Overview

This bill, the Constitutional Privileges Act 2020, aims to protect certain constitutional processes from legal challenge. Specifically, it shields advice given to the monarch regarding the prorogation or dissolution of Parliament, and the summoning of Parliament, from judicial review. It also clarifies the parliamentary nature of Royal Commissions used for Royal Assent or prorogation.

Description

The bill addresses two key areas:

Advice to the Monarch

The bill prevents any court from questioning the advice given to Her Majesty the Queen by the Prime Minister or the Lord President of the Council concerning the prorogation (suspension) or dissolution (ending) of Parliament, or the issuing of a proclamation to summon (call) a new Parliament.

Royal Commissions

The bill establishes that the execution of a Royal Commission for Royal Assent (giving formal approval to legislation) or the prorogation of Parliament is considered a parliamentary proceeding under the Bill of Rights. This strengthens the protection of these procedures.

The bill applies to England, Wales, Scotland, and Northern Ireland and comes into effect immediately upon being passed.

Government Spending

The bill is not expected to have a significant direct impact on government spending. No specific figures relating to government spending are provided in the text of the bill.

Groups Affected

• The Judiciary: The bill limits their ability to review certain governmental actions related to the functioning of Parliament.
• The Executive (Government): The bill provides legal protection for the Prime Minister and Lord President of the Council's advice to the monarch on key constitutional matters.
• Parliament: The bill reinforces the privileges and procedures of Parliament, particularly regarding Royal Assent and prorogation.
• Citizens: The bill may indirectly affect citizens by limiting avenues for legal challenge to certain governmental actions impacting Parliament.

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