Confidence motions in the Scottish Parliament

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In the Scottish Parliament, confidence motions can be lodged against any member of the Scottish Government, or the government as a whole. These motions give the opportunity for the legislature to express its confidence, or lack thereof, in the executive and require the backing of at least 25 MSPs in order to be voted on. In the lifetime of the Parliament, nine such votes have taken place, none of which have been successful.

If a motion of no confidence in the whole Scottish Government is successful then, under the Scotland Act 1998, Scottish ministers are compelled to resign. The Parliament would then have 28 days to nominate a replacement First Minister before a Holyrood election could be called. However, while politically difficult, an individual minister losing a confidence vote would not be required to resign.

Motions of no confidence in the Scottish Parliament can be laid against individual ministers, the First Minister, or the entire Scottish Government.[1] Such motions give Parliament the opportunity to show whether they have confidence in these ministers, or the government, to continue in post. Under the Standing Orders of the Parliament, at least 25 of the body's 129 MSPs need to sign a motion of no confidence in order for it to be voted on.[1][2] Standing Orders also state that "members shall normally be given at least two sitting days’ notice of a motion of no confidence". However, they may be given less notice if the Parliamentary Bureau, made up of representatives from across the Parliament, deems it appropriate.[1]

A motion of no confidence is only legally binding under the Scotland Act 1998 if it relates to the Scottish Government as a whole. In this case, all ministers would be compelled to resign.[3][4] After the resignation of the First Minister, the Parliament has 28 days to nominate a successor.[5] If a successor is not approved, then the Presiding Officer would propose a date for a new election.[3] However, even if such an election were to take place, the electoral cycle would not change and the next election would still take place at its originally scheduled time.[4]

If a motion of no confidence was passed in an individual minister, including the First Minister, they would be under no obligation to resign.[6]

History

List of confidence motions

References

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