What options are left open for Boris Johnson

This is, of course, from a pro-Brexit point-of-view.

Is Brexit DEAD? The 3 options left for Boris if extension bill passes but election blocked

BORIS JOHNSON’S promise of Brexit “do or die” by October 31 has been tossed into the mire which bogged down and eventually ended Theresa May’s plans for leaving the EU. So what are his options?

the Express,
4 September, 2019

Boris Johnson’s first vote as Prime Minister in the House of Commons was a disaster. Asked whether to take control of Parliamentary proceedings from the Government, MPs voted 328 to 301 for the motion. With control over Brexit potentially snatched from him, Mr Johnson will try call a snap election

On Wednesday, MPs will debate and vote on a bill which will force the PM to ask for a Brexit extension to January 31, if a deal is not signed by October 19.

On Tuesday, Mr Johsnon said the bill would bring “more dither, more delay, more confusion”.

He said he had no choice but to call an October election, adding: “The people of this country will have to choose.”

But it’s not that simple: under the Fixed Term Parliaments Act, a snap general election can only be called if two-thirds of MPs vote to approve it.

With Labour insisting they’ll vote against an election, Mr Johnson’s chances of pursuing that route are greatly reduced.

READ MORE: Brexit timeline for TODAY: Key moments to expect as MPs wage war 

Brexit: Johsnon said the bill would bring “more dither, more delay, more confusion” (Image: Getty)

With roadblocks at every turn, here are the three possible moves Boris Johnson could now make:

1. The Government refuses to give royal assent to the bill

Royal assent is when the Queen formally agrees to turn a bill that has cleared both houses of Parliament - Commons and Lords - into law.

The Government cannot flat-out refuse to do this, but it can hold out until after prorogation next week, at which point all bills without royal consent are scrapped.

However, this move would almost certainly promo rebel MPs to seek new means of circumventing the PM, as it would be constitutionally unheard of.

A former parliamentary lawyer told The Times: “It is so subversive of every constitutional norm. It would be incredibly irresponsible.”

The lawyer said that while there would be nothing preventing the Government pursuing this route, doing so would be “constitutional dynamite”.

Brexit: Protests have dominated the streets of Westminster (Image: Getty)

Brexit: Johnson in the House of Commons on Wednesday (Image: Jessica Taylor via Reuters )

2. The Government seeks a general election without a two-thirds majority

There is a route, albeit a complicated one, in which the Government could pursue a general election even if the motion fails to achieve the 424 votes it needs.

The PM can propose a one-line bill along the lines of “notwithstanding the provisions of the Fixed-Term Parliaments Act, there will be a general election on October 15”, which would only need a simple majority to pass.

But in a scenario where Labour opposes Mr Johnson’s early election plan, it is possible that the Government will struggle even to attain that.

And even if it does, it would still need to go through the Lords and receive royal assent before prorogation next Monday.

The Prime Minister would then likely be forced to make the embarrassing decision to rescind the prorogation of Parliament he requested of the Queen last week.

Brexit: The complicated web of possible outcomes (Image: Express)

3. The Government holds another referendum

If the extension bill passes but a general election is impossible, Mr Johnson will be stuck.

By law, he will be compelled to seek an extension to the Article 50 negotiating window in late October if he has not secured a deal first, going against all his promises.

One option is for him to decide that, as all his tactics have been frustrated by Parliament, a referendum is the only choice left.

However, the ength of time required first to legislate for and then hold a referendum will mean a Brexit delay well beyond October 31, and possibly even the January 31 date proposed by the rebel MPs.

So, perhaps, it would be easier to admit defeat and work towards a January 31 departure with a deal?