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No-deal Brexit: Can MPs overrule the new prime minister? No-deal Brexit: Can MPs overrule the new prime minister?
(30 days later)
The question of how the UK will leave the European Union (EU) is very much alive, as Conservative Party members choose a new prime minister. Do MPs have the power to stop a no-deal Brexit if the new prime minister wants one? As Brexit day approaches, two questions are swirling around the Westminster village: Will Boris Johnson pursue a no deal and could MPs stop him?
Prime Minister Boris Johnson has said the UK will leave the EU on 31 October "do or die" - even if it means walking away without a deal.
With no ongoing formal negotiations with the EU, this is looking increasingly likely.
What is no deal?What is no deal?
Tory leadership contender Boris Johnson says he is not bluffing about leaving the EU on 31 October - even if it means walking away without a deal.
His opponent, Jeremy Hunt, says he will decide by the end of September whether there is a "realistic chance" of reaching a new deal. After that, he will prepare to leave without one.
A no-deal Brexit means the UK would immediately leave the EU with no agreement in place about the "divorce" process - or how they separate.A no-deal Brexit means the UK would immediately leave the EU with no agreement in place about the "divorce" process - or how they separate.
Overnight, the UK would leave the single market and customs union - arrangements designed to help trade between EU members.Overnight, the UK would leave the single market and customs union - arrangements designed to help trade between EU members.
Many politicians and businesses say this would damage the economy.Many politicians and businesses say this would damage the economy.
Others say the risks are exaggerated.Others say the risks are exaggerated.
Theresa May couldn't persuade her own MPs to support her agreement with the EU, which would have avoided no deal. That's why she resigned.Theresa May couldn't persuade her own MPs to support her agreement with the EU, which would have avoided no deal. That's why she resigned.
Unless the new prime minister can get their own Brexit plan passed, the UK will face the prospect of leaving with no deal on Halloween. Unless Mr Johnson can get his own - as yet non-existent - Brexit deal passed, the UK will face the prospect of leaving without an agreement at the end of October.
The alternative would be extend the deadline again - or cancel Brexit altogether. The alternative would be to extend the deadline again - or cancel Brexit altogether.
How could a new prime minister make no deal happen? How could the prime minister make no deal happen?
In theory, unless a new plan is agreed, the new prime minister does not need to do anything for a no-deal Brexit to happen. In theory, unless a new plan is agreed, Mr Johnson does not need to do anything for a no-deal Brexit to happen.
This is because the UK's departure on 31 October is already written into law. The prime minister could just run the clock down. This is because the UK's departure on 31 October is already written into law. He could just run the clock down.
But it is not as simple as this.But it is not as simple as this.
Most MPs in the UK Parliament are against leaving without a deal. And they could try to stop it from happening.Most MPs in the UK Parliament are against leaving without a deal. And they could try to stop it from happening.
The prime minister could try to get round this problem by closing Parliament in the run-up to Brexit day. This would deny MPs an opportunity to block no deal. There had been rumours that the government could close Parliament to prevent MPs from doing anything to impede the plan to leave on 31 October.
It's called prorogation and would be a highly controversial move. But this was effectively ruled out after MPs changed a piece of legislation to make sure Parliament was open for at least part of October.
What can MPs do to stop no deal?What can MPs do to stop no deal?
If there is no attempt to close Parliament, MPs have a few options. At this point, MPs have two potential routes: take control of Parliament's timetable or get rid of the government.
Hijack new laws to avoid no deal Neither would guarantee blocking a no deal Brexit, but they could lead them there.
If the government tries to pass new laws, MPs could try to make changes that would force the government's hand. Route 1: Take control of parliament
For example, they could add new clauses that would push back the Brexit deadline. If the government tries to pass new laws, MPs could attempt to make changes that would force the government's hand.
The main obstacle is whether the government has to introduce any new laws at all. It was initially assumed that the UK would need new laws to prepare for a no deal, for example on agriculture and trade.
A new prime minister might want to pass legislation to help prepare the UK for a no deal, for example in trade. But it is up to them whether or not to do so. But ministers have said no legislation will be needed between now and exit day, potentially blocking this route for MPs
Hold a vote of no confidence to get rid of the government MPs could try to take control of the timetable and set aside time to pass a new law that would block a no deal.
The legislation could force the government to request another extension from the EU.
But this would not be easy because the government controls the calendar in the House of Commons.
There are other ways rebellious MPs could take control, for example through emergency debates, which are granted by the Speaker of the House and are usually non-binding.
Allowing time for these debates and giving them more power will be down to the Speaker, John Bercow, who could play a crucial role in the next few months.
Route 2: Bring down the government
Seen by some as the "nuclear option", MPs have the option to vote out the government.Seen by some as the "nuclear option", MPs have the option to vote out the government.
If most MPs oppose the government in a vote of no confidence, the prime minister is out. This could happen as early as 4 September and Jeremy Corbyn has said he would call a vote of no confidence "at the appropriate and very early time to do it".
Under rules introduced in 2011, such a vote either gives a different group of MPs a go at forming a government or leads to a general election. If a majority of MPs vote against the government, a formal process kicks off under the Fixed-Term Parliaments Act:
Labour says it will call for a vote of no confidence once the new prime minister is in place. The 14-day period could produce a temporary government of national unity, whose main aim could be to request an extension from the EU and organise an election in the meantime.
Jeremy Corbyn, its leader, did this in January - but Theresa May comfortably saved her job. This would require a huge amount of cross-party cooperation - not seen since the Second World War - to bring together MPs from different parties who would be happy to serve together.
The big question is whether, if the UK is heading for no deal, enough Conservative MPs would vote to dismiss their own leader. But there have been reports in the last few weeks that the current team in Number 10 - led by Mr Johnson's top adviser Dominic Cummings - could ignore convention and refuse to give up power to a new administration even if it can prove it has the confidence of the House of Commons.
Express the will of Parliament
MPs sometimes vote on things to show their opinion, even if that doesn't lead to new laws.
They could do this to express their opposition to a no-deal Brexit.
It wouldn't force the prime minister to do anything but it could put him under pressure.
John Bercow, the speaker of the House of Commons, has hinted he could help MPs find ways to force the government's hand, such as emergency debates.
This might rely on some creative interpretation of the rules.
Keep Parliament open
Of course, all of the above depends on Parliament being kept open.
Boris Johnson has so far refused to rule out giving MPs a forced break - so they can't force his hand.
Some opponents are looking for ways to block him from doing so.
Conservative MP Dominic Grieve tried to use government legislation to block any closure of parliament in the run up to Brexit.
However, he failed to pass amendments which would have legally bound the future PM to keep parliament open in October.
The government's tiny majority in the Commons means these issues are often decided on a majority of one or two votes.