How primary legislation is made Flashcards
How do parliamentary sessions work
- 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
What is a green paper (public bills)
- Introductory, high level, no initial statutory footing
What is a white paper
- Government’s firm proposals for legislation, may establish consultative process
Outline the process of legislation creation in the house of commons
first reading, second reading, Committee stage, Report stage, third reading - then House of Lords, then consideration of amendments, then Royal assent
What happens in the first reading at the house of commons
- Formality
- Title of the bill read out to clerk of the house
- date fixed for a second reading - conventionally before two weeks have passed
What happens in the second reading at the house of commons
Main debate on principles of the bill
• Typically opened by the Minister responsible for the Bill
• Vote is taken on the Bill
What happens in the committee stage at the house of commons
- 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)
What happens in the report stage at the house of commons
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
What happens in the third reading at the house of commons
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
Outline the process of a successful legislation creation (after the legislation comes from the House of Commons) in the House of Lords
First reading - second reading - committee stage - report stage - third reading - (if any) amendments to be approved by House of Commons - Royal assent
Outline the process of a less smooth legislation creation (after the legislation comes from the House of Commons) in the House of Lords
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
Outline the process legislation creation (before the legislation comes from the House of Commons) in the House of Lords
broadly Same process - 1, 2, committee, report, 3rd, House of Commons, ammendments, royal assent
First reading of house lords
title read
second reading in house of lords
main debate
committee stage in house of lords
usually as a committee of the whole house, amendments proposed
Report stage in HoL
further amendments and debate on what to include
third reading in HoL
final vote - if successful, amendments approved by parliament and royal assent given,
if amendments not successful in HOC - possible ping pong period
Describe and explain royal assent
- 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
What happens when act of parliament passes
- 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
What are the different types of acts
I. Public Acts II. Private Acts III. Enabling legislation IV. Consolidating legislation V. Codifying legislation VI. Amending legislation
What are the key points in the Parliament Act 1911
- Removed the House of Lords’ power to veto a bill - (can only provide amendments and changes)
- cannot delay bills over 2 years
What are the key points in the Parliament Act 1949
- Lords cannot delay bills for longer then a year
- ‘Money bills’ can be enacted without HOL approval after a delay of one month
What are the key points in the Salisbury convention
- 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
The Parliaments Acts - use and legality
- 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
