David Cameron outside No.10 Downing Street on the day parliament was dissolved for the election. Photograph: Getty Images.
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Labour denounce Cameron's plan to "cling to power" even if he lacks a majority

The opposition seek to stop the PM surviving if it becomes clear he could not command the confidence of the Commons.

In recent days the Conservatives have made it clear that if they are the single largest party after the election, David Cameron will seek to survive as prime minister - even if it is clear that he lacks the Commons support needed to govern. The aim is to delegitimise a Labour minority government at birth by declaring victory and framing Cameron as the only acceptable PM. (Though some Tories hope they could persuade enough Labour MPs to abstain in any vote.)

A Conservative cabinet minister told the Sunday Times: "It’s a race to be the largest party. We will say: 'We’re legitimate, we’re the largest party, we should carry on.' If necessary, dare the others to vote down a Conservative government. We’ll bring forward a vote of confidence on our Queen’s Speech so they do the deed in plain sight, rather than meekly saying, 'I suppose your numbers add up, goodbye'."

In response, Labour have denounced Cameron for planning to "cling to power" even if it becomes clear he will be defeated in the Commons. An aide told the New Statesman: "All the noise coming out of the mouths of David Cameron and Nick Clegg is about how they can cling on to power even if their coalition loses its majority. Clegg has shown his true colours – he personally wants to get back into bed with Cameron even at the price of betraying the Lib Dems’ fundamental principle of protecting our future in Europe. "

The aide added: "David Cameron is showing he is in an incredibly weak position. He won’t talk about the big questions in this election, how to create an economy which works for working families, how to sustain our NHS, how to get a better future for young people. Instead, he is trying to focus all attention in these final days on the process question of what happens after the election rather the decision people have to make in this election.

"Just like he did on the morning of 19 September – where Cameron had the opportunity to speak for the whole country after the Scottish referendum – he is instead showing he is driven by internal weakness and external electoral pressure to act only on behalf of the Tory party."

The political attractions of the Tories' gameplan are obvious but it would ride roughshod over constitutional convention. The relevant passage from the Cabinet Manual (Paragraph 2.12) states:

Paragraph 2.12  Parliaments with no overall majority in the House of Commons

Where an election does not result in an overall majority for a single party, the incumbent government remains in office unless and until the Prime minister tenders his or her resignation and the Government’s resignation to the Sovereign.  An incumbent government is entitled to wait until the new Parliament has met to see if it can command the confidence of the House of Commons, but is expected to resign if it becomes clear that it is unlikely to be able to command that confidence and there is a clear alternative.

The key line is that an incumbent government is "expected to resign if it becomes clear that it is unlikely to be able to command" the confidence of the House. Therefore, if Labour, the SNP (who have pledged to vote down the Conservatives) and other anti-Tory parties have a majority of seats, Cameron should resign rather than invite inevitable defeat in the Commons.

The Cabinet Manual also makes it clear that the person most likely to be able to command the confidence of the House (in this case, Ed Miliband) then becomes prime minister - even if it is not certain they would be able to do so. Paragraph 2.8 states: "Prime Ministers hold office unless and until they resign. If the Prime Minister resigns on behalf of the Government, the Sovereign will invite the person who appears most likely to be able to command the confidence of the House to serve as Prime Minister and to form a government."

By convention, then, Miliband would become PM without the need for any formal deal with the SNP - on whom Labour's majority would likely depend.

George Eaton is political editor of the New Statesman.

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Who really controls the Labour Party now?

Jeremy Corbyn's allies will struggle to achieve their ambition to remove general secretary Iain McNicol.

Jeremy Corbyn's advance at the general election confirmed his place as Labour leader. Past opponents recognise not only that Corbyn could not be defeated but that he should not be.

They set him the test of winning more seats – and he passed. From a position of strength, Corbyn was able to reward loyalists, rather than critics, in his shadow cabinet reshuffle. 

But what of his wider control over the party? Corbyn allies have restated their long-held ambition to remove Labour general secretary Iain McNicol, and to undermine Tom Watson by creating a new post of female deputy leader (Watson lost the honorific title of "party chair" in the reshuffle, which was awarded to Corbyn ally Ian Lavery).

The departure of McNicol, who was accused of seeking to keep Corbyn off the ballot during the 2016 leadership challenge, would pave the way for the removal of other senior staff at Labour HQ (which has long had an acrimonious relationship with the leader's office). 

These ambitions are likely to remain just that. But Labour figures emphasise that McNicol will remain general secretary as long he retains the support of the GMB union (of which he is a former political officer) and that no staff members can be removed without his approval.

On the party's ruling National Executive Committee, non-Corbynites retain a majority of two, which will grow to three when Unite loses a seat to Unison (now Labour's biggest affiliate). As before, this will continue to act as a barrier to potential rule changes.

The so-called "McDonnell amendment", which would reduce the threshold for Labour leadership nominations from 15 per cent of MPs to 5 per cent, is still due to be tabled at this year's party conference, but is not expected to pass. After the election result, however, Corbyn allies are confident that a left successor would be able to make the ballot under the existing rules. 

But Labour's gains (which surprised even those close to the leader) have reduced the urgency to identify an heir. The instability of Theresa May's government means that the party is on a permanent campaign footing (Corbyn himself expects another election this year). For now, Tory disunity will act as a force for Labour unity. 

George Eaton is political editor of the New Statesman.

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