Brexit: Fight for block on Boris Johnson shutting down parliament can still be won, Dominic Grieve says

Tory rebel 'hopeful' the Lords will drive through changes to prevent prorogation - and a no-deal Brexit

Dominic Grieve says the fight to give MPs the power to stop Boris Johnson shutting down parliament in October can still be won, as it moves to the House of Lords.

Peers are likely to reinstate clauses, thrown out in the Commons, designed to prevent the Tory leadership favourite forcing through a no-deal Brexit, the Conservative rebel said.

Pro-EU MPs hope anti no-deal cabinet ministers will then be “shamed and embarrassed” into joining the revolt in September, as one put it – when the UK will be even closer to the no-deal cliff edge.

“I’m hopeful that the House of Lords will now run with this and, as a result of the one Commons victory on my amendments, turn it into an effective measure,” Mr Grieve told The Independent.

“The Lords can use this as a vehicle to pass the necessary amendment to prevent prorogation of parliament.”

Mr Grieve spoke after the Commons passed one amendment, to Northern Ireland legislation, requiring the government to make regular autumn reports on progress in restoring the Stormont assembly.

Moves to add teeth by requiring parliament to be recalled, if already suspended – and for approval motions, which could then be amended to stop no-deal – were narrowly defeated.

However, the one victory allows the fight to continue when the Northern Ireland (Executive Formation) Bill, required because of the failure to restore power-sharing in Belfast, reaches the Lords next week.

Supporters believe that, if the measures are in the bill, it will be far harder for ministers to vote to actively take them out in the Commons clash that would then follow.

This week, in an article for The Independent, former cabinet minister Justine Greening turned on pro-EU cabinet ministers “sitting on their hands”, rather than voting to stop no-deal.

Criticism has focused on chancellor Philip Hammond, David Lidington, the de-facto deputy prime minister, David Gauke, the justice secretary, Amber Rudd, the work and pensions secretary, and Greg Clark, the business secretary.

Mr Grieve added: “The threat to prorogue parliament is entirely unconstitutional and is a disgrace – and, in the context of Northern Ireland, a no-deal Brexit through prorogation would be catastrophic.”

The Bill goes to the Lords for detailed scrutiny on Monday, before likely flashpoint votes two days later. If amended, it would bounce back to the Commons in early September.

Mr Grieve still hopes it can be strengthened to require the Commons to be sitting in the run-up to the 31 October Brexit deadline.

If Mr Johnson did prorogue parliament – something he has not ruled out – it would have to be recalled by the Queen as required under the 2004 Civil Contingencies Act, amid a national emergency.

The frontrunner doubled down on the threat in Tuesday’s TV debate, saying: “I think it is absolutely bizarre at this stage in the negotiations for the UK yet again to be weakening its position.”