2.3 The legislative process Flashcards

1
Q

What is a legislative bill?

A

A proposal for a new law - or a change to an existing law, which is brought before parliament
- Can be introduced in either Commons or Lords

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2
Q

What is an act of parliament?

A

A bill that has completed all its stages in parliament and has become law.

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3
Q

Name the types of bills

A

1) Government bill or public bill
2) Private bill
3) Hybrid bill
4) Private member’s bill

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4
Q

What are govt/public bills?

A

Most important type of proposal - can be debated in parliament.

Can be brought forward by ministers to change public policy

E.g. - reorganisation of the NHS which was brought about by the 2012 Health and Social Care Act

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5
Q

What are private bills?

A

Much less common - sponsored by an organisation such as a company or local authority - with intention of changing the law as it affects that organisation

Group affected has right to petition parliament against it
- E.g. - 2013 London Local Authorities and Transport for London Act - introduced new powers for dealing with obstructions caused by builders and road users in the capital

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6
Q

What are hybrid bills?

A

Has characteristics of both a public and private bill - proposes changes to the law which would affect the general public, but certain groups or areas in particular.

E.g. - bill to build the HS2 rail link from London to Birmingham (and then to Manchester and Leeds).

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7
Q

What are private member’s bills?

A

Affects whole pop. - introduced by individual backbench MP or member of the Lords - much less likely than a govt bill to become law

  • Depend on time being found for them to complete all their stages in parliament
  • Commons - at start of each session - names of MPs applying to introduce a private member’s bill drawn in a ballot
  • Alternative is for a member to make proposal using ‘ten minute rule’ - allows for little more than airing of an issue in a speech - must last no more than 10 mins

E.g.:
- Imposition of a duty on councils and NHS services to look after people with autism, passed in 2009 which was initiated by Cheryl Gillan MP

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8
Q

What are the stages of the passing of a bill, starting in the Commons?

A
Commons:
1) 1st reading
2) 2nd reading
3) Committee stage
4) Report stage
5) 3rd reading
Lords:
1) 1st reading
2) 2nd reading
3) Committee stage
4) Report
5) 3rd reading
ROYAL ASSENT
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9
Q

What are the stages of the passing of a bill, starting in the Lords?

A
Lords:
1) 1st reading
2) 2nd reading
3) Committee stage
4) Report
5) 3rd reading
Commons:
1) 1st reading
2) 2nd reading
3) Committee stage
4) Report stage
5) 3rd reading
ROYAL ASSENT
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10
Q

How does a bill originate?

A
  • It may originate as a Green Paper (document setting out options for legislation and inviting consultation) and/or a White Paper (a more detailed statement of the govt’s intentions)
  • This whole stage is not compulsory
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11
Q

What happens in the 1st reading of a bill?

A
  • 1st compulsory stage

- Bill more available to MPs - isn’t debate or voted on at this stage

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12
Q

What happens in the 2nd reading of a bill?

A
  • Principle of the bill is debated

- A vote may be taken if it is contested

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13
Q

What happens in the committee stage of a bill?

A
  • Bill is scrutinised in detail by a public bill committee - formerly known as standing committee
  • Membership of committee reflects strength of parties in the Commons
  • Amendments may be made at this stage if the govt is prepared to accept them
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14
Q

What happens in the report stage of a bill?

A
  • Whole house considers amendments made at the committee stage and may accept or reject them
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15
Q

What happens in the 3rd reading of a bill?

A
  • Amended bill is debated and voted on by the whole House
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16
Q

What happens in the House of Lords stages (if bill starts in Commons)?

A
  • Bill goes through same stages in Lords - with exception of the committee stage - carried out by whole House
  • Lords can propose amendments
  • Commons had to decide whether to accept, reject or further amend these
  • The bill can go back and forth between the two Houses for up to a year before it becomes law - ‘parliamentary ping pong’
17
Q

How does a bill receive royal assent?

A
  • Monarch signs the bill, making it law - is a formality as the sovereign is a constitutional monarch - who wouldn’t get involved in politics by refusing to sign a bill