23 - Green/White Papers - Parliamentary Bills

Question 1

Green/ White Papers

General

Answer 1

Consultation documents prior to the implementation of new laws.

Creates consultation with interested parties outside of Parliament.

Allows for the law to be responsive to political, economic and social changes.

Question 2

Green Paper…

Answer 2

This is usually the first stage of setting new laws that the Government wants to bring in.

Green Papers usually ask some big questions about policy direction and often give a broad indication of what the Government wants to achieve.

Green Papers provide an opportunity for the public to say what they think – they usually include some questions that the Government would like people to answer.

Question 3

White Paper…

Answer 3

After people’s comments to a Green Paper have been analysed the next step is for the Government to publish a White Paper. White Papers contain more detailed proposals about what the Government wants to achieve.

They are usually based on a mixture of feedback from the Green Paper and additional research that Government departments have done.
There are usually opportunities for the public to comment on White Papers.

Question 4

Command Paper…

Answer 4

A command paper is a document issued by the government and presented to Parliament. White papers, green papers, reports from Royal Commissions and various government bodies can all be released as command papers, so-called because they are presented to Parliament formally ‘By Her Majesty’s Command’.

Question 5

What are the types of Parliamentary Bills?

Answer 5

Public Bills

Private Member’s Bills

Private Bills

Hybrid Bills

Question 6

Public Bills…

Answer 6

Public Bills can be introduced by either the House of Lords or the House of Commons

Public Bills go through a number of set stages that generally involve members of both the House of Lords and the House of Commons examining the Bill

Public Bills that are largely financial, or involve the public’s money - like new taxes or public spending - are always introduced in the House of Commons

Once a Public Bill has been passed into law, it becomes an Act of Parliament

The conditions of Public Bills apply to the general public, such as a change to the national speed limit on motorways

Members of the public who want to voice their objections to Public Bills can do so by:

Writing to their MP or a Lord

Writing to the government department responsible for the Bill

Lobbying Parliament

Submitting evidence to the relevant Public Bill Committee

Question 7

Private Member’s Bills…

Answer 7

Private Member’s Bills are Public Bills that are introduced by MP’s and Lords who are not government ministers

As with other Public Bills their purpose is to change the law as it applies to the general population.

A minority of Private Members’ Bills become law but, by creating publicity around an issue, they may affect legislation indirectly

PrivateMembers’ Bills have precedence over government business on thirteen Fridays in each session understanding order 14 (9).

Onthe first seven Fridays allotted to Private Members’ Bills, precedence is givento ballot bills.

Like other Public Bills, Private Members’ Bills can be introduced in either the House of Commons or the House of Lords and must go through the same set stages. However, as less time is allocated to these Bills, it isless likely that they will proceed through all the stages.

Private Members’ Bills introduced in the Lords go through the same stages as any other Public Bill. Once completed, and if an MP supports the Bill, it continues in the Commons. Lords Private Members’ Bills are treated like other Private Members’ Bills, but do not have priority over Bills introduced in the Commons. They are therefore unlikely to have much, if any, time devoted to them.

To introduce a Bill a Member needs to provide its short title (by which it is known) and its long title (which describes briefly what it does). Complete texts are not necessary and some Private Members’ Bills are never published in full.

There are three ways of introducing Private Members’ Bills in the House of Commons:

The Ballot

The Ten Minute Rule

Presentation

Question 8

Private Member’s Bills…

The Ballot

Answer 8

Ballot Bills have the best chance of becoming law, as they get priority for the limited amount of debating time available.

The names of Members applying for a Bill are drawn in a ballot heldon the second sitting Thursday of aparliamentary session.Normally, the first seven ballot Bills are most likely to get a day’s debate

The first reading (formal presentation - no debate)of ballot Bills takesplace on the fifth sitting Wednesday of a parliamentary session.

Question 9

Private Member’s Bills…

The Ten Minute Rule

Answer 9

Ten Minute Rule Bills are often an opportunity for Members to voice an opinion on a subject or aspect of existing legislation, rather than a serious attempt to get a Bill passed.

Members make speeches of no more than ten minutes outlining their position, which another Member may oppose in a similar short statement.
It is a good opportunity to raise the profile of an issue and to see whether it has support among other Members.

