The 9th September marked the proroguing of Parliament, a move by Boris Johnson that has split opinions across the country. “Scuffles” broke out in the Commons with what were considered “chaotic scenes” of Labour MPs holding placards saying ‘silenced’, shouts of ‘shame on you’ and a boycott by both Labour and Liberal Democrat peers
Whether you agree with the apparent reasons for prorogation or not, there is no doubt that there will be consequences to all aspects of law, not just to the future of the all compassing Brexit deal.
So, what is proroguing and why is it effecting bills going through Parliament?
Proroguing signals the end of a Parliamentary session, bringing most bills to a close. Parliament will reconvene with a new Parliamentary session on the 14th October with the State opening of Parliament with the Queen’s speech. Proroguing normally takes place before a general election, and the killing off of bills travelling through Parliament reflects the constitutional principle that one Parliament cannot bind its successor.
Since 1998 some bills have been able to be carried through to the new Parliamentary session, subject to agreement by the Government and MPs; this is done to save Parliamentary time by not having to reintroduce the bill and start from scratch.
Before Parliament was prorogued there were 12 bills in the process of moving through Parliament. They had been making their way through, often rather quietly, in the shadow of Brexit but still under the watchful eye of those who will see their benefits in the legal profession.
In family law there are two bills of great importance, the Domestic Abuse Bill and the Divorce, Dissolution and Separation Bill
Regarding the Divorce Bill, ex-Justice Secretary David Gauke has stated that he is “disappointed” that the bill has been halted:
“Divorce reform is long overdue and the bill had overwhelming support amongst the public and in Parliament. I hope Parliament can return to this ASAP.”
Campaigners for the Domestic Abuse Bill have pleaded for the Prime Minister to deliver the bill on reconvening of Parliament. The charity Women’s Aid, in a joint letter to the PM seeking assurance, stated that “survivors cannot wait any longer for critical protections and support.”
Sources at Whitehall have stated there is still no clue as to whether these two pieces of legislation will be a priority when the Commons sit again in October, but with a general election rumoured to come before the end of November, it is unlikely these will become law or even be discussed in detail before January 2020
