MPs win first battle to stop no-deal Brexit - but no election for now

Hilary Benn’s EU Withdrawal (No. 6) Bill passed its third reading in the House of Commons by 327-299,  then overnight the House of Lords agreed to approve it before 5pm tomorrow. 

It will then go to the Queen for Royal Assent before becoming law.

Speaking immediately after the vote, Prime Minister Boris Johnson said the bill 'handed power to the EU and now the country must decide'.

He immediately tabled a motion under the Fixed Term Parliament Act to call a general election on October 15.

But after a 90 minute debate, only 298 MPs voted for an election, with 56 voting against - which meant that the two thirds majority required under the FTPA was not achieved and an election cannot take place.

Many MPs had gone home before the vote, with Labour deciding to abstain.

The Benn bill requires the government to either reach a deal with the EU by 19 October or gain Parliament’s approval for a no-deal Brexit by 19 October, and if it can't, ask for a three month extension from the EU.

This Bill will stop Boris Johnson forcing through a reckless and damaging no deal Brexit on 31 October. This week could be Parliament’s last chance to stop a no deal Brexit.

I am urging all MPs to act in the national interest and support this Bill. https://t.co/gQ2GJAcFX1

— Keir Starmer (@Keir_Starmer) September 2, 2019

Theresa May's deal is back on the table

An ammendment to Hilary Benn's bill from Labour's Stephen Kinnock and Sarah Champion - which gives MPs a final chance to get Theresa May's deal through the House of Commons as an alternative - was also accepted, because the government didn't send tellers to count the opposing votes.

Big big win, my amendment to publish the withdrawal bill passed. We can now have an informed debate and hopefully secure a deal the House can accept. I both astounded and delighted!!

— Sarah Champion (@SarahChampionMP) September 4, 2019

What THAT means, effectively is that if there is no new deal, and no-deal is not approved by Parliament, the extension required by the Benn bill has to be used to try to pass a version of Theresa May's deal (rather than hold a second referendum). 

The amendment in the name of Stephen Kinnock didn’t have a vote as the Government didn’t provide tellers to count. This meant the amendment went through although the No Lobby was full. This wasn’t an accident you can be assured there’s some skullduggery going on

— (((Alex Sobel MP))) (@alexsobel) September 4, 2019

Does this mean No-Deal isn't going to happen? 

Without a change of government who could get a majority to repeal the new law, Britain cannot now legally leave the EU without a deal on October 31 - unless the EU refused to grant the three month extension the law says the Prime Minster must ask for. Britain could still leave without a deal at the end of the three months.

What about Boris Johnson?

Boris Johnson has alternative options to get an election. He could call for a vote of no confidence in himself in an attempt to force an election that way, or he could simply resign. But he says he won't do either of those things.

He could table legislation overriding the Fixed Term Parliament Act to order an election which would only require a majority of one - but he no longer has a majority since expelling all the rebel Tory MPs.

Labour and the SNP have said they will only vote for a general election once the Hilary Benn bill to stop no-deal is law, so after it has Royal Assent.

Labour has also suggested it will not agree to an election before October 19 - the date Boris Johnson has to ask for an extension from the EU.

In a poll of Newsquest readers across all our titles yesterday, an overwhelming majority said there needed to be a general election.