Understanding Parliamentary Prorogation

The term 'prorogation' might conjure up images of political turmoil, particularly recalling the events surrounding Brexit. However, despite its recent controversial associations, prorogation is a standard, albeit significant, procedure in the UK parliamentary calendar. It marks the formal end of a parliamentary session, bringing most of its ongoing business to a close. Understanding prorogation is key to grasping the rhythm and mechanics of parliamentary life. This article delves into what prorogation entails, why it is necessary, its effects on parliamentary proceedings, and its historical significance, offering a comprehensive overview for anyone seeking to understand this fundamental aspect of governance.

What Exactly is Parliamentary Prorogation?

At its core, parliamentary prorogation is the official discontinuation of a parliamentary session without dissolving Parliament itself. A parliamentary session typically spans a year, usually commencing with the State Opening of Parliament and concluding with prorogation. This cycle allows for a structured approach to legislative business, with governments outlining their agendas and priorities for the upcoming year through the Queen's Speech, which follows prorogation. While a parliamentary term can last up to five years, sessions within that term are generally shorter, often concluding annually. The process signals a pause in the legislative activities of both the House of Commons and the House of Lords.

How Does Prorogation Work?

Prorogation is an exercise of the Crown's 'prerogative power', acting on the advice of the Privy Council, which is an advisory body to the monarch. In practice, the government of the day advises the monarch to prorogue Parliament, and this advice is typically followed. The formal announcement of prorogation is usually made in the House of Lords. While the monarch historically performed this duty in person, in modern times, a speech is read on their behalf. The process is ceremonial, often involving specific protocols, and marks a clear transition between parliamentary sessions.

Why is Prorogation Necessary?

The primary reason for prorogation is to facilitate the State Opening of Parliament and the delivery of the Queen's Speech. This event is crucial as it allows the government to present its legislative agenda and outline its policy priorities for the forthcoming year. A new session, initiated by the Queen's Speech, provides a clean slate and procedural opportunities to revisit or introduce legislation. It's a mechanism that allows for a formal reset, enabling the government to set a clear direction for the parliamentary year ahead. Without prorogation, the continuity of legislative business might become cumbersome, and the opportunity to present a fresh agenda would be lost.

The Impact of Prorogation on Parliamentary Business

Prorogation has a significant impact on the business of Parliament. Unless specific provisions, such as 'carry-over' motions, are made, virtually all business from the previous session falls. This includes:

• Unanswered Questions: Parliamentary questions that have not yet been answered lapse.
• Motions and Orders: Any motions set down or orders made for future consideration are cancelled.
• Bills: Bills that have not received Royal Assent before prorogation are lost. However, a government can table a 'carry-over' motion to allow a specific bill to continue into the next session, though a bill cannot be carried over more than once.

While most business ceases, select committee inquiries can continue, although committees themselves may not meet during the prorogation period. Statutory periods for scrutinising secondary legislation are suspended but the legislation itself remains valid.

What Do MPs Do During Prorogation?

During a prorogation period, Members of Parliament (MPs) and Peers are unable to formally debate government policy, scrutinise legislation, submit questions, or introduce new bills. This period often sees MPs returning to their constituencies to focus on local matters and engage with their constituents. For many, particularly in the lead-up to elections, this time is dedicated to campaigning and addressing local issues.

How Long is Parliament Prorogued For?

Historically, prorogation periods have varied. In more recent decades, since the 1980s, prorogation has typically been relatively short, often lasting no more than two weeks. Such periods usually precede either a general election (leading to the dissolution of Parliament) or the commencement of a new parliamentary session. However, the duration can be influenced by political circumstances, as seen in the controversial prorogation attempts.

The State Opening of Parliament: A Formal Beginning

The State Opening of Parliament is the ceremonial event that formally marks the start of a new parliamentary year. It is highlighted by the Queen's Speech, which is written by the government and delivered by the monarch from the throne in the House of Lords. This speech sets out the government's legislative programme and policy agenda for the session. The event is rich in tradition and ceremony, symbolising the unity of the three parts of Parliament: the Sovereign, the House of Lords, and the House of Commons. The ceremony includes a procession from Buckingham Palace, the donning of the Imperial State Crown and ceremonial robes by the monarch, and the reading of the speech.

Prorogation and its Controversial Past: The Brexit Context

The most high-profile instance of prorogation in recent memory occurred during the Brexit crisis in August 2019. Prime Minister Boris Johnson advised Queen Elizabeth II to prorogue Parliament for five weeks, from September to October. Critics argued that this was an attempt to prevent MPs from scrutinising or blocking a no-deal Brexit. The government maintained that the prorogation was to allow for the introduction of a new domestic policy agenda. However, the Supreme Court ruled the prorogation unlawful, stating it had the effect of frustrating Parliament's constitutional functions without reasonable justification. Following this ruling, Parliament resumed sitting.

Historical Instances of Prorogation

Prorogation has been used for various political purposes throughout British history:

• Charles I (1628): Prorogued Parliament after the Petition of Right, preceding his period of Personal Rule.
• Charles II (1678-1681): Used prorogation multiple times to prevent impeachments and the passage of the Exclusion Bill, which aimed to prevent James II from succeeding to the throne. These actions contributed to the Bill of Rights 1689.
• Great Reform Crisis (1831): King William IV prorogued Parliament in person to prevent a motion against dissolution being passed, thereby facilitating a new general election for the Reform Bill.
• Clement Attlee's Government (1948): Parliament was prorogued for a short session to enable the passage of legislation reducing the power of the House of Lords, specifically to overcome potential delays to nationalisation plans.
• 'Cash-for-Questions' Affair (1997): Prime Minister John Major controversially prorogued Parliament, avoiding a debate on a report concerning the affair, followed by a general election.

What is a Prorogation Period?

A prorogation period is the interval between the end of one parliamentary session and the commencement of the next, marked by the State Opening of Parliament. During this time, as mentioned, most parliamentary business ceases. Bills that have not received Royal Assent are lost unless a 'carry-over' motion is agreed upon. This period is essential for preparing for the new session, including drafting the Queen's Speech and organising the State Opening ceremony. While typically brief, the length and purpose of prorogation can be subject to political considerations.

Frequently Asked Questions

Q1: Is prorogation the same as dissolving Parliament?

No, prorogation ends a parliamentary session, while dissolution ends a Parliament altogether, leading to a general election. While prorogation can sometimes precede a dissolution, they are distinct procedures.

Q2: Can bills be saved during prorogation?

Yes, bills can be saved if a 'carry-over' motion is agreed upon by Parliament, allowing them to proceed in the next session. Otherwise, most bills lapse.

Q3: Who decides to prorogue Parliament?

The monarch decides to prorogue Parliament, but this is done on the advice of the government, typically the Prime Minister.

Q4: What happens if Parliament is prorogued unlawfully?

If a prorogation is found to be unlawful, as in the 2019 Brexit case, the Supreme Court can rule it null and void, and Parliament can resume sitting.

Q5: How often does prorogation normally occur?

In normal circumstances, prorogation usually occurs once a year, typically in the spring, to mark the end of a session and prepare for the next.

In conclusion, parliamentary prorogation is a vital, albeit sometimes politically charged, procedure. It serves as a formal marker for the end of a parliamentary session, clearing the decks for a new legislative agenda to be presented via the Queen's Speech. While its routine function is to facilitate the orderly progression of parliamentary business, its historical use has occasionally been intertwined with significant political events, highlighting its importance in the UK's constitutional framework.