Issue link: https://maltatoday.uberflip.com/i/1161128
29.08.19 8 FOREIGN NEWS COUNTDOWN TO BREXIT 63 DAYS TO GO PROROGATION, with precedent going back centuries, is a way to end the sitting of a par- liamentary session, allowing the executive to carry out its business without interference from MPs. Traditionally, it's been the King in the driver's seat: the monarch would call a Parliament in order to raise taxes for a war or to fund the court, and then prorogue it to stop it from over-reaching. But there is precedent in the modern era: prorogation was used as a workaround in 1948 to undermine efforts of the Lords to protect their powers. What is prorogation? Prorogation simply means the end of a par- liamentary session. It automatically happens when an election is called, and is not necessar- ily a drastic constitutional move. Parliament is either in session, prorogued or, under the terms of the Fixed-Term Parliament Act, dissolved. Jacob Rees-Mogg, who raised the prospect of prorogation in the current context, has previ- ously proposed a situation where Parliament is prorogued and the Government presses its agenda passively: in this case, by allowing the UK to slip into a no-deal Brexit. Here's what the Parliament website says about how it affects plans that are in motion: "Following prorogation all Motions, includ- ing early day motions and questions which have not been answered, will not progress any further. "A Bill which has not obtained royal assent by the end of the session in which it was in- troduced usually 'dies' and if the government or Member sponsoring the bill would like to carry on with the bill it has to be reintroduced in the next session unless a carry-over motion has been passed." e significance is this: if opponents of the Prime Minister attempt to bring legislation to block no-deal Brexit, they would need time to debate it and pass it. With parliament prorogued, the legislation would fall – meaning that even if the opposi- tion had managed to bring a vote, it could run out of time to get the law enacted. And there's no requirement to hold an elec- tion. e Government could come back with a new Queen's Speech once it decided to bring back Parliament. Procedural move Prorogation has occasionally been used to get around Commons rules and strictures be- fore. In 1948, the House of Lords was blocking reforms to its own power, and the Govern- ment had to resort to the provision of the 1911 Parliament Act to pass it. Under the 1911 Act, the Lords could only block legislation in three parliamentary ses- sions before it moved on. is had previously had significance when the Lords were block- ing Irish home rule – ultimately halted by the First World War and then the Irish war of in- dependence. To speed up the passage of what would be- come the 1949 Parliament Act, the Govern- ment prorogued Parliament to create a very short session of 10 days – rather than waiting for another whole session to pass. "It would not necessarily require a full queen's speech," constitutional expert Nikki da Costa wrote in the Daily Telegraph of that situation. "It could be made clear that this is for a very short duration with a longer session to follow." It also happened under Charles I in 1628 – foreshadowing further difficulties with Par- liament – as well as in 1831, during the Great Reform Crisis, and in 1997, to avoid a cash- for-questions debate. How does this affect Brexit? It depends on how it is used. Prorogation could be deployed to stop Par- liament from expressing its will by blocking no-deal Brexit and choosing a long extension, a softer Brexit or even a revocation. Proroguing at this stage, with the Brexit deadline so close on the horizon, would be ex- tremely controversial – especially as MPs have attempted to take more control of the process through indicative votes. Is it legal? at remains to be decided in the courts. Any attempt to prorogue Parliament would inevitably bring with it legal challenges. It has been reported that the Government feels it would be protected by announcing a date for a Queen's Speech after prorogation, rather than proroguing indefinitely. What it means to prorogue Parliament – and when it has happened before Prime Minister Clement Attlee used prorogation in 1948 THE Queen has approved Boris Johnson's request to suspend parliament from the middle of next month. In a move prompting a furious political row, parliament will be prorogued in the week begin- ning 9 September until 14 Oc- tober. is is the date on which a new Queen's Speech - detail- ing the legislative agenda of Mr Johnson's administration - will be held. Her Majesty approved the government's request for a five- week prorogation at a meeting of the Privy Council at Balmoral Castle, Scotland, on Wednes- day. e Privy Council is an advi- sory body to the Queen, but is effectively a means by which decisions taken by the govern- ment are then formally issued in the monarch's name. Although there are hundreds of Privy Counsellors, only cur- rent government ministers at- tend meetings. e prorogation will see par- liament lose a number of sitting days prior to the UK's scheduled departure from the EU on 31 October. Asked if he was denying op- position MPs the time to stop a no-deal Brexit, the prime minis- ter said: "No, that is completely untrue. "We are bringing forward a new legislative programme on crime, hospitals, making sure we have the education funding we need." He added there would be "am- ple time" for MPs to debate Brexit both before and after a "crucial" Brussels summit of EU leaders on 17 October. Conservative Party chairman James Cleverly also downplayed the significance of the action, claiming the government was planning a Queen's Speech "just as all new governments do". Downing Street pointed to the fact the current session of par- liament, which began in June 2017, is the longest since the Civil War. e DUP - who prop up the Conservative government at Westminster - welcomed the announcement of a Queen's Speech, prior to which their confidence and supply agree- ment with the Tories will be re- viewed. However, House of Commons Speaker John Bercow claimed it was "blindingly obvious that the purpose of prorogation now would be to stop parliament de- bating Brexit and performing its duty in shaping a course for the country". He called it a "constitutional outrage". Labour leader Jeremy Cor- byn said: "I am appalled at the recklessness of Johnson's gov- ernment, which talks about sovereignty and yet is seeking to suspend parliament to avoid scrutiny of its plans for a reck- less no deal Brexit. "is is an outrage and a threat to our democracy. "at is why Labour has been working across parliament to hold this reckless government to account, and prevent a disas- trous no deal which parliament has already ruled out. "If Johnson has confidence in his plans he should put them to the people in a general election or public vote." e prime minister has prom- ised to take the UK out of the EU on Halloween "do or die", despite a majority of the House of Commons being opposed to a no-deal Brexit. He has regularly repeated his commitment to securing a new Brexit deal with Brussels. Queen approves PM's request to suspend parliament Boiris Johnson has promised to take the UK out of the EU on Halloween "do or die"