Quote:
Originally Posted by Chris
You’re going too far down the road of “what ifs”. It isn’t after an election. Calling an election rather than resigning is unconventional but not illegal and I agree with Ben’s reading of the FTPA; that Act does in my view strengthen the PM’s moral authority to sit through two no confidence motions and then take it to the country rather than simply resigning.
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Losing a no-confidence vote and going into an election is fine. No problem.
But there is a part of the FTPA that states another government can be formed in those 14 days without an election. We're talking about a scenario where that has happened, a confidence motion is passed in another grouping not led by Boris Johnson. In this case, they are saying they would ignore it.
In which case how does it even led to an election since the 14-day deadline was circumvented by the confidence motion?
Quote:
If this motion is carried, there is a 14 calendar-day period in which a Government may be confirmed in office by a resolution in the form:
“That this House has confidence in Her Majesty’s Government.”
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The only confusion I can see here is if anyone is even allowed to try and form a government. Which is Ben's point here:
Quote:
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They can choose to hand over to someone else to try to form a government if they wish, but it's not required.
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But I don't see where that is specifically made clear.
If such a motion passes then how can Boris Johnson stay on and if he does how can he then call an election if, as my reading of the act leads me to believe, the 14-day deadline doesn't get reached?
What point of your point I am missing? Are we just disagreeing on if it's possible for another government to be formed because I don't see where that is made clear in the act....
---------- Post added at 12:55 ---------- Previous post was at 12:50 ----------
Looking at the cabinet advice thing:
https://publications.parliament.uk/p.../1813/1813.pdf
Quote:
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.
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Suggests to me that another government could be formed and the cabinet office views it as the responsibility being on the PM to resign to avoid brining the Queen into it.
But if he doesn't then what? The advice there suggests no election and yet no government....