Tag Archives: vote of no confidence

Must a caretaker government be a zombie government?

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During the recently concluded Conservative leadership contest, the government appeared to be in a holding pattern, taking little or no action of substance until the election of Boris Johnson’s successor. But did the government, which had a substantial parliamentary majority and an electoral mandate, need to act as if it was merely a ‘caretaker’? Robert Hazell explains that the rules around a ‘lame duck’ PM remain fuzzy, and argues that steps must be taken to clarify the position as soon as possible.

Something very strange happened at Westminster over the summer: a government which enjoyed a comfortable working majority of 71 seats was declared to be a caretaker which could not take any major decisions. It was variously accused of being a ‘zombie government’ ‘asleep at the wheel’, and incapable of taking urgent decisions required by the energy crisis. In its defence the government might have responded that as a caretaker it was precluded from taking such decisions. But the Whitehall rules on this are far from clear. So, what are the Whitehall rules about caretaker governments, and the principles underlying them? And given the confusion this summer, do the rules need clarifying or updating?

‘Caretaker government’ is not a term to be found in any UK government guidance. The Cabinet Manual talks instead about ‘restrictions on government activity’. A leadership election in the governing party is not one of the circumstances when the Cabinet Manual says government activity must be restricted. It envisages just three such circumstances when governments are restricted:

…governments are expected by convention to observe discretion in initiating any new action of a continuing or long-term character in the period immediately preceding an election, immediately afterwards if the result is unclear, and following the loss of a vote of confidence.

Paragraph 2.27.
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Monitor 81. Johnson falls; what’s next for the constitution?

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Today, the Unit published the 81st edition of Monitor, which provides analysis of the key constitutional news of the past four months. In this post, which also serves as the issue’s lead article, Meg Russell and Alan Renwick reflect on the collapse of Boris Johnson’s government, increasing concerns about ministerial and parliamentary standards, and continuing doubts about the future of the Union.

The preoccupying question in UK politics over recent months increasingly became when – rather than whether – the Prime Minister would be forced from office. In April, Boris Johnson was fined for breaching restrictions on social gatherings during lockdown, and the Commons referred him to its Privileges Committee for allegedly misleading parliament. In May, the Conservatives suffered steep losses in the local elections, and Sue Gray’s official report into ‘partygate’ was finally published, concluding that the ‘senior leadership at the centre, both political and official, must bear responsibility’ for the culture of disregard for the rules that had emerged. In June, Johnson survived a vote of no confidence among his MPs and the loss of two parliamentary by-elections, followed by the resignation of the Conservative Party Co-Chair, Oliver Dowden. But the resignation of Deputy Chief Whip Chris Pincher in early July, and Number 10’s bungled reaction to it, finally brought the Prime Minister down.

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Rebuilding constitutional standards: five questions for the next Conservative leader

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Boris Johnson yesterday fired the starting gun on a Conservative leadership race which should make the winner Prime Minister. Meg Russell, Alan Renwick and Robert Hazell pose five key questions which Conservative MPs and others are encouraged to ask the party leadership candidates, based on recent public, parliamentary and expert concerns.

Boris Johnson’s premiership has been marked by ever-growing concerns about the maintenance of various constitutional standards, which in recent days have reached fever pitch. These were echoed repeatedly in ministerial resignation statements and calls for him to go. Recent opinion polls meanwhile show strong public support for constitutional standards of integrity and accountability.

Conservative MPs now have an opportunity to choose among candidates to take Johnson’s place, which also creates an important constitutional responsibility. A high priority when picking the next Conservative leader should be to restore the standards essential to UK democracy, in order both to rebuild integrity in politics, and to work towards rebuilding public trust.

This blogpost sets out five key questions for Conservative leadership candidates, reflecting concerns raised by the public, independent expert organisations, and MPs themselves. Conservative MPs and others are encouraged to prioritise these questions, and raise them with the candidates when the party is making its choice.

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What Happens if Boris Johnson loses the confidence of his Cabinet, or his MPs?

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Boris Johnson’s time in Downing Street appears to be in its final days, but how it will end remains unclear. Robert Hazell examines the possibilities. How long will a leadership election take? Could there be a caretaker Prime Minister? What happens if Johnson tries to call a snap general election?

If Boris Johnson loses a confidence vote among Conservative MPs, he is not able to stand again. Any other Conservative MP can then stand for the party leadership. How long it will take for the party to elect a new leader will depend on the number of candidates standing, and whether the vote goes to a second stage ballot of all party members.  Party rules prescribe that Conservative MPs vote initially in a series of ballots to select two candidates, who then go forward to a postal ballot of all party members for the final decision. In 2005 it took two months for David Cameron to be elected leader, defeating David Davis in the postal ballot. In 2019 it took six and a half weeks for Boris Johnson to be elected, defeating Jeremy Hunt. It therefore seems unlikely that we will know who is the new Conservative leader (and Prime Minister) until September. But when Cameron announced his resignation in June 2016, it took just 17 days for Theresa May to emerge as the new leader, because Andrea Leadsom stood down as the second candidate in the postal ballot.

Time is being finally called on Boris Johnson’s premiership.  The initial trickle of ministerial resignations has become a steady stream; a delegation of Cabinet ministers has reportedly called on him to resign; if he doesn’t take the hint, the 1922 Committee seems likely to hold an early second confidence vote in his leadership.   But what will happen if he does resign, or if he loses the confidence of a majority of Conservative MPs?  How long might it take for the Conservative party to elect a new leader, and how will the country be governed in the meantime?

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Partygate illustrates the fundamental constitutional responsibility of government MPs

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Boris Johnson and his Chancellor have now been fined for breaking lockdown restrictions. Both have misled parliament over Downing Street parties. These are clear breaches of the Ministerial Code, which should lead to resignation. If the PM refuses to police the Code, says Meg Russell, that constitutional responsibility rests with MPs. A failure to exercise it would seriously undermine both the integrity of, and public trust in, the democratic system.

The Prime Minister and Chancellor of the Exchequer have been issued fixed penalty notices for breaching COVID-19 lockdown rules over parties in Downing Street. This means that they have broken the Ministerial Code on two counts. Paragraph 1.3 emphasises ‘the overarching duty on Ministers to comply with the law and to protect the integrity of public life’. But the police have concluded that the law has been broken. Paragraph 1.3c of the Code then states that:

It is of paramount importance that Ministers give accurate and truthful information to Parliament, correcting any inadvertent error at the earliest opportunity. Ministers who knowingly mislead Parliament will be expected to offer their resignation to the Prime Minister.

But it has been clear for some time that Johnson breached this rule, by repeatedly insisting in the House of Commons that all regulations were followed, and denying knowledge of Downing Street parties, when it subsequently emerged that he had attended such gatherings. Multiple sources have catalogued these denials. Rishi Sunak also said on the parliamentary record that he ‘did not attend any parties’.

But the final line of paragraph 1.3c is the rub. While both of these forms of breach would normally be considered resigning matters, the ultimate keeper of the Code is the Prime Minister himself. He has already faced down criticism over failing to uphold it in the case of bullying allegations against Home Secretary Priti Patel, which led to the resignation of the Independent Adviser on Ministers’ Interests. Both Johnson and Sunak have insisted that they are not going to resign, indicating that the Prime Minister is once again setting aside the Code – this time over multiple breaches, which are highly publicly salient.

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