[The Times], The six ways that MPs can still block no-deal

Emergency Debate
The idea many anti-no-deal MPs are most attracted to is using the Standing Order 24 procedures for emergency debates.

On Tuesday morning they would lodge a request with the Speaker for an emergency debate.

SO24 debates usually do not end in substantive, binding votes. But John Bercow could tear up precedent and allow a vote on taking control of the Commons order paper on a given day, presumably Wednesday.

MPs would at that point try to pass, quickly, primary legislation requiring Boris Johnson to seek and implement a third Brexit delay. He would have to comply, but the legislation must be watertight and leave no scope for Mr Johnson to refuse an extension or persuade the EU not to offer one.

Moreover, there is a problem with the House of Lords where there are no guillotine motions and peers can talk for as long as they like. The chamber is overwhelmingly anti-no-deal but it might run out of time in the event of a concerted filibuster attempt from the government before prorogation.

Vote of confidence and general election
If Jeremy Corbyn were to call a vote of confidence in Mr Johnson, only a simple majority would be required. At that point, under the Fixed-term Parliaments Act, a 14-day period is triggered during which others can seek to command a majority. Assuming no one else can do so in time, a general election will follow.

But this is risky for anti-no-deal MPs because Mr Johnson could choose a polling day after October 31, ensuring that the UK leaves the EU.

Vote of confidence and caretaker government
The surest way of avoiding a mid-election Brexit is to use the 14 days to install a caretaker government, which would secure a Brexit delay and then call an election or a second referendum.

It is hard to see enough Conservative rebels and independents being willing to install Mr Corbyn, even briefly, in Downing Street.

If that becomes clear early in the 14-day period, Westminster will enter a period of feverish speculation about whether others, such as Harriet Harman, Ken Clarke or Sir Keir Starmer, might be able to command a cross-party majority to avert no-deal.

The courts
More than 70 MPs and peers have asked the Scottish courts to make an emergency ruling blocking the prorogation and last night Gina Miller announced she would challenge the prime minister in the courts too. It would be extraordinary if the courts intervened.

Humble address
Under a plan pushed by opposition parties including the SNP, the Liberal Democrats and the Greens, 47 MPs have signed an early day motion demanding a “humble address” to the Queen asking her not to prorogue parliament before November 8.

But early day motions are not binding and the humble address procedure, previously used to command the release of Brexit impact assessments, is complicated.

Bring back May’s deal
Should Mr Johnson make it as far as the Queen’s Speech and a new session, then Mr Bercow’s ruling this year that MPs cannot vote on the same Brexit deal twice in the same parliamentary session would no longer apply. Intriguingly this was pointed out yesterday by Harriett Baldwin, who was a minister under Theresa May and was sacked by Mr Johnson.

With days to go before a possible no-deal it is just feasible that anti-no-deal MPs will try to force another vote on Mrs May’s deal and hope to persuade Remainers that it is the lesser evil.

https://www.thetimes.co.uk/edition/news/the-six-ways-that-mps-can-still-thwart-no-deal-697xzb6gw