Theresa May could be ousted without triggering a general election if MPs pass a no confidence motion in her, the Commons constitutional watchdog has said.
The prime minister would be expected to resign simply if parliament expressed that it no longer had confidence in her government, the public administration and constitutional affairs committee said.
The outlining of a method to remove May from office – without having to trigger a general election or through the Conservative Party process triggered by 48 MPs writing letters of no confidence – will put opposition parties and her internal critics on high alert.
The committee is chaired by Tory Sir Bernard Jenkin, a leading member of the European Research Group (ERG), which botched a major push last month to get the 48 letters in a failed coup attempt which ended with chairman Jacob Rees-Mogg and fellow Brexiteers being branded ‘Dad’s Army’.
Sir Bernard’s report came pressure mounted on Labour to table a vote of no confidence, with SNP Westminster leader Ian Blackford warning Jeremy Corbyn he has “until the close of business” on Tuesday to act.
But in a sign that Labour and the SNP are far from agreement, Shadow Chancellor John McDonnell suggested the Scottish party want to “lose a vote of no confidence, and then avoid a general election, because they know we’re breathing down their necks in Scotland”.
The SNP hit back that McDonnell was talking “desperate nonsense” as the SNP was way ahead of Labour in the polls north of the border. It also emerged that Corbyn postponed a planned meeting with Blackford, where the Labour leader was expected to face demands to table a confidence vote.
The report’s findings potentially give both Labour and the ERG a new means to remove May, as Corbyn’s party appears reluctant to call a vote for fear of uniting Tories who do not want a general election, and the ERG’s capacity for drumming up 48 letters has been thrown into doubt by the failed coup.
Under the method outlined by Sir Bernard, any expression of no confidence in the government - whether in statutory or non-statutory terms - removes the prime minister’s authority to govern and should prompt her departure.
She would then have to recommend a successor to the Queen.
“It is fundamental to our democratic system that the Government commands the confidence of the elected House of Commons”
- Sir Bernard Jenkin
Should the Conservatives be unable to agree on a new PM, MPs could then turn to the fixed term parliaments act to trigger an election.
In order to trigger a general election using the act, more than half of MPs must first vote for a motion containing precise wording that declares no confidence in the government.
The government then has 14 days to pass a motion of confidence, with a general election following if it fails to do so.
Another method is to pass one motion supported by two-thirds of MPs.
But in its report the committee said the act “in no way affects the fundamental principle that the government’s authority to govern rests on the confidence of the House, however it chooses to express it”.
Sir Bernard added: “It is fundamental to our democratic system that the government commands the confidence of the elected House of Commons.
“We have made clear for both MPs and the public what would be expected to happen if the House were to express ‘no confidence’ in the government.
“These are very important times and it is vital that people have a clear understanding of how these new and untested procedures operate and interact with long-established constitutional conventions.”
Meanwhile, parliamentary leaders of four opposition parties wrote to Mr Corbyn calling on the Labour leader to join them in forcing an immediate vote of no confidence in Mrs May.
The letter, signed by Liberal Democrat leader Sir Vince Cable, Green MP Caroline Lucas, Blackford and Plaid Cymru Westminster Group leader Liz Saville Roberts, says there is an “overwhelming” case for a confidence motion following Mrs May’s decision to defer the crunch Commons vote on her Brexit deal.
At a central London press conference, Blackford said: “I think Jeremy has to do that by the close of business today.
“He cannot delay. If Jeremy does not accept that responsibility, then, I’m afraid the rest of us will have to accept that responsibility and lay down that motion of no confidence.”
But McDonnell has signalled that Labour could wait until May returns in the New Year with a fresh Brexit deal before triggering a vote of no confidence in the PM.
“It depends on what she brings back. We are judging it literally day by day, week by week,” he said.
We are strictly adhering to the composite in conference which goes through that sequence. We are going to have to watch what they do. She might not put it. ”
McDonnell added that technically the party could stage several votes of confidence but wanted to wait for the time of maximum support.
“I don’t think there’s any restriction on how many times you can do it. but he Speaker will have to make a judgement then about whether or not it is appropriate.
“Sometimes if you go too soon and you are not secure of winning that vote then you do undermine the opportunity of a further one, a serious one.
“We will make a judgement when we are convinced about it. Never ask a question you don’t know the answer to.
“We are strictly adhering to the composite in [party] conference which goes through that sequence. We are going to have to watch what they do. She might not put it. ”