Dissolution of the Parliament of the United Kingdom

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Major Peter Oweh, Common Cryer and Serjeant-at-Arms of the City of London, reading the dissolution proclamation at the Royal Exchange, London, on 31 May 2024 Dissolution of Parliament 2024 Royal Proclamation (15).jpg
Major Peter Oweh, Common Cryer and Serjeant-at-Arms of the City of London, reading the dissolution proclamation at the Royal Exchange, London, on 31 May 2024

The dissolution of the Parliament of the United Kingdom occurs automatically five years after the day on which Parliament first met following a general election, [1] or on an earlier date by royal proclamation at the advice of the prime minister. The monarch's prerogative power to dissolve Parliament was revived by the Dissolution and Calling of Parliament Act 2022, which also repealed the Fixed-term Parliaments Act 2011. By virtue of amendments made by the Dissolution and Calling of Parliament Act to Schedule 1 to the Representation of the People Act 1983, the dissolution of Parliament automatically triggers a general election. [2]

Contents

The last dissolution of Parliament occurred on 30 May 2024, following the announcement that the 2024 general election would be held on 4 July. [3] [4] [5]

Mechanism

Parliament is dissolved by the King on the Prime Minister's request. After agreeing to the request the King will authorise a proclamation at a Privy Council meeting, which he will then order to be issued under the Great Seal of the Realm. [6]

As soon as Parliament is dissolved, members of Parliament cease to hold office, and they may not enter the Palace of Westminster, although they and their staff continue to be paid until polling day. Ministers retain their positions until the election, but government activity is limited to prevent public funds being used to support the incumbent government's electoral campaign. [7] Parliament is usually prorogued or adjourned before it is dissolved. Parliament may continue to sit for a wash-up period of a few days after the Prime Minister has announced the date when Parliament will be dissolved, to finish some last items of parliamentary business. Business left unresolved after this period will not be entered into law. [7]

After Parliament has dissolved, a royal proclamation is made summoning a new Parliament, fixing the date when the new Parliament is to assemble, and requiring the issuing of writs of summons to the Lords Spiritual and Temporal and writs of election for the members of the House of Commons. If Parliament is dissolved by proclamation, the proclamation dissolving it will usually also summon the next one. While it is the royal proclamation, and subsequent Order in Council, which direct the issue of writs of election, the amended parliamentary election rules direct that a writ is to be deemed to have been received the day after Parliament has been dissolved [2] and that therefore, the general election process can begin before the writ is received by returning officers. The poll for the general election is held 25 working days (a day which is not a weekend, bank holiday or a day of national mourning or thanksgiving) after Parliament is dissolved. By tradition, a copy of the royal proclamation is delivered by hand from the Privy Council Office to Mansion House in the City of London. The proclamation is then read out on the steps of the Royal Exchange by the Common Cryer and Serjeant-At-Arms of the City. [8] [9] Similar reading also takes place on the Royal Mile in Edinburgh by the Lord Lyon King of Arms. This tradition was again carried out in May 2024. [8] [10]

BY THE KING
A PROCLAMATION FOR DISSOLVING THE PRESENT PARLIAMENT AND DECLARING THE CALLING OF ANOTHER
Whereas We have thought fit, by and with the advice of Our Privy Council, to dissolve this present Parliament, which stands prorogued to Friday, the thirty-first day of May: We do, for that End, publish this Our Royal Proclamation, and do hereby dissolve the said Parliament accordingly: And the Lords Spiritual and Temporal, and the Members of the House of Commons, are discharged from further Attendance thereat: And We being desirous and resolved, as soon as may be, to meet Our People, and to have their Advice in Parliament, do hereby make known to all Our loving Subjects Our Royal Will and Pleasure to call a new Parliament: and do hereby further declare, that, by and with the advice of Our Privy Council, We have given Order that Our Chancellor of Great Britain and Our Secretary of State for Northern Ireland do respectively, upon Notice thereof, forthwith, issue out Writs, in due Form and according to Law, for calling a new Parliament: And We do hereby also, by this Our Royal Proclamation under Our Great Seal of Our Realm, require Writs forthwith to be issued accordingly by Our said Chancellor and Secretary of State respectively, for causing the Lords Spiritual and Temporal and Commons who are to serve in the said Parliament to be duly returned to, and give their Attendance in, Our said Parliament on Tuesday, the ninth day of July next, which Writs are to be returnable in due course of Law.

Given at Our Court at Buckingham Palace, this thirtieth day of May in the Year of our Lord two thousand and twenty four and in the second year of Our Reign.

CHARLES R

GOD SAVE THE KING!

