Parliamentary Law Making Legislative Process of a Bill

Parliamentary Law Making – Legislative Process of a Bill Parliamentary Law Making Process of a bill © The Law Bank 1

Parliamentary Law Making – Legislative Process of a Bill Objectives • Describe the process a Bill passes through to become an Act of Parliament • Explain the legislative process • Evaluate the strengths and weaknesses of the process of a bill © The Law Bank 2

Parliamentary Law Making – Legislative Process of a Bill Draft Bill • • Draft Bills are issued for consultation before being formally introduced to Parliament. This allows proposed changes to be made before the Bill's formal introduction. Almost all Draft Bills are Government Bills. They allow examination and amendments to be made to texts and made more easily - before their formal introduction to Parliament as a Bill proper. Draft Bills are examined either by select committees in the Commons or Lords or by a joint committee of both Houses. The consultation process on Draft Bills may involve the government issuing a paper for public discussion and response. The best-known examples of this are White and Green Papers. Although not formal definitions, Green Papers usually put forward ideas for future government policy that are open to public discussion and consultation. White Papers generally state more definite intentions for government policy. © The Law Bank 3

Parliamentary Law Making – Legislative Process of a Bill Green Paper • A green paper is a tentative government report of a proposal without any commitment to action • The first step in changing the law. • Green papers may result in the production of a White Paper © The Law Bank 4

Parliamentary Law Making – Legislative Process of a Bill White Paper • Informal name for a parliamentary paper enunciating government policy • Mostly issued as “ Command Papers” • Issued by Government and lay out policy or proposed action on a topic of current concern • Consultation as to details of new legislation • Signifies a clear intention on part of government to pass new law • Attempt to operate dual roles of presenting firm government policy whilst inviting opinions upon them © The Law Bank 5

Parliamentary Law Making – Legislative Process of a Bill First Reading • To decide whether the Bill should progress to the second reading. • The short title and main aims of the Bill are announced • No debate at this stage but a verbal vote is taken • If the vote is in favour of the Bill a date is then set for the Bill's second reading • If successful followed by an order for the bill to be printed • Bill is published as a House of Commons Paper for the first time • Copies of it are distributed • Many private members' Bills fail to progress beyond this stage. • . © The Law Bank 6

Parliamentary Law Making – Legislative Process of a Bill Second Reading • The House debates the whole Bill and is focused on the main principles behind the Bill. • It usually takes place no sooner than two weekends after first reading. • The Minister or other promoter of the Bill starts the debate. • The official Opposition spokesperson responds with their views on the Bill. • At the end of the debate there is a vote for or against the Bill progressing further. • Should the Bill progress beyond this stage it is quite likely it will eventually become an Act of Parliament. © The Law Bank 7

Parliamentary Law Making – Legislative Process of a Bill Committee Stage • • Committee stage is where detailed examination of the Bill takes place. It usually starts within a couple of weeks of a Bill’s second reading, although this is not guaranteed. Government Bills are usually formally timetabled after they have received a second reading. The Bill is passed to the Standing Committee which is made up of between 16 and 50 MPs selected per party strength. The MPs selected will generally have a particular interest in the Bill or specialist knowledge of its content. The Standing Committee scrutinises the Bill clause by clause and makes amendments as required to ensure it conforms to the general approval given by the House at the second reading. All amendments made to the Bill are voted on. Some Bills, for example money Bills, are subjected to examination by the whole House at this stage In the House of Lords there are generally no specialist Standing Committees. The whole House scrutinises the Bill. © The Law Bank 8

Parliamentary Law Making – Legislative Process of a Bill Report Stage • Report stage gives MPs an opportunity, on the floor of the House, to consider further amendments (proposals for change) to a Bill which has been examined in committee. • The Standing Committee report the amendments made to the Bill during the Committee Stage back to the whole House. • Each amendment is debated and a vote is taken to decide whether it should be accepted or rejected. • The House may make additional amendments at this stage provided these are approved by a vote. • Should no amendments be made at the Committee Stage there is no need for the Report Stage and the Bill passes directly to the third reading. © The Law Bank 9

Parliamentary Law Making – Legislative Process of a Bill Third Reading • Third reading is the final chance for the Commons to debate the contents of a Bill. It usually takes place immediately after report stage as the next item of business on the same day. • This is a review of the whole Bill and a vote is taken to decide whether the Bill should proceed to the other House. • This stage is often a formality. • Amendments (proposals for change) cannot be made to a Bill at third reading in the Commons. • As the Bill has successfully completed its earlier stages it is unlikely to now fail. • In the House of Lords further amendments can be made at this stage. • After the third reading, the Bill is passed to the other House where it goes through the same stages. © The Law Bank 10

Parliamentary Law Making – Legislative Process of a Bill Limited Power of the Lords • If the Lords propose amendments to a Bill which has completed the process in the Commons, the Bill is returned to the Commons for a stage called Lords’ Amendments Considered. • At this stage the Commons may approve or reject the Lords' amendments. • Approximately 90 per cent of amendments are accepted by the Commons at this stage. • In the event that the Lords do not approve a Bill that has been approved by the Commons, then under the Parliament Acts 1911 and 1949 the Lords can delay the passage of a money Bill for one month and all other Bills for one year. © The Law Bank 11

Parliamentary Law Making – Legislative Process of a Bill Limited Power of the Lords • Once the time has elapsed the Commons can send the Bill for Royal Assent without the Lords' agreement. • In order to exercise this power the Bill must be re-introduced into Parliament in the next session and pass successfully through all the stages again. • Only four Acts have been passed using the Parliament Acts, these being the War Crimes Act 1991, the European Parliamentary Elections Act 1999, the Sexual (Amendment) Act 2000 and the Hunting Act 2004. • Supremacy of the House of Commons stems from the fact that it is a democratically elected body, answerable to the electorate. • The Lords have retained the power to reject a Bill that attempts to extend the duration of Parliament beyond five years. © The Law Bank 12

Parliamentary Law Making – Legislative Process of a Bill Royal Assent • On the day Royal Assent is granted, the Bill becomes an Act of Parliament • Most Acts come into force at midnight following Royal Assent, however, implementation of some Acts has to be delayed so as to allow necessary resources to be prepared and put into place: for example, the Police and Criminal Evidence Act 1984, which was brought into effect in stages so as to give sufficient time to the police to train personnel and acquire equipment necessary for compliance with the Act. • Acts of Parliament such as this are usually brought into force by delegated legislation. © The Law Bank 13

Parliamentary Law Making – Legislative Process of a Bill Objectives • Describe the process a Bill passes through to become an Act of Parliament • Explain the legislative process • Evaluate the strengths and weaknesses of the process of a bill © The Law Bank 14