- What does it mean to prorogue the UK’s parliament?
‘Prorogation’ is the official term for the suspension of operations in the UK’s parliament. Proroguing differs from dissolving the parliament in that dissolution requires all MPs to give up their seats in advance of a general election.
When the parliament is prorogued, the effect is more like hitting a pause button on operations at Westminster — MPs are allowed to retain their seats and members of cabinet are allowed to retain their positions but all debates and votes cease, and legislation passing through the parliament tends to lose its impetus unless it is actively raised once parliament resumes.
The British monarch alone possesses the power to prorogue the UK’s parliament, and usually does so on the advice of the prime minister. MPs cannot therefore vote in favour or against prorogation.
- So why is Boris Johnson proroguing the UK’s parliament now?
On Wednesday, it was announced that British prime minister Boris Johnson had advised Queen Elizabeth to prorogue the UK’s parliament in the second week of September. It later emerged that Queen Elizabeth had complied with this request.
Mere days after the conclusion of the summer recess on September 3, operations will once more be suspended at Westminster. The prorogation is likely to begin on September 9 or 10, and will continue until the Queen’s Speech on October 14.
The Queen’s Speech traditionally marks the commencement of a new parliamentary session, and allows the government to outline its legislative agenda for the coming months.
Rejecting accusations that his administration requested the prorogation to curtail MPs’ efforts to block a no-deal Brexit or to postpone the October 31 ‘do or died’ deadline, Boris Johnson claims that the decision was taken to enable his government to ‘bring forward an ambitious new legislative programme for MPs’ approval.’
- Is it standard practice to prorogue the UK parliament?
Despite appearances, Johnson’s decision to prorogue parliament isn’t atypical. Actually, the UK parliament is prorogued on an almost annual basis in September or October, and the current session of parliament, which began in June 2017, is the longest session in nearly four centuries.
Newly elected administrations such as Johnson’s generally do request a prorogation in order to allow them to find their governmental bearings, and to compile a legislative strategy going forward.
The parliament can be prorogued for varying lengths of time. In 2016, proceedings at Westminster were suspended for four days, while in 2014 parliament was prorogued for 13 days.
- So why is this prorogation so controversial?
The announcement of the UK’s parliament prospective prorogation has prompted widespread criticism from Johnson’s political opponents and has occasioned numerous public protests, with speaker of the House of Commons John Bercow describing the move as a ‘constitutional outrage’.
The primary source of concern is the timing of the prorogation. With the ‘do or die’ Brexit deadline of October 31 less than two months away, and the next EU Council meeting scheduled to take place on October 17, the planned suspension will place severe time constraints on MPs seeking to pass legislation that would rule out a no-deal Brexit or compel Johnson to seek another extension of Article 50.
The suspension also means that MPs would not be able to hold a vote of no confidence in Johnson’s administration, something Labour Party leader Jeremy Corbyn has been threatening to do once parliament recommences.
Essentially, the backlash against Johnson’s decision has stressed the allegedly anti-democratic nature of the prorogation, with SDLP leader Colum Eastwood describing the move as the action of a ‘tin-pot dictator’.
- Can it be stopped?
Technically, Queen Elizabeth could have refused Johnson’s request to prorogue the UK parliament. It was announced on Wednesday, however, that she had complied with the prime minister’s advice and would not exert her monarchical privilege to resist Johnson.
Former Conservative prime minister John Major believes that legal action can be taken to halt the prorogation, and stated in July that he would be happy to initiate such proceedings personally in the event that Johnson suspended operations at Westminster.
Mr Major said: ‘The Queen’s decision cannot be challenged in law but the prime minister’s advice to the 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.’
Johnson, however, has scorned Mr Major’s intended course of action as being ‘absurd’.
Petitions and protests have also been launched in opposition to the prorogation. By Thursday morning, the petition to prevent the shutdown of parliament had reached over 1.1 million signatures, 11 times as many necessary for parliament to debate the petition. As MPs cannot vote against prorogation, however, it is unclear what impact this would have.
It has been suggested by numerous political sources critical of Johnson that Mr Corbyn will table a motion of no confidence next week in the short window between the conclusion of the summer recess and the beginning of the suspension.
- What does this mean for Brexit?
The main fear surrounding the announcement of the prorogation is that it significantly increases the likelihood of a no-deal scenario on October 31.
Although Johnson has repeatedly expressed his willingness to negotiate a new withdrawal agreement with the EU, his unbending opposition to the backstop arrangement and his failure so far to propose any viable alternatives mean that the situation does not look promising.
Johnson has also repeatedly insisted that the UK will leave the EU on October 31 come hell or high water, meaning that he is happy for the UK to crash out of the EU if negotiations fail to produce an agreement satisfactory to his administration.
The prospective prorogation means that opposition members and backbench MPs will now face severe time constraints if they wish to pass legislation blocking a no-deal scenario or forcing Johnson to extend the deadline.