No Deal Brexit will happen on 31 October, even if MPs vote to bring down the government, Geoffrey Cox says The attorney general believes that MPs do not have the power to stop a no-deal Brexit from going ahead

Attorney General Geoffrey Cox has suggested that a no-deal Brexit could happen even if MPs vote to block it and bring down the government.

Mr Cox, the government’s chief legal adviser and a key member of the Boris Johnson cabinet, weighed in ahead of a likely showdown between Mr Johnson and Parliamentarians on the issue.

According to The Times, the attorney general believes that MPs are not able to block a no-deal Brexit from happening on 31 October, even if Mr Johnson loses a vote of no confidence in the House of Commons and the government collapses.

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He believes a no-deal Brexit could even occur partway through an snap election campaign, according to the newspaper.

Breaking convention

David Cameron’s former attorney general Dominic Grieve, an outspoken opponent of no-deal Brexit, spoke out against the suggestion.

He told The Times: “There is a long-established convention that once a general election has been called no government should take anything other than caretaker decisions.

“No important policy decisions should be taken which could fetter the freedom of an incoming government. No greater fetter could exist than if we irrevocably withdraw from a major treaty.

“Therefore any government once the purdah period has kicked in must seek to preserve the status quo by asking the EU for an extension until sometime after the election.”

Mr Johnson has a majority of just two in Parliament, which is likely to fall further if the party loses the Brecon and Radnorshire by-election on 1 August.

Fragile majority

A number of Tory MPs have already indicated they could be willing to bring down the government if it seeks a no-deal Brexit.

Read more This is what happens if the UK leaves the EU without a deal

Mr Grieve said earlier this month: “If we get to a point where a prime minister is intent on doing [a no-deal Brexit] the only way of stopping that prime minister would be to bring down that prime minister’s Government.

“And I simply have to say here and now and I will not hesitate to do that if that is what is attempted, even if it means my resigning the whip and leaving the party.”

Mr Johnson will face multiple lawsuits if he attempts to bypass Parliament and bring about a no-deal Brexit without support from MPs.

Former Prime Minister John Major, businesswoman Gina Miller and a cross-party group of MPs and peers have all signalled plans to bring legal action if he follows through on a threat to prorogue Parliament to force a no-deal Brexit.