Early elections
Section 2 of the Act provides for early general elections when either of
the following conditions is met:
• if a motion for an early general election is agreed either by at least
two-thirds of the whole House (including vacant seats), i.e. 434
Members out of 650, or without division; or
• if a motion of no confidence is passed and no alternative
government is confirmed by the Commons within 14 days by
means of a confidence motion.
There were detailed discussions about the constitutional implications of
these triggers during the passage of the Bill. Some commentators and
Members of both Houses questioned whether both options were
necessary, and argued that the legislation would allow for constructive
votes of no confidence (where an incumbent government triggers an
early election through tabling a motion of no confidence in itself).4
Initially, the Bill provided for no confidence motions to be certified as
such by the Speaker, given that there was no set formula for confidence
motions. This provision was removed, following concerns that the
legislation would make the Speaker’s consideration of confidence
motions and the practices of the House questions for the courts, which
could be drawn into matters of acute political controversy. Instead, the
Act now provides for a set formula to be used. Firstly, the form of the
motion would be:
“That this House has no confidence in Her Majesty’s Government”.
If this motion is carried, there is a 14 calendar day period in which to
form a new Government, confirmed in office by a resolution as follows:
“That this House has confidence in Her Majesty’s Government”
If a new Government cannot be formed within this time period, then
dissolution is triggered. There is no provision for an extension of the 14 day period. Dissolution need not follow immediately on a triggering
event, as section 2(7) allows for the Prime Minister to recommend a
suitable polling day to the Crown. A proclamation for a new Parliament
can then be issued.
The Act also specifies the form of the motion for the purposes bringing
about an early general election:
“That there shall be an early parliamentary general election”.
This procedure was used on 19 April 2017, following Prime Minister
Theresa May’s announcement, on 18 April 2017, that she planned to
call an early election which would be held on 8 June 2017.5
A proclamation, announcing that the general election would take place
on 8 June 2017, was issued on 25 April 2017,6 so Parliament will
dissolve on 3 May 2017.