Legislation Flashcards

1
Q

What is primary legislation? What is the name of this when it goes through Parliament? - Legislation

A

Primary legislation is law made by parliament in the form of a statute (Act of Parliament when passed). When going through the Parliamentary process, primary legislation is known as a Bill.

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2
Q

What is secondary legislation? How does its passage to becoming law differ from Primary Legislation? - Legislation

A

Secondary legislation is legislation which stems from powers granted by an initial Act of Parliament. Doesn’t go through all Parliamentary processes as Primary Legislation grants powers for statutory instruments to amend laws.

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3
Q

What are Public Bills? Give an example of this - Legislation

A

Public Bills are bills put forward by the government, preceded by a White Paper. This includes the Internal Market Bill and the EU Notification of Withdrawal Bill.

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4
Q

What are Private Members’ Bills and how do they pass? Give an example of this - Legislation

A

Private Members’ Bills are bills proposed by MPs and Peers which are chosen by ballot (about 7 a year). They have little chance of passing without government support. An example is the Abortion Act 1967, passed by David Steel, a liberal.

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5
Q

What are Private Bills and how do they pass? Give an example of this - Legislation

A

Private Bills are Bills proposed by private interests which require government approval for change to be made. These are considered by committees rather than Parliament as a whole, and can involve the building of new roads, railways or changing land use.

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6
Q

What example is there of a current Public Bill? - Legislation

A

The Nationality and Borders Bill gives the power to the government to withdraw British citizenship from dual nationals, as well as making unofficial immigration a criminal offence.

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7
Q

What example is there of a current Private Members’ Bill? - Legislation

A

The Electorate Candidates (Age) Bill, which aims to allow any person who is 18 or older on the day of an election to stand as a candidate. Came before the House in February 2020.

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8
Q

What processes must a Bill go through in order to become an Act of Parliament? - Legislation

A

A Bill must pass through a First Reading, Second Reading, Committee Stage, Report Stage, Third Reading and Royal Assent.

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9
Q

What happens at the First Reading of a Bill? What is the purpose of this? - Legislation

A

The short title of the Bill is read out and printed as a HoC/HoL Official Paper. This is a purely a formality in order to inform members that a Bill is on its way.

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10
Q

What happens at the Second Reading of a Bill? - Legislation

A

The Government Minister responsible for the Bill initiates debate over the Bill. Following this debate, the Bill is voted on by MPs.

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11
Q

What happens at the Committee Stage of a Bill IN THE COMMONS? - Legislation

A

A Public Bill Committee is formed to scrutinise the legislation line by line. The members of these committees are chosen by Whips, with the government having a majority on them. Members suggest amendments to the legislation and vote on these.

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12
Q

What happens at the Committee Stage of a Bill IN THE LORDS? - Legislation

A

In the Lords, the Committee stage is made up of the whole house, with any Peer capable of tabling an amendment to the Legislation. The government aims to ensure that they win votes, but this is not a formality in the Lords as no party has a majority.

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13
Q

Why is the Committee stage of a Bill so crucial? - Legislation

A

The Committee Stage is expected to improve legislation to ensure that it is clear and fair, as well as that it protects minorities and the vulnerable as best it can.

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14
Q

What happens at the Report Stage of a Bill? - Legislation

A

At the Report Stage, a Bill can have amendments suggested by Members, which has been presented to them following scrutiny by a committee.

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15
Q

What happens at the Third Reading of a Bill? - Legislation

A

At the Third Reading, a Bill is debated, usually immediately following the Report Stage. Following this debate, MPs or Peers vote on whether to approve the Bill.

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16
Q

After a Bill has passed through ONE house (Commons or Lords), what happens to it then? - Legislation

A

After a Bill has passed through one house, it will then swap to the other House, undergoing the same process again (3 Readings, a Committee Stage and Report Stage).

17
Q

When a Bill has gone through its Third Reading in the Second House (Commons or Lords), what happens then? - Legislation

A

Following Legislation being debated by both Houses and amendments suggested, both Houses must finally ratify the Bill by CONSIDERING AMENDMENTS, with the accepted Bill then going to the Monarch for Royal Assent.

18
Q

What happens if one House cannot agree on the Amendments suggested by another house at the Consideration of Amendments? What is this known as? - Legislation

A

If either house disagrees on amendments suggested by the other at the consideration of amendments, the Bill will travel between houses with the hope that an agreement will be reached allowing it to be ratified by each house. Known as Legislative Ping-Pong.

19
Q

In which house does a Bill first pass through? - Legislation

A

A Bill will first pass through the house in which the Member responsible for it sits. If a Peer is responsible, it is in the Lords, whereas if an MP is responsible then it is in the Commons.

20
Q

What is a white paper? - Legislation

A

A White Paper is a document outlining the terms and intentions of a Public Bill, presented to Parliament up to a year prior to its conversion into a Public Bill, where it is debated and voted on.

21
Q

How does the Salisbury Convention influence the passage of legislation? - Legislation

A

The Salisbury Convention binds the Lords to not vote against any legislation which is mentioned in any government’s victorious election manifesto. Not legally binding but treated as such.