The Remainer MPs are now desperately battling to try and keep the doors to parliament open for as long as possible, while they try to find a way to stop a no deal Brexit.

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Some Remainer MPs it seems are coming round to realising that getting Jeremy Corbyn to slap a no confidence motion on the table against Boris Johnson and his government, could be a recipe for disaster for the Remainer cause, so they are now fixing their sights on the legislative route instead.

But to be able to use and bend parliamentary procedures to their benefit, parliament has to actually be sitting.

So they won't want parliament either prorogued for a short time, nor for it to be dissolved for what would be a post Brexit Day general election. Because in either case their anti-Brexit lawmaking teeth are pulled.

Now, as I've pointed out before, there are clauses in the new Northern Ireland power sharing act put there by Remainer MPs and Peers, that require the government to lay reports and motions and for parliament to be recalled to debate them, if it is already prorogued.

There is also said to be discussions between Remainer MPs about voting against the shutting down parliament for the party conference season that starts in mid September and usually lasts until early October.

And today we also have the case being lodged in the Edinburgh Court of Sessions, to try and get a judge to rule that the Prime Minister cannot advise the Queen to shut down parliament in order to let a no deal Brexit occur by legal default.

This legal action is reported by the BBC to be supported by 70 members of both the Houses of Commons and Lords.

You do have to ask though, how on earth can a court tie the hands of a Prime Minister to give the advice they see necessary to the monarch of the day? Surely this would mean that the court was assuming the mantle of dictating government policy?

But a recent ComRes poll for the Telegraph found that 54% of the people they asked are content for Boris to shut down parliament to get Brexit done and delivered.

Further, that included 32% of Labour Party supporters and believe it or not 25% of Lib Dem supporters.

The poll also showed that the Conservative Party would take the most seats in a general election anyway, with 31% of the vote and 321 seats.

Now although this is five seats short of a technical majority, the poll did not, as far as I can see, include the 18 Northern Ireland seats. So, if they came back as before and the Tories made another deal with the DUP, while Sinn Fein stayed out of the House, then that would give Boris a working majority of six. Compared to the single digit majority he has today. Then add in the single Brexit Party MP that this poll suggests they would get and that would potentially add another.

Now, there is an angle here that bolsters Boris Johnson's position.

Should there be a vote of no confidence and Boris does lose it, which is not assured – remember that Labour's Diane Abbott said yesterday that they would only table a no-confidence motion, if they were confident they could win it and some back-benchers have said they will not back such a vote in case Jeremy Corbyn got in – but if Boris did lose it then he would come under pressure to resign immediately.

But, if he is riding high in the polls and the public are content for him to take charge of Brexit, I would think it strengthens his already legally strong position to stay for the two weeks allowed, then take his case to the country by letting a general election happen by default.

And if that happens it would lead to an election after we've left the EU and it would be the fault of those bringing and voting for the motion of no confidence – i.e. the Remainers themselves!

Anyway, I still reckon there'd be a last moment vote of confidence in Boris on the final sitting day available, so as to keep parliament open and prevent that election from happening.

And on a final note, can you imagine the trickery that the Remainers would be pulling to shut down parliament, if the legal default was to revoke the Article 50 letter and cancel Brexit?

Sources:

Confidence vote in Boris Johnson could be a no-deal Brexit 'trap'

https://www.bbc.co.uk/news/uk-scotland-scotland-politics-49320773

https://www.telegraph.co.uk/politics/2019/08/12/boris-johnson-has-publics-support-shut-parliament-get-brexit/

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