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No-deal Brexit: Can MPs overrule the new prime minister? No-deal Brexit: Can MPs overrule the new prime minister?
(14 days later)
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. Many MPs oppose no-deal Brexit but can they stop it? 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.
Many MPs oppose no-deal Brexit, but can they stop it now that the government has asked the Queen to suspend Parliament?
What is no deal?What is no deal?
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. Former prime minister 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 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.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 to extend the deadline again - or cancel Brexit altogether.The alternative would be to extend the deadline again - or cancel Brexit altogether.
How could the prime minister make no deal happen?How could the prime minister make no deal happen?
In theory, unless a new plan is agreed, Mr Johnson 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. He 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's not as simple as that.But it's not as simple as that.
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.
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.
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?
At this point, MPs have two potential routes: take control of Parliament's timetable or get rid of the government. MPs have two potential routes: take control of Parliament's timetable, or get rid of the government.
Neither would guarantee blocking a no-deal Brexit, but they could lead them there.Neither would guarantee blocking a no-deal Brexit, but they could lead them there.
Route 1: Take control of parliament Route 1: Take control of Parliament
If the government tries to pass new laws, MPs could attempt to make changes that would force the government's hand. After a cross-party meeting of MPs opposed to a no-deal Brexit, this emerged as the preferred option when Parliament resumes on 3 September.
It was initially assumed that the UK would need new laws to prepare for a no deal, for example on agriculture and trade. If the government tries to pass new laws, MPs could attempt to make changes that would force the government's hand. However, ministers have said no legislation will be needed between now and exit day, potentially blocking this route for MPs
But ministers have said no legislation will be needed between now and exit day, potentially blocking this route for MPs Instead, MPs could try to take control of the timetable and set aside time to pass a new law that would block a no deal. Any legislation, if passed, could force the government to request another extension from the EU.
MPs could try to take control of the timetable and set aside time to pass a new law that would block a no deal. MPs would have to wrest control of the timetable from the government, which usually decides what happens in Parliament.
This is the route favoured by the former chancellor Philip Hammond, who served under Theresa May. He told the BBC he was "very confident" MPs would be able to pass legislation to express their opposition to a no-deal exit. This might be through an emergency debate, granted to MPs by the Speaker. These are usually non-binding debates, but could be given more teeth in certain circumstances.
Any legislation, if passed, could force the government to request another extension from the EU. However, Boris Johnson's decision to prorogue parliament makes taking control of Parliament less easy.
But this would not be easy because the government controls the calendar in the House of Commons. Is there enough time to pass a new law?
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. The prime minister's decision to close Parliament on 10 September makes it very difficult to pass a law before the suspension.
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. MPs return to Westminster on 3 September, leaving them with around five sitting days to take action.
But even if MPs succeeded in passing legislation there's no guarantee that the government would act. The government could, for example, ignore the new law and not make a Brexit extension request - although it would probably end up in court if it did this. A new law can only be passed if it completes all stages in Parliament - both in the House of Commons and the Lords.
Alternatively, the UK government could make the extension request but then refuse to accept any terms the EU sets for granting any Brexit extension. In such a scenario the government could argue it has complied with the law, yet it would still take the UK out of the EU on 31 October. Labour MP Yvette Cooper managed to pass a law in three days in April, so there is precedence.
After MPs return to Parliament on 14 October, there will still be almost three weeks before the UK leaves the EU.
But, because a new session is beginning, the House of Commons will be busy debating the Queen's Speech for up to six days. This further narrows the window for action.
Route 2: Bring down the governmentRoute 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.
This could happen as early as 4 September, when Westminster returns from its summer break. Jeremy Corbyn has said he would call a vote of no confidence "at the appropriate and very early time to do it". This could happen as early as 4 September, the day after Westminster returns from its summer break. Labour leader Jeremy Corbyn has said he will call a vote of no confidence "at the appropriate and very early time to do it".
If a majority of MPs vote against the government, a formal process kicks off under the Fixed-Term Parliaments Act:If a majority of MPs vote against the government, a formal process kicks off under the Fixed-Term Parliaments Act:
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.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.
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. This would require a huge amount of cross-party cooperation - not seen since World War Two - to bring together MPs from different parties.
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. Is there enough time to do this?
A vote of no confidence could be held as soon as 4 September,
But MPs would then only have three or four sitting days to form an alternative government and prove it has majority support in the House of Commons, rather than the full 14 days.
It is unclear what would happen if the PM lost a no confidence and Parliament was suspended before the 14-day period was up.
However, there would certainly be political pressure on the government to postpone prorogation.
What else could happen?
It isn't just MPs who could try and get in the way of the PM's prorogation plans.
Some have suggested a legal challenge to the decision to suspend Parliament.
Although it is the government's decision to prorogue Parliament, it is the Queen who has the power to enact it.
It would be impossible to take the Queen to court, but one option would be to seek a judicial review of the government's decision to request the prorogation.
This is something that was raised by Sir John Major in July.