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House of Representatives                                Ch 8                                                 p 255

Censure or no confidence motions and amendments

A motion of which notice has been given or an amendment which expresses a censure of or no confidence in the Government takes precedence of all other business until disposed of by the House and additional speaking time is provided, if it is accepted by a Minister as a censure or no confidence motion or amendment under standing order 48.

This form of motion has been accepted immediately after the notice has been given openly (when notices could be given openly) ¹ or immediately after the notice has been reported to the House by the Clerk. ² In these circumstances it is necessary to suspend standing orders or secure leave to enable the motion to be moved immediately. A no confidence amendment has been similarly accepted immediately it has been moved. ³ If it is not accepted by a Minister for the purposes of standing order 48, a notice of a no confidence motion does not attract any automatic precedence and is placed on the Notice Paper under private Members’ business. However, even if it is not accepted by a Minister for the purposes of standing order 48, action may still be taken to bring the debate on early (in which case the normal time limits for a motion apply). ⁴ The notice may also be granted precedence on a later day when accepted by a Minister. ⁵

For many years it was the practice of the House to adjourn until the next sitting following notice of a no confidence motion. This practice has not been followed since 1947. ⁶

The House has considered other business before a censure or no confidence motion or amendment has been finally disposed of. In 1949 standing orders were suspended to enable a censure motion to take precedence of all other business until disposed of. The censure motion was then debated and adjourned to the next sitting. Prior to the resumption of the debate on the next sitting day, several items of business were dealt with including petitions, questions without notice, statements by leave, and the introduction of bills. ⁷ However, if it is the wish of the House to proceed with some of the normal order of business, such as questions without notice, petitions and other items of business, as in the above circumstances, it would be preferable to suspend standing orders to enable this to be done. This course was followed in 1961, ⁸ although the Speaker questioned whether other business should intervene during a no confidence debate. ⁹

An amendment censuring the Government ¹⁰ and motions censuring or expressing no confidence in the Government ¹¹ have been granted precedence following suspension of the standing orders, even though they were not accepted by a Minister under standing order 48. In these cases the normal time limits apply.

Standing orders have been suspended to allow a motion of censure of a Minister, which does not attract any precedence, to be moved forthwith ¹² and to be moved forthwith and to take precedence. ¹³ Such motions have also been moved without notice and debated immediately by leave. ¹⁴

For a more detailed account see ‘Motions of no confidence or censure’ in Chapter on ‘Motions’.

VP 1985-87/23.

VP 1985-87/81.

VP 1970-72/445.

E.g. VP 1987-89/678.

NP 114 (11.11.75) 10502; VP 1974-75/1121.

VP 1946-48/250; H.R. Deb. (17.9.47) 4; and see Ch. on ‘Motions’.

VP 1948-49/303-5; see also VP 1904/174; H.R. Deb. (27.9.04) 4918; VP 1962-63/411.

VP 1961/11.

H.R. Deb. (15.3.61) 221.

VP 1978-80/600.

VP 1970-72/937; VP 1983-84/533, H.R. Deb. (8.3.84) 733; VP 1987-89/678; VP 1996-98/2975-6.

VP 1985-87/1298; VP 1993-95/608.

VP 1968-69/301.

E.g. VP 2002-04/1514.