"...The second and much more fundament problem is the raising of the bar of a no confidence vote in the government to 55% rather than simple majority of those MP’s present and voting. This is a major and fundamental alteration in our constitution and what is being changed is not a right of the PM but a power if the Commons.
"The British constitution is very simple: he who commands the confidence of the House is PM, he who loses that confidence must resign. I simply do not see how such a rule is credible or can be enforced: a majority is a majority is 51%, not 55% or 60% or 80%. But once one concedes the concept on anything other than a simple majority for a confidence vote, then the way is open to Governments to protect their position by passing legislation demanding ever higher majorities before they are forced to resign.
"Indeed why not go the whole hog and pass legislation saying that nothing less than a 100% majority will be sufficient to force the government of the day to resign! As well as being politically dangerous, there is also the fundamental paradox that this legislation need only be passed by a simple majority. If the 55% it had been in place in 1979 when a no confidence motion in the Labour Government tabled by the SNP, and backed by the Tories was carried by one vote, then Callaghan could have stayed in power!
"As well as being politically unjustifiable the 55% rules raises the question of whether the House’s inherent ability to bring down government’s can be limited by legislation. One could of course always try and pass a bill to reverse this 55% doctrine by a subsequent act of parliament and such a bill would of course only need 51% of MP’s in its favour. However to become legislation obviously it would need to pas through the Lords as well, so in effect surrendering the long stop power to bring down the Government to the Lords!"