2.3 - The Legislative Process

Question 1

What are the three categories of bills in Parliament?

Answer 1

• Private bills
• Private members bills
• Public bills

Question 2

What are private bills?

Answer 2

• If an organisations wishes to take an action that is currently forbidden by law, it can apply for a private bill to be passed by P to allow it to go ahead
• EG building roads or bridges or various uses of new land
• Private bills are usually considered in committees
• Rare for such bills to attract any publicity

Question 3

What are private members bills?

Answer 3

• Presented by individual MPs or groups of MPs and drawn from a ballot at the start of the year
• Due to lack of time for these motions only 7 are usually introduced
• Granted at least one reading but very unlikely to pass due to not enough interest or no gov support
• Even if a bill is supported by ministers or gov, any MP can stop its passage during the second reading by shouting ‘oppose’ – EG Sir Christopher Chope in 2018 on gov supported bills which would have banned upskirting and given additional legal protection to animals
• Shows PMBs are not very effective

Question 4

What are public bills?

Answer 4

• Most bills are public bills
• Presented by gov and expected to pass without too much fuss
• Normally proceeded by a white paper that outlines the proposal and is debated which then exposes any flaws that can be addressed – it is then subject to the legislative process as shown below

Question 5

What are the seven stages of the legislative process?

Answer 5

• First reading
• Second reading
• Committee stage
• Report stage
• Third reading
• House of Lords stage
• Royal assent

Question 6

What does the first reading involve?

Answer 6

A prepared bill is formally introduced to the chamber

Question 7

What does the second reading involve?

Answer 7

At this stage, the proposer of the bill must present more details and be subject to questions and debate – a vote is taken – PMBs often fall here but public bills nearly always carry on

Question 8

What does the committee stage involve?

Answer 8

After the second reading, the bill passes to the Public Bill Committee made up of 16-50 MPs – this body considers various aspects of the law and writes the finer details – make up of the public bill committee is in line with party representation in the commons with members instructed on what to do by the whips meaning gov has tight control over this process

Question 9

What does the report stage involve?

Answer 9

The Public Bill Committee reports back to the Commons and the whole chamber votes on the proposed amendments – other MPs may introduce amendments here – once each amendment has been considered and voted upon, the bill is ready for final approval

Question 10

What does the third reading involve?

Answer 10

The final version of the bill is presented and debated in the Commons followed by a vote by the whole chamber – if successful it goes on to the HoL – if not it may return to committee stage or be dropped entirely

Question 11

What does the House of Lords stage involve?

Answer 11

Bill is introduced to the House of Lords and goes on the same passage as in the Commons – if the Lords suggest amendments it must be sent back to the Commons for approval or rejection – once all differences have been ironed out the Lords vote, and usually approve, the final draft

Question 12

What does the royal assent involve?

Answer 12

Once both chambers have passed the bill it is sent to the monarch for royal assent – they could refuse to sign it and effectively veto it, but this hasn’t happened since Queen Anne in 1708 – once they have signed the bill it becomes law

Question 13

Interactions between the Commons and the Lords - What usually happens with the Salisbury Convention?

Answer 13

• Public bills must go through both houses to become law
• Normally the Lords follows the lead of the Commons and passes the law, thanks largely to the Salisbury convention

Question 14

Interactions between the Commons and the Lords - How has this relationship changed in recent years?

Answer 14

• In recent years the Salisbury Convention has become less important as the 2010-15 gov had no clear mandate, nor did the 2017-19 gov
• Between 2015-17 Lib Dem peers suspended the Salisbury convention as the gov had such a small majority

Question 15

Interactions between the Commons and the Lords - What happens if the Lords proposes an amendment and what can happen if the Lords drags its feet?

Answer 15

• If the Lords proposes an amendment, it must go back to the Commons for consideration
• However if it drags its heels in it may force the Commons into submission – this occurred in 2015 when a gov proposal to cut tax credits failed in the Lords and the gov was forced to accept defeat