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Prorogation: How can the government suspend Parliament? | |
(about 2 months later) | |
Prime Minister Boris Johnson has asked the Queen to suspend Parliament days after MPs return to work. | |
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. | |
That exit date is written into law, so if nothing changes the UK will leave automatically - whether or not a deal has been reached. | |
Can the prime minister close Parliament? | |
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? |
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. |
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. | |
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. | |
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. | |
The length of time varies - in 2016 Parliament was closed for four working days, while in 2014 it was closed for 13 days. | |
This year, Parliament would be suspended for about 23 working days before the new Queen's speech on 14 October. | |
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. | |
Why is it 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. | |
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. | |
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. | |
Supporters say suspending Parliament would respect the 2016 referendum by guaranteeing the UK leaves the EU on 31 October. | |
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". | |
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? |
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". |