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Prorogation: How can the government suspend Parliament? Prorogation: How can the government suspend Parliament?
(2 days later)
Prime Minister Boris Johnson has asked the Queen to suspend Parliament days after MPs return to work. Parliament will be suspended just days after MPs return to work in September, after the Queen agreed to a request from Prime Minister Boris Johnson.
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. It means MPs will have less time to pass laws that could stop the UK leaving the European Union 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. That current 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?Can the prime minister close Parliament?
Yes, he can.Yes, he can.
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 Mr Johnson's gift to ask the Queen to shut Parliament, dramatically reducing the influence of MPs. 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.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.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. 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. 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. It's normal for new governments to shut down Parliament, in order to hold a Queen's Speech, which sets out its 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.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. 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.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?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.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.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.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. The government has defended the decision, saying that proroguing Parliament to enable a Queen's Speech will allow the PM to address domestic policies like NHS funding
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". But opponents say it is undemocratic and undermines MPs' ability to prevent a no-deal Brexit. 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.
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. In response to Mr Johnson's decision to prorogue, the former Conservative Prime Minister Sir John Major announced he would use the courts to try and overturn it.
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." Joining forces with the anti-Brexit campaigner Gina Miller, Sir John said it is possible to legally challenge the advice the prime minister gave to the Queen.
While some believe a legal challenge could work, a source close to Boris Johnson told BBC News the threat of court action was "absurd". In a statement, Sir John said: "I promised that, if the prime minister prorogued Parliament in order to prevent members from opposing his Brexit plans, I would seek judicial review of his action.