What are the options for opposition parties to stop a no-deal Brexit?

MPs say it is still possible stop the UK leaving the EU without an agreement, Andrew Grice writes

Labour's Jeremy Corbyn and other party leaders have been discussing ways to stop a no-deal Brexit (PA)

MPs trying to stop the UK crashing out of the EU on 31 October were dealt a blow by Boris Johnson’s decision to cut the number of Commons sitting days before then by holding a Queen’s Speech on 14 October. However, the MPs insist there are still several other routes open to them to stop no deal.

The options include:

A vote of no confidence in the government

This option was put to one side when Jeremy Corbyn held talks with other opposition party leaders on Tuesday. It will now probably move up their agenda. Anger at Mr Johnson for “shutting down parliament” might persuade some Tory MPs to support the move as a last resort.

The problem: there is no agreement on who should take over as caretaker prime minister if a no-confidence vote succeeds. Mr Corbyn would not have the support of a majority of MPs. If no alternative PM emerges within 14 days, a general election would be held – and Mr Johnson would choose the date. He would opt for a November poll – so the UK would leave the EU during the campaign.

Legislation

Until Mr Johnson’s dramatic move, the preferred option of no-deal opponents was to pass a law forcing him to seek an extension to the UK’s EU membership. Although it will now be difficult to create enough parliamentary time for a bill to pass the Commons and Lords, MPs have not given up hope. They will probably try to seize control of Commons business when MPs return from their summer break on Tuesday.

The Queen

Mr Corbyn asked the Queen for a meeting before she granted Mr Johnson’s request to prorogue parliament. Despite that, it was approved. Buckingham Palace and the civil service will continue to keep the monarch above the political fray: the rule is that she takes advice from her prime minister, so that any criticism is directed at them. The Queen is unlikely to intervene.

The courts

An attempt by more than 70 MPs and peers to stop parliament being prorogued before Brexit was already underway in Scotland’s Court of Session. The politicians will now ask for a hearing due on 6 September to be speeded up. Labour’s legal advice suggests that suspending parliament is unlawful. It is based on the 2017 Supreme Court ruling, in a case brought by the campaigner Gina Miller, that parliament rather than the government had the authority to implement the 2016 referendum decision. However, Downing Street argues that it is normal practice for parliament to be prorogued before a Queen’s Speech, saying MPs will still have ample time to debate Brexit before 31 October.

Legal experts believe Mr Johnson’s move takes the UK into uncharted constitutional waters. The Supreme Court may soon have to make another important ruling.

The speaker

John Bercow was quick to join those condemning the suspension of parliament as a “constitutional outrage”. The speaker was not consulted in advance – no surprise, given the tension between him and ministers. They have previously accused him of ripping up the Commons rulebook to aid backbenchers trying to block Brexit. Mr Bercow cannot prevent prorogation but will almost certainly be a thorn in the government’s side as MPs try every trick in the book to stop no deal.

An election

Some Tories believe Mr Johnson might seek an election before 31 October to seek a mandate to leave then with or without a deal. That would give Remainers a chance to stop Brexit, or at least no deal. The Tory machine is certainly gearing up for an election. But Boris is unlikely to propose one, judging it would be better for him if an election were imposed by the Commons so he could fight on the side of “the people versus parliament”.

A Final Say referendum

Some MPs who oppose no deal support Brexit being put back to the people. But there is not yet a Commons majority in favour. In any case, the move would require government legislation. It would take six months to organise, meaning an extension to the UK’s EU membership, which Mr Johnson opposes.

A deal

Mr Johnson insists he is still pursuing a revised Brexit deal and has convinced some EU leaders he wants one. The Queen’s Speech will come three days before a summit at which EU leaders might offer changes to the withdrawal agreement. Boris could then rush a bill through parliament before 31 October, including a transitional period ensuring that little would change on 1 November. However, several ministers believe no deal remains more likely than a deal.