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| Parliament suspension: Readers' questions answered | |
| (about 1 hour later) | |
| Prime Minister Boris Johnson's plan to seek a suspension of Parliament in September, before recommencing just 17 days before the scheduled Brexit date, has prompted many questions from our readers. | Prime Minister Boris Johnson's plan to seek a suspension of Parliament in September, before recommencing just 17 days before the scheduled Brexit date, has prompted many questions from our readers. |
| The idea of shutting down Parliament in this way - known as prorogation - has caused controversy in political circles, with critics saying it would stop MPs being able to play their democratic part in the Brexit process in the run-up to the planned exit date of 31 October. | The idea of shutting down Parliament in this way - known as prorogation - has caused controversy in political circles, with critics saying it would stop MPs being able to play their democratic part in the Brexit process in the run-up to the planned exit date of 31 October. |
| We chose a sample of the questions we received from readers on this subject. Where we didn't know the answer, we enlisted the experts. | We chose a sample of the questions we received from readers on this subject. Where we didn't know the answer, we enlisted the experts. |
| 1. Could the Queen say no? - David Stephens | 1. Could the Queen say no? - David Stephens |
| It will be impossible for the Queen to turn down the prime minister's request, our royal correspondent Jonny Dymond writes. | It will be impossible for the Queen to turn down the prime minister's request, our royal correspondent Jonny Dymond writes. |
| The Queen acts on the advice of her prime minister. | The Queen acts on the advice of her prime minister. |
| While many, many people may be upset that Parliament is not going to sit at such time, precedent is on the side of those making this decision. | While many, many people may be upset that Parliament is not going to sit at such time, precedent is on the side of those making this decision. |
| The idea is these things are settled in the Palace of Westminster, not Buckingham Palace. | The idea is these things are settled in the Palace of Westminster, not Buckingham Palace. |
| The Queen has very little wriggle room to make any kind of political decision. | The Queen has very little wriggle room to make any kind of political decision. |
| 2. Could this lead to an early general election? - David Kuester | 2. Could this lead to an early general election? - David Kuester |
| Suspending Parliament might well trigger an election, says the Institute for Government's Hannah White. | Suspending Parliament might well trigger an election, says the Institute for Government's Hannah White. |
| She writes: "If a prime minister sought a prorogation in such controversial circumstances, then it seems highly likely that the Palace would look for ways to limit the Queen being drawn into the process. | She writes: "If a prime minister sought a prorogation in such controversial circumstances, then it seems highly likely that the Palace would look for ways to limit the Queen being drawn into the process. |
| "This might include hesitating long enough to allow Parliament the opportunity to send a Humble Address to Her Majesty (a direct message rejecting prorogation and/or the authority of the prime minister), or agreeing a motion of no confidence." | "This might include hesitating long enough to allow Parliament the opportunity to send a Humble Address to Her Majesty (a direct message rejecting prorogation and/or the authority of the prime minister), or agreeing a motion of no confidence." |
| Ms White says it is "probable" the Speaker John Bercow - who has already called the government's plan an offence against the democratic process - will find an opportunity for the House of Commons to consider a motion, even if the government does not provide time. | Ms White says it is "probable" the Speaker John Bercow - who has already called the government's plan an offence against the democratic process - will find an opportunity for the House of Commons to consider a motion, even if the government does not provide time. |
| If a majority of MPs vote against the government, a formal process kicks off under the Fixed-term Parliaments Act. | If a majority of MPs vote against the government, a formal process kicks off under the Fixed-term Parliaments Act. |
| This provides a two-week period in which an alternative government could attempt to command a majority before a general election is triggered. | This provides a two-week period in which an alternative government could attempt to command a majority before a general election is triggered. |
| Ms White adds that attempt to prorogue Parliament to pursue a no-deal policy is likely to prompt an election. "That may even be the intention," she says. | Ms White adds that attempt to prorogue Parliament to pursue a no-deal policy is likely to prompt an election. "That may even be the intention," she says. |
| 3. Doesn't this bring the Queen into the Brexit debate? - Teddy Greenwood | 3. Doesn't this bring the Queen into the Brexit debate? - Teddy Greenwood |
| Ms White says: "Asking the Queen to give effect to this strategy would draw her into a massive political debate - something which Number 10 and the Palace are normally at great pains to avoid." | Ms White says: "Asking the Queen to give effect to this strategy would draw her into a massive political debate - something which Number 10 and the Palace are normally at great pains to avoid." |
| 4. How long is the normal period of suspension before a Queen's speech? - Anon | 4. How long is the normal period of suspension before a Queen's speech? - Anon |
| It's normal for new governments to shut down Parliament in order to hold a Queen's Speech. | It's normal for new governments to shut down Parliament in order to hold a Queen's Speech. |
| 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 23 working days before the new Queen's speech on 14 October. | This year, Parliament would be suspended for 23 working days before the new Queen's speech on 14 October. |
| 5. Would a legal challenge succeed? - Carmel Dolan | |
| It is not possible to mount a legal challenge to the Queen's exercise of her personal prerogative powers - these include the granting of honours, appointing the prime minister and proroguing parliament, our legal correspondent Clive Coleman says. | |
| But it is possible to mount a legal challenge to the advice given to her by her prime minister. | |
| That would be done by a judicial review of the advice - in other words asking a court to rule on whether the decision to advise the Queen to prorogue was lawful. | |
| Those bringing it could argue that the prime minister has misunderstood and so failed to correctly apply the law relating to the power to prorogue. | |
| They would most likely argue that the power exists purely for purposes that are consistent with the healthy functioning of the country's parliamentary democracy. | |
| These purposes traditionally include enabling an election campaign to begin, and a Queen's speech to be prepared and delivered. | |
| If it was successfully argued that the purpose of Mr Johnson's announcement was to frustrate the way the UK's parliamentary democracy operates, a court could rule that the power has been misused and so was unlawful. | |
| Are we heading for a Supreme Court row? Very probably, our correspondent says. | |
| In July, former Conservative Prime Minister Sir John Major threatened to use the courts to stop Parliament from being shut down. | 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". |
| 6. Could this lead to another referendum on remaining or leaving? - Joyce | |
| The Institute for Government's Hannah White says she believes the events has made the likelihood of a second referendum less likely. | |
| She says: "It doesn't look like there's going to be time and a sufficient group of MPs backing that as an option before the likely Brexit date." | |
| 7. What about all the other non-Brexit business that Parliament needs to do? So much time has been spent on Brexit there must be a backlog. - Amandeep | |
| Ms White says the time spent on Brexit is part of the justification Boris Johnson has made in his letter to MPs today about the need to restart the [parliamentary] session. | |
| "But in practice it's not just about Brexit. It's about the fact that the government is in a minority in Parliament, it's been very hard to do anything significant on a legislative front, without risking defeats," she says. | |
| "So yes there's a lot to do and the new session may help a bit, but even once Brexit is done, the government won't have a large majority, so it may be looking for an election to try and increase that majority and do more on the domestic front." |