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Brexit: What is proroguing Parliament? Prorogation: How can the government suspend Parliament?
(about 2 months later)
Sir John Major, the former Conservative Prime Minister, has threatened to use the courts to try to stop the next prime minister from shutting down Parliament in order to force through a no-deal Brexit. Prime Minister Boris Johnson has asked the Queen to suspend Parliament days after MPs return to work.
Most MPs are against leaving the EU without a deal and could try to stop it from happening. It means MPs are unlikely to have time to pass laws that could stop the UK leaving the European Union (EU) without a deal on 31 October.
The new prime minister could try to get round this by closing Parliament in the run-up to Brexit day, which is currently scheduled to be 31 October. That exit date is written into law, so if nothing changes the UK will leave automatically - whether or not a deal has been reached.
Boris Johnson - who wants to succeed Theresa May as Conservative leader and prime minister - has repeatedly refused to rule out such a move. Can the prime minister close Parliament?
So how could it work? Yes, he can.
The official term for shutting down Parliament is "proroguing".
MPs do not vote to prorogue - it's a power that rests with the Queen, done on the advice of the prime minister.
So it is within Mr Johnson's gift to ask the Queen to shut Parliament, dramatically reducing the influence of MPs.
With Parliament not sitting, MPs would not be able, for example, to hold a vote of no confidence in the government.
How is Parliament normally closed?How is Parliament normally closed?
The official term for shutting down Parliament is "proroguing" and it normally happens once a year for a short period - usually in April or May. Parliament is normally prorogued once a year for a short period - usually in April or May.
During this time, all business stops, so most laws that haven't completed their passage through Parliament die a death (although some may be "carried over" to the next session).During this time, all business stops, so most laws that haven't completed their passage through Parliament die a death (although some may be "carried over" to the next session).
MPs keep their seats and ministers remain in position - but no debates and votes are held in Parliament.MPs keep their seats and ministers remain in position - but no debates and votes are held in Parliament.
This is different to "dissolving" Parliament - where all MPs give up their seats to campaign in a general election.This is different to "dissolving" Parliament - where all MPs give up their seats to campaign in a general election.
So could a prime minister force Parliament to close? It's also different to a recess - a break in the parliamentary session - which was due to take place this year from roughly 13 September - 8 October.
In theory, yes. So in theory prorogation only loses MPs up to seven parliamentary days - but, unlike recess dates which MPs get to approve, they will not be consulted.
MPs do not vote to prorogue, it's a power that rests with the Queen - done on the advice of the prime minister. It's normal for new governments to shut down Parliament, in order to hold a Queen's Speech, which sets out the government's plans for the next year or so.
So a prime minister determined to force a no-deal Brexit could, in theory, ask the Queen to shut Parliament to dramatically reduce the influence of MPs. The length of time varies - in 2016 Parliament was closed for four working days, while in 2014 it was closed for 13 days.
With Parliament not sitting, MPs would not be able to block a no-deal Brexit - for example, by holding a vote of no confidence in the prime minister. This year, Parliament would be suspended for about 23 working days before the new Queen's speech on 14 October.
Jeremy Hunt, one of the leadership candidates, has categorically ruled out proroguing Parliament. While prorogation is normal, the timing of it in this case is "clearly hugely controversial", says Maddy Thimont-Jack at the Institute for Government think tank.
But, Boris Johnson, on the other hand, says he would "not take anything off the table". Why is it controversial?
Why would it be controversial? As well as reducing the influence of the elected Parliament in a major decision, it could also make planning for a no-deal Brexit harder.
It would bring the Queen right into the heart of the Brexit dispute. That's because the prime minister - without a sitting Parliament - will not be able to pass laws to cushion the impact of no deal. Such laws, for example, might deal with allocating extra money or resources.
Normally, a prime minister's request to the Queen to prorogue is extremely straightforward. It also brought the Queen right into the Brexit dispute. Normally, a prime minister's request to the Queen to prorogue is extremely straightforward. In fact, the House of Commons Library says it has been a formality in the UK for more than a century.
In fact, the House of Commons Library says it has been a formality in the UK for more than a century. Supporters say suspending Parliament would respect the 2016 referendum by guaranteeing the UK leaves the EU on 31 October.
But in the current climate, the Queen would have to decide to accept or deny the request. But opponents say it is undemocratic and undermines MPs - most of whom are against no deal. Tory backbencher Dominic Grieve called the move "an outrageous act".
If it was granted, planning for a no-deal Brexit would be much harder.
That's because the prime minister - without a sitting Parliament - would not be able to pass laws to cushion the impact of no deal - for example, allocating extra money or resources.
Supporters, however, say such a move would respect the 2016 referendum by guaranteeing the UK leaves the EU on 31 October.
But opponents say it would be undemocratic and undermine MPs - most of whom are against no deal. Amber Rudd, the Work and Pensions Secretary, has called the suggestion "outrageous".
According to the Institute for Government think tank, the last time Parliament was closed to get round opposition to government policy was in 1948 - following the Lords' opposition to the Parliament Bill.According to the Institute for Government think tank, the last time Parliament was closed to get round opposition to government policy was in 1948 - following the Lords' opposition to the Parliament Bill.
Could it be stopped?Could it be stopped?
Sir John Major believes the Queen would have to agree to close Parliament if requested - because refusing would create a constitutional controversy. In July, former Conservative Prime Minister Sir John Major threatened to use the courts to stop Parliament from being shut down.
He told BBC News: "The Queen's decision cannot be challenged in law but the prime minister's advice to the Queen can, I believe, be challenged in law - and I for one would be prepared to seek judicial review to prevent Parliament being bypassed."He told BBC News: "The Queen's decision cannot be challenged in law but the prime minister's advice to the Queen can, I believe, be challenged in law - and I for one would be prepared to seek judicial review to prevent Parliament being bypassed."
While some believe a legal challenge could work, a source close to Boris Johnson told BBC News the threat of court action was "absurd".While some believe a legal challenge could work, a source close to Boris Johnson told BBC News the threat of court action was "absurd".