2A.1.1 Legislative process Flashcards
Bill
The name for a draft law going through Parliament before it passes all the parliamentary stages to become an Act of Parliament.
Green paper
A consultative document issued by the government putting forward proposals for reform of the law.
White paper
A document issued by the government stating its decisions as to how it is going to reform the law.
Act of Parliament
A law that has passed through all stages in Parliament and becomes part of the law of the land.
Legislative process [flow chart]
The process of an Act of Parliament
1) Green paper – Document for consultation.
2) White Paper – Details the government’s firm proposals for the bill.
3) 1st reading in Commons – Name and main aims of bill is read out
4) 2nd reading in Commons – Main debate and vote
5) Committee – Examination of every clause in minute detail by a Standing Committee.
6) Report stage – Committee reports back to House of Commons with any proposed amendments. Amendments will be debated in the House and accepted or rejected.
7) 3rd reading in Commons – Debate and vote. If it passes this stage is progresses onto the House of Lords.
8) House of Lords – Same process repeats. If any amendments are proposed, these are sent back to the House of Commons to be made. Parliamentary Ping Pong.
9) Royal assent – Bill is signed off by the King (a formality). (This is done after the bill passes through the House of Lords).
1st reading
The name and main aims of bill is read out
2nd reading
The main debating stage, where MPs can discuss the bill and vote on it.
Voting stage
MPs vote by filing through division lobbies in Parliament.
Committee stage
Examination of every clause in minute detail by a committee.
Report stage
Committee reports back to House of Commons with any proposed amendments. Amendments will be debated in the House and accepted or rejected.
3rd reading
Overall consideration of the bill and final votes to decide whether it goes any further.
If it passes this stage is progresses onto the House of Lords.
The legislative process in the House of Lords
If the bill passes in the House of Commons, it will progress into the House of Lords. The House of Lords will follow the same process as the Commons.
If it passes successfully, it is passed on to the King for Royal Assent.
If it does not pass, it is sent back to the House of Commons, with amendments.
The role of the Crown in the legislative process
The final stage is where the monarch formally gives approval to the Bill and it then becomes an Act of Parliament and part of the law.
This is now a formality and, under the Royal Assent Act 1967, the monarch will not even have the text of the Bills to which he is assenting – he will only see the title.
Importance of consultation
Consultation before any new law is valuable because it allows time for consideration. From time to time, governments are criticised for responding in a ‘knee-jerk’ fashion to incidents or a situation and, as a result, rushing through law that has subsequently proved to be unworkable. This occurred with the Dangerous Dogs Act 1991.
The Parliaments Act 1911 and 1949
The power of the House of Lords to reject a Bill is limited by the Parliament Acts 1911 and 1949. These allow a Bill to become law even if the House of Lords rejects it, provided that the Bill is reintroduced into the House of Commons in the next session of Parliament and passes all the stages again there.
What are the differnt types of bills?
- Public Bills
- Private Bills
- Private Members’ Bills
When do bills become an act of parliament?
After it successfully completes all the necessary stages in Parliament.
Public bills
The most frequent form of bill. They usually involve matters of public policy that will affect either the whole country or a large section of it. Most government bills are in this category. For example, the Public Order Act, LASPO 2012, Equality Act 2010.
Private Bills
Private bills are designed to only affect individual people or corporations, not the whole country.
- For example, the University College London Act 1996 was passed to combine the three hospitals together.
Private Members’ Bills
Private members’ bills are introduced and sponsored by individual MPs. Under the parliamentary process, there can be a ballot in each parliamentary session in which 20 private members are selected to present a Bill to Parliament.
Relatively few Private Members’ Bills become law, but there have been some important laws passed as a result of such bills.
Give examples of some Private Members’ Bills
- The Abortion Act 1967, which legalised abortion in Great Britain
- The Marriage Act 1994, which allowed people to marry in any registered place, not only in register offices or religious buildings
- The Household Waste Recycling Act 2003, which places local authorities under a duty to recycle waste.
