Prorogation

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8.8Parliament is prorogued at the end of a session by a commission (preceded by a proclamation). The date to which Parliament is prorogued can subsequently be amended by a proclamation alone.1 The Supreme Court has ruled that prorogation is not a proceeding in Parliament.2

The command to prorogue Parliament is now exercised by certain Lords acting by virtue of a commission under the Great Seal.3 According to the usual practice, the commissioners communicate the prorogation to both Houses in the House of Lords.3A If there are any bills awaiting Royal Assent the commission authorises it to be signified. In this case Royal Assent is pronounced before the reading of the Queen's speech.4 Otherwise the senior member of the Government present proceeds immediately to the reading of the speech after the commission has been read by the Clerk. At the conclusion of the speech the Commissioners prorogue Parliament to the date named in the commission.5

On the return of the Commons to their own Chamber, the Speaker, sitting in the Clerk's place at the Table, reads to the House the terms of the commission and directs the terms of the speech to be entered in the Votes and Proceedings.6

Footnotes

  1. 1. Section 1 of the Prorogation Act 1867 provides that the Monarch can issue a proclamation to change the period of prorogation and that does not need to be effected by a commission, but this power does not apply to the original prorogation.
  2. 2. R (on the application of Miller) v The Prime Minister [2019] UKSC 41, [2019] 4 All ER 299, at [68].
  3. 3. Parliament was last prorogued by the Sovereign in person in 1854. For procedure when the Sovereign attends in person, see Erskine May (16th edn, 1957), p 294.
  4. 3A. A short suspension of the House of Commons, followed by a resumption, may occur while the House awaits the message to attend the House of Lords: HC Deb (12 May 2016) 609, cc 761–62.
  5. 4. For cases of prorogation without a speech see LJ (1783–87) 383; CJ (1820) 485; ibid (1892) 422; ibid (1895) 391; ed Sir Henry Maxwell The Creevey Papers: A selection from the correspondence and diaries of the late Thomas Creevey MP (1903) i, 341, ii, 5.
  6. 5. For procedure when a dissolution is contemplated, see Erskine May (23rd edn, 2004), p 274.
  7. 6. For example, HC Deb (27 April 2017) 624, c 1231.