Another election? Don't count on it. Photo: Getty
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General election 2015: will there be a second election?

If no one wins on 7 May and Britain returns a hung parliament, could there be a snap second election? Here’s why it’s unlikely.

The Fixed Term Parliaments Act (FTPA) of 2011, which fixes general elections on a five-year cycle, will make it very difficult to call an early election.

There are three ways parliament could do this:

1) The first is by a two-thirds majority of the Commons voting to dissolve parliament and call an early election. But it’s unlikely that it will be in the interest of 67 per cent of the House to go to the polls again. The opposition would have to join the government in support of the motion, and presumably the Prime Minister would only put such a motion to the House because it would be in his interest (therefore presumably not in the opposition’s interest) to go back to the electorate.

2) The second is a vote of no-confidence. If the government loses a no-confidence vote, then 14 days are allowed for an alternative administration to be formed. If an act of confidence in a new government isn’t passed in 14 days, then there would be a second election.

But engineering a no-confidence motion would be difficult. Under the FTPA, the definition of no-confidence votes has been narrowed to exclude Queen’s Speeches and budgets (traditionally considered confidence motions). Whereas there used to be no set formula for no-confidence votes, now the wording would have to be very specific: “That this House has no confidence in Her Majesty’s Government”.

It would be very difficult for the government to no-confidence itself to trigger a second election, as the chances are in this scenario that it would be a minority government – and therefore the rest of the House would be able to oppose the motion. (It would be in the opposition’s interest to do so, if the government feels a second election would be to its advantage).

Also, if the rest of the House manages to vote down such a motion, then it may well be able to form an alternative administration within the 14-day window – as parliamentary government expert Philip Cowley puts it, “Why assume no alternative would form? If you are the opposition leader, you would at least try.”

3) The third option is to repeal the Fixed Term Parliaments Act. But this would require a simple majority, and a government would only be seeking to repeal the Act if it hadn’t won a majority. However, some point out that it would favour both Labour and the Tories to be able to call an election at any point – and therefore they might unite in repealing the Act.

But it’s not straightforward. As the Institute for Government's Dr Catherine Haddon explains, the Act wiped out the centuries-old Royal Prerogative to dissolve parliament, so repealing it wouldn’t just automatically revert back to the status quo pre-FTPA. Replacing it with something else would be constitutionally complicated, as whose hands should such a decision be in? If you’re erasing parliament’s power over such a decision, then you’d have to actively legislate for it to be in the hands of the executive, which is a tricky argument to make politically.

Others point out that a clause in the 1978 Interpretation Act could be invoked that means you can return to the status quo ante by repealing a law, if you express your wish to do so. But the Royal Prerogative has never been reinstated before, and constitutional experts are split on the matter.

Anoosh Chakelian is senior writer at the New Statesman.

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Labour is a pioneer in fighting sexism. That doesn't mean there's no sexism in Labour

While we campaign against misogyny, we must not fall into the trap of thinking Labour is above it; doing so lets women members down and puts the party in danger of not taking them seriously when they report incidents. 

I’m in the Labour party to fight for equality. I cheered when Labour announced that one of its three Budget tests was ensuring the burden of cuts didn’t fall on women. I celebrated the party’s record of winning rights for women on International Women’s Day. And I marched with Labour women to end male violence against women and girls.

I’m proud of the work we’re doing for women across the country. But, as the Labour party fights for me to feel safer in society, I still feel unsafe in the Labour party.

These problems are not unique to the Labour party; misogyny is everywhere in politics. You just have to look on Twitter to see women MPs – and any woman who speaks out – receiving rape and death threats. Women at political events are subject to threatening behaviour and sexual harassment. Sexism and violence against women at its heart is about power and control. And, as we all know, nowhere is power more highly-prized and sought-after than in politics.

While we campaign against misogyny, we must not fall into the trap of thinking Labour is above it; doing so lets women members down and puts the party in danger of not taking them seriously when they report incidents. 

The House of Commons’ women and equalities committee recently stated that political parties should have robust procedures in place to prevent intimidation, bullying or sexual harassment. The committee looked at this thanks to the work of Gavin Shuker, who has helped in taking up this issue since we first started highlighting it. Labour should follow this advice, put its values into action and change its structures and culture if we are to make our party safe for women.

We need thorough and enforced codes of conduct: online, offline and at all levels of the party, from branches to the parliamentary Labour party. These should be made clear to everyone upon joining, include reminders at the start of meetings and be up in every campaign office in the country.

Too many members – particularly new and young members – say they don’t know how to report incidents or what will happen if they do. This information should be given to all members, made easily available on the website and circulated to all local parties.

Too many people – including MPs and local party leaders – still say they wouldn’t know what to do if a local member told them they had been sexually harassed. All staff members and people in positions of responsibility should be given training, so they can support members and feel comfortable responding to issues.

Having a third party organisation or individual to deal with complaints of this nature would be a huge help too. Their contact details should be easy to find on the website. This organisation should, crucially, be independent of influence from elsewhere in the party. This would allow them to perform their role without political pressures or bias. We need a system that gives members confidence that they will be treated fairly, not one where members are worried about reporting incidents because the man in question holds power, has certain political allies or is a friend or colleague of the person you are supposed to complain to.

Giving this third party the resources and access they need to identify issues within our party and recommend further changes to the NEC would help to begin a continuous process of improving both our structures and culture.

Labour should champion a more open culture, where people feel able to report incidents and don't have to worry about ruining their career or facing political repercussions if they do so. Problems should not be brushed under the carpet. It takes bravery to admit your faults. But, until these problems are faced head-on, they will not go away.

Being the party of equality does not mean Labour is immune to misogyny and sexual harassment, but it does mean it should lead the way on tackling it.

Now is the time for Labour to practice what it preaches and prove it is serious about women’s equality.

Bex Bailey was on Labour’s national executive committee from 2014 to 2016.