speech in 3-4 weeks’ time. In the meantime the Cameron government remains in office as a caretaker government.

Who governs in the meantime?

If Nick Clegg and the Liberal Democrats choose to resign (because they have done badly, or to strengthen their negotiating position) Cameron still remains in office as Prime Minister. He may leave the Lib Dem positions vacant, or fill just a few in case of emergencies (e.g. Energy Secretary). The incumbent government will be able to respond to any emergencies at home or abroad, but otherwise is limited in the decisions it can make. Ministers remain in office, even if they have lost their seats. Under the caretaker convention, the government will try to avoid taking any decisions which might bind the hands of a future government. This means that it should not embark on any new policy, let any major government contracts, or make any senior public appointments. If these are unavoidable, it should consult first with the opposition parties: as Alistair Darling did before going to the ECOFIN meeting on 9 May 2010 to discuss the first Greek bailout.

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