Proclamation for the dissolution of Parliament made on 30 May 2024 [4] [5]

History

Prior to the Triennial Acts, Parliaments of England could be summoned and dissolved at the Sovereign's discretion. The Acts mandated that gaps between parliaments must not exceed three years, [11] but did not originally put in provisions for mandated dissolution, leading to the Long Parliament which was formed in 1640 and was not dissolved until 1660, [12] and the Cavalier Parliament which sat continuously for 18 years. The 1694 Act set the maximum duration to three years, with mandatory general elections between each. This legislation was carried forward into the Parliament of Great Britain following the ratification of the Acts of Union 1707.

The Septennial Act 1715 increased the maximum length of a parliament to seven years, after which time it would automatically expire. [13] This was later amended by the Parliament Act 1911, reducing the maximum term to five years. This could, however, be overridden at the pleasure of Parliament. The length of a Parliament has been extended on two occasions since 1911, once during each of the two World Wars. At any time the Sovereign could dissolve Parliament and call a general election. In accordance with constitutional convention, the Sovereign did not act independently, but at the request of the Prime Minister. Constitutional experts held that the monarch might refuse permission under the Lascelles Principles if a Parliament had more than a year still to run and if another person could potentially command a majority in the House of Commons. In practice, this meant that a Prime Minister with a Commons majority and the support of his party had de facto authority to dissolve Parliament at a time of his choosing. Prior to 1918, it was the Cabinet who collectively sought permission from the monarch in order for Parliament to be dissolved. However, since 1918, the Prime Minister alone sought the permission of the Sovereign. [14]

Summary of historical term lengths of the Parliament of the United Kingdom

YearTerm (years)ActNotes
17073 (maximum)Ratification of the Acts of UnionFormation of Parliament of Great Britain.
17157 (maximum) Septennial Act 1715 Maximum 7-year duration of Parliament. Parliament to be dissolved before the seventh anniversary of its first sitting.
18017 (maximum) Acts of Union 1800 Formation of Parliament of United Kingdom.
19115 (maximum) Parliament Act 1911 Maximum 5-year duration of Parliament. Parliament to be dissolved before the fifth anniversary of its first sitting.
Second World War 10Various Acts of ParliamentMaximum 5-year duration of Parliament extended by the Prolongation of Parliament Act 1940, Prolongation of Parliament Act 1941, Prolongation of Parliament Act 1942, Prolongation of Parliament Act 1943 and Prolongation of Parliament Act 1944; each Act of Parliament extended the maximum duration of Parliament for another year.
Post-WW25 (maximum) Parliament Act 1911 Maximum 5-year duration of Parliament. Parliament to be dissolved before the fifth anniversary of its first sitting.
20115 Fixed-term Parliaments Act 2011 Five-year interval between ordinary general elections. General elections were scheduled to take place on the first Thursday in May in every fifth year or the first Thursday in May on the fourth year if the previous election took place before the first Thursday in May, unless one of two situations arises, mentioned below.
20225 (maximum) Dissolution and Calling of Parliament Act 2022 Parliament automatically dissolves at the beginning of the day, which is the fifth anniversary of the day on which it first met unless dissolved earlier.

Fixed-term Parliaments Act

Fixed term parliaments were introduced by the Fixed-term Parliaments Act 2011 following the Conservative–Liberal Democrat coalition agreement promulgated after the 2010 election, thereby repealing the Septennial Act 1715 and abolishing the ability of the Prime Minister unilaterally to request an election prior to the expiry of the five-year term. [15] By the Fixed-term Parliaments Act, general elections were to be held at fixed intervals and Parliament was to be dissolved 17, later 25, working days before the polling day for the next general election. The date for the next general election could be brought forward if the House of Commons passed a motion of no confidence in the Government or passed a motion for an early general election with a two-thirds majority. [16] The Act did not affect the Sovereign's power to prorogue Parliament. [17]

Under the Fixed-term Parliaments Act, writs of election were issued to the returning officers of each constituency automatically by virtue of section 3(3) of the Act. This was due to the fact that the royal proclamation no longer summoned the holding of the election, but only the meeting of the new Parliament.

Parliament was dissolved automatically due to the expiration of its term for the first time on 30 March 2015, as opposed to being dissolved by royal proclamation. Although Prime Minister David Cameron met the Queen on the day of the dissolution, the only business discussed was the calling of the new Parliament, and not a request for a dissolution, as had happened at every such meeting historically, [18] and the subsequent royal proclamation made on 30 March simply called for the holding of the next Parliament. [19] At the 2015 general election, the period between the dissolution of the previous Parliament and the meeting of the new Parliament was the longest period the United Kingdom had been without a Parliament since 1924. [20]

The 2017 general election was called by virtue of a motion for an early general election under the Fixed-term Parliaments Act. The motion was passed in the House of Commons with a vote of 522 to 13. [21]

In accordance with the provisions of the Early Parliamentary General Election Act 2019, Parliament was dissolved without passing the motion cited under the provisions of section 2(2) of the Fixed-term Parliaments Act 2011, which was then the default mechanism for dissolving Parliament prior to the expiration of its term. The 2019 Act fixed the polling day for the next general election as 12 December 2019, as if it had under section 2(7) of the Fixed-term Parliaments Act. [22] This caused Parliament to be dissolved by virtue of section 3(1) of the Fixed-term Parliaments Act on 6 November.

