How primary legislation is made

Question 1

How do parliamentary sessions work

Answer 1

• Parliamentary elections every 5 years - fixed-term Parliaments Act 2011 (joint committee in March 2021 found that the statute was very flawed and in need of reform)
• Each 5 year parliament divided into years called sessions - although no fixed term:
• Recesses within each session - Winter, Easter, Summer
• Prorogation ends a parliamentary session
• State opening of parliament and the Queen’s speech for the parliamentary year

Question 2

What is a green paper (public bills)

Answer 2

• Introductory, high level, no initial statutory footing

Question 3

What is a white paper

Answer 3

• Government’s firm proposals for legislation, may establish consultative process

Question 4

Outline the process of legislation creation in the house of commons

Answer 4

first reading, second reading, Committee stage, Report stage, third reading - then House of Lords, then consideration of amendments, then Royal assent

Question 5

What happens in the first reading at the house of commons

Answer 5

• Formality
• Title of the bill read out to clerk of the house
• date fixed for a second reading - conventionally before two weeks have passed

Question 6

What happens in the second reading at the house of commons

Answer 6

Main debate on principles of the bill
• Typically opened by the Minister responsible for the Bill
• Vote is taken on the Bill

Question 7

What happens in the committee stage at the house of commons

Answer 7

• Most bill send to a standing committee – member varies (16 – 50) - members chosen by committee of selection due to their expertise or interest, should be representative of the political compisition
• Can have committees of the whole house
• Examines and votes on each clause of the bill line by line
• Proposes amendments
• Consolidated fund bills do not pass through committee (govs bank)

Question 8

What happens in the report stage at the house of commons

Answer 8

Back to the whole House of Commons
• MPs, on the floor of the House, can consider and propose further amendments to the Bill as examined by the
Committee

Question 9

What happens in the third reading at the house of commons

Answer 9

Debated for the final time – immediately after the report stage
• Short debate limited to the contents of the Bill, not what it should also include

Question 10

Outline the process of a successful legislation creation (after the legislation comes from the House of Commons) in the House of Lords

Answer 10

First reading - second reading - committee stage - report stage - third reading - (if any) amendments to be approved by House of Commons - Royal assent

Question 11

Outline the process of a less smooth legislation creation (after the legislation comes from the House of Commons) in the House of Lords

Answer 11

First reading - second reading - committee stage - report stage - third reading - (if any) amendments to be approved by House of Commons - ammendments not approved - back to second reading - possible period of ping pong - royal assent

Question 12

Outline the process legislation creation (before the legislation comes from the House of Commons) in the House of Lords

Answer 12

broadly Same process - 1, 2, committee, report, 3rd, House of Commons, ammendments, royal assent

Question 13

First reading of house lords

Answer 13

title read

Question 14

second reading in house of lords

Answer 14

main debate

Question 15

committee stage in house of lords

Answer 15

usually as a committee of the whole house, amendments proposed

Question 16

Report stage in HoL

Answer 16

further amendments and debate on what to include

Question 17

third reading in HoL

Answer 17

final vote - if successful, amendments approved by parliament and royal assent given,
if amendments not successful in HOC - possible ping pong period

Question 18

Describe and explain royal assent

Answer 18

• Every piece of legislation must be approved by the Queen - this is royal assent
• technically the Queen can reject a piece of legislation and refuse to sign it - but it would lead to a constitutional crisis
• Act comes into effect on date of royal assent unless otherwise specified in the act such as a commencement date or powers given to a secretary of state to give effect to the provisions at a later time

Question 19

What happens when act of parliament passes

Answer 19

• Completely unimpeachable in English law - validates concept of Parliamentary supremacy
• Act of Parliament cannot be declared ultra vires (beyond the powers) by a court such as delegated legislation can

Question 20

What are the different types of acts

Answer 20

I. Public Acts 
II. Private Acts 
III. Enabling legislation 
IV. Consolidating legislation 
V. Codifying legislation 
VI. Amending legislation

Question 21

What are the key points in the Parliament Act 1911

Answer 21

• Removed the House of Lords’ power to veto a bill - (can only provide amendments and changes)
• cannot delay bills over 2 years

Question 22

What are the key points in the Parliament Act 1949

Answer 22

• Lords cannot delay bills for longer then a year

- ‘Money bills’ can be enacted without HOL approval after a delay of one month

Question 23

What are the key points in the Salisbury convention

Answer 23

• Govt. bills can proceed through the lords when the elected government has no majority in the Lord
• Lords will not vote down a piece of legislation mentioned in their election manifesto

Question 24

The Parliaments Acts - use and legality

Answer 24

• acts used infrequently
• last laws passed without HOL consent:
• European Parliamentary elections act 1999 - HOL blocked 6 times
• Sexual offences (amendment) act 2000 - HOL repeated blocked attempts by HOC to lower the age of consent for gay men to 16
• Hunting Act 2004 - ban on hunting

Question 25

How is a private members bill processed

Answer 25

• ballot - member’s names drawn in a ballot, first 7 ballot bills are debated
• 10 minute rule - MPs make the case for their bill in 10 minutes, if successful bill is taken to first reading
• Presentation - introduced without debate, advance notice given, presented before the start of the main business