Question 10

Private Member’s Bills…

Presentation

Answer 10

Any Member may introduce a Bill in this way as long as he or she has previously given notice of their intention to do so.

Members formally introduce the title of the Bill but do not speak in support of it - they rarely become law.

Question 11

Private Bills…

Answer 11

Private Bills are usually promoted by organisations, like local authorities or private companies, to give themselves powers beyond, or in conflict with, the general law.

Private Bills only change the law as it applies to specific individuals or organisations, rather than the general public. Groups or individuals potentially affected by these changes can petition Parliament against the proposed Bill and present their objections to committees of MPs and Lords.

The Chairman of Ways and Means in the Commons and the Lord Chairman of Committees in the Lords decide which Bills start in the House of Commons and which start in the House of Lords. Politically contentious Private Bills are more likely to start in the Commons.

Parliament requires that Private Bills are publicised through newspaper adverts, official gazettes of local areas, and in writing to all interested parties. People directly affected by a Private Bill - for example, residents near a proposed site for a new cemetery - should also be informed.

Any group or individual directly affected by a Bill’s proposals can object to it through petitions, examined and considered by committees of MPs and of Lords

The Court of Referees is charged with considering the rights of a petitioner to make a challenge against a Private Bill.

Question 12

Hybrid Bills…

Answer 12

Hybrid Bills mix the characteristics of Public and Private Bills. The changes to the law proposed by a Hybrid Bill would affect the general public but would also have a significant impact for specific individuals or groups. The Bill passed concerning the construction of the Channel Tunnelwas anexample of aHybrid Bill.

Hybrid Bills often propose works of national importance but in a specific area of the UK. Examples are the Channel Tunnel Bills passed in the 1970s and 1980s that affected the South East of the UK, and the Crossrail Bill to build a new east to west rail link through central London passed in 2008.

The Public Bill Offices decide whether a Bill falls into the Hybrid category. Both Houses debate these Bills and they go through a longer parliamentary process than Public Bills.

Opponents to Hybrid Bills may submit petitions and certain individuals and groups can state their case before a select committee.

Question 13

Once presented the bill will go through the following stages in each House in turn…

Answer 13

First Reading

Petitioning Period

Second Reading

Committee Stage

Report Stage

Third Reading

Royal Assent

Question 14

First Reading…

Answer 14

In the Commons, a Private Bill is laid on the Table of the House the next sitting day after a copy of the Bill has been deposited in the Private Bill Office. The process is a formality and there are no other proceedings in the House itself.

In the Lords, there are no proceedings in the House at all - the introduction of the Bill is recorded in the LordsBusiness andMinutes of Proceedings.

Question 15

Petitioning Period…

Answer 15

Starting on or about 22 January and ending about 8 or 10 days later in the Commons and about fortnight in the Lords.

When the bill goes to the second House the petitioning period in either Houses is 10 days and begins on the day of first reading.

Question 16

Second Reading…

Answer 16

(This is often approved formally unless a Member wishes to have a debate on the Bill. In the Commons the motion may be repeatedly blocked, which can delay progress indefinitely. The principles of the bill are debated on third reading.)

Second reading is the first opportunity for MPs or Lords to debate a Private Bill which they oppose.

Unopposed Bills proceed without debate

If a Private Bill is not opposed by an MP or Lord at the time of its second reading, the second reading is complete once the Clerk has read out the title of the Bill. The Bill then moves on to its committee stage.

Any MP or Lord may oppose a Private Bill at second reading. If a Private Bill is opposed at second reading, time must be found on the floor of the House to debate it. Debates on Private Bills at second reading tend to be wide-ranging, often including discussion on the general subject of the Bill as well as its specific merits.

As with Unopposed Private Bills, once the Bill has had its second reading, it moves on to committee stage.

Question 17

Committee Stage…

Answer 17

The purpose of the committee stage for Private Bills is to decide whether the Bill should be allowed to proceed, and if so, whether any amendments should be made

Bills which have outstanding petitions against them are considered by an Opposed Bill Committee, whereas bills not petitioned against go to an Unopposed Bill Committee.

Both Opposed Bill Committees and Unopposed Bill Committees are specially appointed.

In the House of Lords it is possible for a bill to be considered by an Opposed Bill Committee and an Unopposed Bill Committee.

