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Prorogation: How did the government suspend Parliament? Prorogation: How did the government suspend Parliament?
(about 7 hours later)
The UK Supreme Court is due to rule on whether the decision to suspend Parliament, only days after MPs returned to Westminster, was legal. The UK Supreme Court has ruled that the decision to suspend Parliament, only days after MPs returned to Westminster, was unlawful.
But why was Parliament shut down in the first place?But why was Parliament shut down in the first place?
How did the prime minister close Parliament?How did the prime minister close Parliament?
The official term for shutting down Parliament is "proroguing".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.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 Boris Johnson's gift to ask the Queen to shut Parliament.So, it is within Boris Johnson's gift to ask the Queen to shut Parliament.
However, even though the Queen agreed to the request, legal proceedings were brought against the government.However, even though the Queen agreed to the request, legal proceedings were brought against the government.
While prorogation is normal, the timing of it in this case is "clearly hugely controversial", says Maddy Thimont-Jack, of the Institute for Government think tank. Why was it controversial?
Why is it controversial?
Normally, after a period of prorogation, Parliament reopens with a Queen's Speech. This is when the government outlines its priorities for the upcoming year.Normally, after a period of prorogation, Parliament reopens with a Queen's Speech. This is when the government outlines its priorities for the upcoming year.
Usually, this process is extremely straightforward. In fact, the House of Commons Library says proroguing has been a formality in the UK for more than a century.Usually, this process is extremely straightforward. In fact, the House of Commons Library says proroguing has been a formality in the UK for more than a century.
But the decision to prorogue - just weeks before the UK's scheduled departure from the EU - brought the Queen into the Brexit dispute.But the decision to prorogue - just weeks before the UK's scheduled departure from the EU - brought the Queen into the Brexit dispute.
The government defended its action, saying it had nothing to do with Brexit. It says proroguing Parliament will allow the PM to outline plans for domestic policies like NHS funding. Critics also said the reason Parliament was shut down was to minimise the opportunities to block a no-deal Brexit.
Opponents, on the other hand, say it is a ruse. The real reason Parliament was shut down, they argue, was to minimise the opportunities to block a no-deal Brexit. The government defended its action, saying it had nothing to do with Brexit. It argued proroguing Parliament was a "proceeding in Parliament" and would allow the PM to outline plans for domestic policies, like NHS funding.
However, despite having less Parliamentary time, MPs succeeded in passing a law that seeks to extend the Brexit deadline. However, the Supreme Court ruled against it. It said prorogation was unlawful because it stopped Parliament from being able to its job "without reasonable justification".
How often does prorogation happen? How did the Supreme Court consider the case?
Parliament is normally prorogued once a year for a short period - usually in April or May. Two of the UK's highest courts, one in England and one in Scotland, had already looked at whether prorogation was legal - only to come to opposite conclusions.
During this time all business stops and most laws that haven't completed their passage through Parliament die a death. The matter was settled by the UK Supreme Court.
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.
It is also different to a recess - a break in the Parliamentary session - which was due to take place this year from roughly 13 September to 8 October.
How long will be Parliament be prorogued?
This year, Parliament is due to be suspended for 24 working days before the new Queen's Speech on 14 October.
That's much longer than usual. In 2016, for example, Parliament was closed for four working days, while in 2014 it was closed for 13 days.
Could prorogation be stopped?
Two of the UK's highest courts, one in England and one in Scotland, have already looked at whether prorogation was legal - only to come to opposite conclusions.
The matter will now be settled by the UK Supreme Court.
It heard two appeals over three days, one from the anti-Brexit campaigner and businesswoman Gina Miller, and one from the government.It heard two appeals over three days, one from the anti-Brexit campaigner and businesswoman Gina Miller, and one from the government.
Ms Miller was appealing the English High Court's decision to reject her challenge to prorogation. Delivering its conclusions, the Supreme Court's president, Lady Hale, said: "The effect on the fundamentals of our democracy was extreme."
The government, on the other hand, was appealing the ruling from Scotland's Court of Session that the prorogation was "unlawful" and had been used to "stymie" Parliament. She added: "The decision to advise Her Majesty to prorogue Parliament was unlawful because it had the effect of frustrating or preventing the ability of Parliament to carry out its constitutional functions without reasonable justification."
The challenge to prorogation in the Scottish Court was brought by 75 parliamentarians, including SNP MP Joanna Cherry. How long was the government intending to prorogue?
The Supreme Court will make its ruling on Tuesday. Before the Supreme Court ruled it unlawful, Parliament was due to be suspended for 24 working days. The government had planned to reopened Parliament with a Queen's Speech on 14 October.
So could the government be ordered to reopen Parliament? That would have been a much longer prorogation than usual. In 2016, for example, Parliament was closed for four working days, while in 2014 it was closed for 13 days.
If the Supreme Court judges rule that prorogation is legal, then Parliament will remain shut until 14 October - unless the government advises the Queen to change the date. Will Parliament be opened?
If Ms Miller's side wins, it's still unclear how and when Parliament would resume - whether MPs could simply return to the Commons, or if they would need to be recalled by The Queen, on the advice of Mr Johnson. Not only was the decision to suspend Parliament unlawful, the Supreme Court also declared that "parliament is not prorogued."
This means MPs and peers will be able to sit again. Any laws that did not complete their passage through Parliament will now be resurrected.
The Speaker of the Commons, John Bercow, says the chamber "must convene without delay". He says this will be on Wednesday.