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This is an important point, which the debate on what Johnson would have to do after a vote of no confidence under the Fixed Term Parliament Act hasn’t picked up.
The key point to hold onto is that the effect of s.2(3) and (4) FTPA (legislation.gov.uk/ukpga/2011/14/…) is that the only confidence motion *that starts the ball rolling for a general election* is one worded in accordance with s.2(4): “That this House has no confidence in HM Government”.
But, critically, there is no prohibition on no confidence motions worded differently: they just don’t trigger a general election.
That gives rise to an interesting conundrum: what would happen if the Commons passed a motion that (eg) just said “This House has no confidence in the Government’s policy in relation to leaving the EU without a Withdrawal Agreement”?
Johnson couldn’t call an election: and it isn’t clear whether he would have to resign if it wasn’t clear that any other government could get the confidence of the House.
But leave that conundrum to one side: what if the House passed a no confidence motion in the Johnson Government that simultaneously declared that it wanted the Queen to send for X to form a government?
It seems to me that the position is then clear. Johnson can’t call an election: the FTPA precludes it - the 14 day period hasn’t even started.
But he has to resign: he has lost a confidence vote and the House has made it clear that a replacement, X, is available who would command its confidence. The Queen’s government will be carried on.
(Of course, X could take power on the basis that, an extension having been sought and obtained, MPs supporting him - along with, presumably, those Tory MPs still backing Johnson - will then vote for a General Election under s.2(1) FTPA.)
The advantage of that course is that it avoids all debate about what scope Johnson has to refuse to resign within 14 days of a s.2(4) FTPA vote of no confidence.
Or whether - like a dying scorpion trying to kill with its sting - he can try to set Election Day after Halloween and refuse to apply for an extension in the interim, in defiance of the purdah convention.
He is out of office, the new PM can get the extension, and an election then held in which those opposed to and in favour of no deal can take their cases to the people. Or, at least, the people as muffled and distorted by our first past the post voting system.
See this thread for further wisdom on the possibility of non-FTPA votes of confidence. I agree with the select committee: if a government loses *any* vote of confidence it has lost its authority to govern and must resign if a replacement is available.