An Opposed Bill Committee has two main tasks:

Listening to the arguments presented by those responsible for promoting the Bill, and by those petitioning against the Bill. This may include taking evidence from witnesses. The Committee must decide if the general case for the Bill (known as the ‘preamble’) has been proved.

Examining the Bill clause by clause, including any new clauses or amendments that have been proposed.

Proceedings in an Unopposed Bill Committee are usually much briefer than for an Opposed Bill Committee. The main business is for the promoter of the Bill to explain why it is needed and to answer any questions from the committee.

As with the Opposed Bill Committee, the Unopposed Bill Committee must decide whether the general case for the Bill has been proved.

Question 18

Report Stage…

Answer 18

The Report Stage is only available in the Commons and is the last chance for MPs to amend the bill. In the Lords, Private Bills do not have a report stage after they have left committee

The Report Stage for a Private Bill offers an opportunity on the floor of the House for MPs to oppose amendments made in committee or to propose new amendments

If there is no objection to the amendments made in committee, or to any new amendments, there is no debate at report stage.

If there is an objection to the amendments made in committee, or to any new amendments, there can be a debate on the floor of the House at report stage. Procedure is very similar to report stage for Public Bills. Any MP can propose a new amendment, or object to an amendment already made in committee.

The Speaker selects which amendments will be considered by the House during report stage. Similar amendments can be grouped together for debate.
As there is no report stage for Private Bills in the House of Lords, the Bill goes straight from committee stage to third reading.

Question 19

Third Reading…

Answer 19

The principles of the bill are debated on third reading.

It is the opportunity for the House to reject the bill.

It is also the last chance for MPs and Lords to debate or block a Private Bill.

Debate on third reading is usually limited to discussion on the general content of the Bill, rather than focussing on specific elements. No amendments can be made at third reading.

Third reading of Private Bills in the House of Lords is often formal, with no debate

In Lords the bill can be amended on third reading

When a Bill has passed through both Houses it may return to the first House (where it started) when amendments made by the second House are considered.

After the third reading, and when both Houses are agreed on the contents of a Private Bill, it can receive Royal Assent and become an Act of Parliament.

Question 20

Royal Assent…

Answer 20

(Granted by the Monarch) means that the Bill becomes an Act of Parliament

Question 21

Bills and the Voting Process…

Answer 21

Bills may not be made into laws if they are defeated by MPs voting against them.

Question 22

Whips…

Answer 22

Whips are MPs or Lords appointed by each party in Parliament to help organise their party’s contribution to parliamentary business. One of their responsibilities is making sure the maximum number of their party members vote, and vote the way their party wants.

Question 23

Other whip duties

Answer 23

Whips frequently act as tellers (counting votes in divisions). They also manage the pairing system whereby Members of opposing parties both agree not to vote when other business (such as a select committee visit) prevents them from being present at Westminster.

Whips are also largely responsible (together with the Leader of the House in the Commons) for arranging the business of Parliament. In this role they are frequently referred to as ‘the usual channels’.

Question 24

The Whip

Answer 24

Whips are MPs or Lords appointed by each party in Parliament to help organise their party’s contribution to parliamentary business. One of their responsibilities is making sure the maximum number of their party members vote, and vote the way their party wants.

Every week, whips send out a circular (called ‘The Whip’) to their MPs or Lords detailing upcoming parliamentary business. Special attention is paid to divisions (where members vote on debates), which are ranked in order of importance by the number of times they are underlined. Important divisions are underlined three times - a ‘three-line whip’ - and normally apply to major events like the second readings of significant Bills.

Question 25

Three-line whips

Answer 25

Defying a three-line whip is very serious, and has occasionally resulted in the whip being withdrawn from an MP or Lord. This means that the Member is effectively expelled from their party (but keeps their seat) and must sit as an independent until the whip is restored.

Question 26

Small majorities and whips

Answer 26

The job of the whips becomes more important if the majority of the party in government is small. This makes it easy for the government to lose in major votes. Therefore, it’s crucial that the whips on both sides (government and opposition) try to get as many Members to vote as possible.

Question 27

Free Vote…

Answer 27

If a free vote is announced, MPs and Members of the Lords are allowed to vote as they wish and are not controlled by the parties’ whips.