Dissolution and Calling of Parliament Act

In December 2020, the Conservative government published a draft Fixed-term Parliaments Act 2011 (Repeal) Bill, later retitled the Dissolution and Calling of Parliament Bill when it was introduced to the House of Commons in May 2021, [23] which would repeal the Fixed-term Parliaments Act in its entirety, restore the monarch's prerogative powers to dissolve Parliament at the prime minister's request, and ensure that a parliamentary term automatically ends five years after a Parliament's first meeting, with the polling day being held 25 working days later. [24] The bill was given royal assent on 24 March 2022. [25] The first dissolution of Parliament under this bill occurred on 30 May 2024, following its prorogation six days earlier. [7]

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References

  1. ↑ "Dissolution and Calling of Parliament Act 2022". legislation.gov.uk. Retrieved 29 March 2022.
  2. 1 2 "Dissolution and Calling of Parliament Act 2022". legislation.gov.uk. Retrieved 29 March 2022.
  3. ↑ "General election latest: Rishi Sunak announces 4 July vote in Downing Street statement". BBC News. 22 May 2024. Retrieved 22 May 2024.
  4. 1 2 "Orders Approved and Business Transacted at the Privy Council, Held by The King at Buckingham Palace on 30th May 2024" (PDF). Privy Council Office. 30 May 2024. Retrieved 31 May 2024.
  5. 1 2 "No. 64411". The London Gazette . 3 June 2024. p. 10598.
  6. ↑ Torrance, David (22 May 2024). "The King and the dissolution of Parliament for a general election". House of Commons Library. Retrieved 31 May 2024.
  7. 1 2 3 Culbertson, Alix (23 May 2024). "General Election 2024: What happens now an election has been called?". Sky News. Retrieved 24 May 2024.
  8. 1 2 Durrant, Will (31 May 2024). "Royal Proclamation read to mark the dissolution of Parliament". The Independent. Retrieved 31 May 2024.
  9. ↑ City of London website, ceremonial page Archived 29 April 2017 at the Wayback Machine . Accessed 28 April 2017
  10. ↑ Lockwood, Nathan. "Historic ceremony heralds dissolution of UK Parliament as Edinburgh prepares for polling day". The City of Edinburgh Council.
  11. ↑ "Triennial Acts". Oxford Reference. Retrieved 24 May 2024.
  12. ↑ Ridley-Castle, Thea (25 August 2023). "Short, long, or in-between: How long do parliaments last?". www.electoral-reform.org.uk. Retrieved 24 May 2024.
  13. ↑ Kelly, Richard; Maer, Lucinda (25 February 2016). "The Parliament Acts". House of Commons Library. UK Parliament. Retrieved 24 May 2024.
  14. ↑ Twomey, Anne (2019). The Veiled Sceptre: Reserve Powers of Heads of State in Westminster Systems. Cambridge: Cambridge University Press. p. 362. ISBN   9781108799300.
  15. ↑ "Cameron defends change over election vote rules". BBC News Online . 14 May 2010.
  16. ↑ "Fixed-term Parliaments Act 2011". legislation.gov.uk. Retrieved 29 March 2022.
  17. ↑ "Fixed-term Parliaments Act 2011".
  18. ↑ Kelly, Richard (28 January 2015). "Dissolution of Parliament - Commons Library Standard Note". www.parliament.uk. Parliament of the United Kingdom. Retrieved 30 March 2015.
  19. ↑ "No. 61188". The London Gazette . 1 April 2015. p. 6014.
  20. ↑ "New legislation means 2015 election will see longest period without a Parliament since 1924". Archived from the original on 25 February 2015. Retrieved 24 February 2015.
  21. ↑ Sparrow (now), Andrew; Phipps (earlier), Claire; Martinson, Jane; Mason, Rowena (19 April 2017). "General election 2017: MPs vote in favour of 8 June poll by margin of 509 – as it happened". The Guardian. ISSN   0261-3077 . Retrieved 29 March 2022.
  22. ↑ "Early Parliamentary General Election Act 2022". legislation.gov.uk. Retrieved 29 March 2022.
  23. ↑ "Dissolution and Calling of Parliament Bill". parliament.uk. Retrieved 4 February 2022.
  24. ↑ "Government to fulfil manifesto commitment and scrap Fixed-term Parliaments Act". GOV.UK. 1 December 2020. Retrieved 4 February 2022.
  25. ↑ "Tried and tested system for calling elections restored". GOV.UK (Press release). 24 March 2022. Retrieved 26 March 2022.
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