Plotting a roadmap through the constitutional issues, and setting the situation in its historical context, this June 2017 briefing paper highlights and explains key parliamentary dates, events and procedures that shape the process of forming and sustaining a minority government, focusing on the 2017 case.
The fundamental principle at the heart of our parliamentary democracy is that the government must command the confidence of the House of Commons. In the event of a hung Parliament, where no party secures an outright majority, the arithmetic presents politicians with a conundrum: who commands MPs' confidence, and should therefore govern?
The answer to this question is determined through a complex nexus of constitutional conventions, laws and precedents, party political calculations and gauging of the public mood. Guidance and rules exist to help resolve who should govern, including in the form of the Cabinet Manual and the Fixed-Term Parliaments Act.
This June 2017 briefing paper addresses how a government is formed and then sustained in office when the House of Commons is hung, focusing on the 2017 situation. It also looks at how a minority government might operate in Parliament, focusing on the impact it may have on parliamentary process and procedure.
Historical comparisons and precedents
What does 'command confidence' mean?
The incumbent Prime Minister: stay or go?
When will Parliament meet?
The State Opening of Parliament: will the Queen attend?
The Queen's Speech debate: confidence of the House?
Will there be a second general election?
What difference does the Fixed Term Parliaments Act make?
Seats vs votes: what counts?
An alternative party leader / Prime Minister?
How long can be taken to form a government?
Does it matter if votes are lost?
What about the House of Lords?
Will minority government mean less legislation?
Will the Speaker's casting vote influence decisions?
Managing time: potential problems ahead
The establishment and composition of select committees
The fiscal maze
Delegated legislation: an increase in deferrals and withdrawals?
Accountability and transparency
In our latest ‘Whipping Yarn’, we talk with Simon Hart, former Conservative Chief Whip during Rishi Sunak’s Premiership. Hart opens up about his time in one of Westminster’s most demanding and discreet roles, chronicled in his new book, ‘Ungovernable: The Political Diaries of a Chief Whip’.
If a crisis or major national event occurs during a period when Parliament is adjourned, there are often demands from MPs, the media and the public for Parliament to be ‘recalled’. But the House of Commons Standing Orders stipulate that only Government Ministers - in reality, the Prime Minister - can ask the Speaker to recall the House. In recent years the House of Lords has generally been recalled at the same time as the House of Commons.
In response to the Modernisation Committee's call for views on 17 October 2024, we submitted evidence outlining key areas we believe the Committee should prioritise. Our submission recommended a focus on: strengthening legislative scrutiny, with particular emphasis on reforming the delegated legislation system; enhancing financial scrutiny, especially in relation to the Budget and the Estimates; addressing strategic gaps in parliamentary scrutiny; making more effective use of parliamentary time; and reviewing the Standing Orders, language and rituals of the House of Commons.
This briefing explains what to watch for during the Second Reading debate of the Terminally Ill Adults (End of Life) Bill on 29 November. It outlines the procedural and legislative issues that will come into play: the role of the Chair in managing the debate and how procedures such as the 'closure' and 'reasoned amendments' work. It looks ahead to the Committee and Report stage procedures that will apply if the Bill progresses beyond Second Reading. It also examines the government's responsibilities, such as providing a money resolution for the Bill and preparing an Impact Assessment, while addressing broader concerns about the adequacy of Private Members’ Bill procedures for scrutinising controversial issues.
In this ninth instalment of our special mini-podcast series, we continue to explore the latest developments in the progress of the Terminally Ill Adults (End of Life) Bill, often referred to as the assisted dying bill. We are joined by Dr Marie Tidball MP to discuss the amendments she has secured for a Disability Advisory Board and an independent advocate for people with learning disabilities.
