P&E: Legislative Process Flashcards
Process in the HoC
- First reading: title is introduced and a date is given for the second reading.
- Second reading: A bill is debated and a vote is taken. A bill can be defeated at this stage.
- Goes to a Public Bill Committee, where it is examined in detail and amendments may be made.
- Report stage: the changes made by the Public Bill Committee are accepted or rejected.
- Third reading: Further debated and a vote is taken. A vote is unlikely to be defeated at this stage.
- Sent to the HoL.
Process in the HoL:
- First reading
- Second reading
- Public Bill Committee
- Report stage
- Third reading
- Parliamentary ping pong
- Royal assent
- Vice-versa if the bill is introduced in the HoL first.
What are government bills?
- Most bills are introduced by the government.
- These bills have a strong chance of being enacted
- They can give the bill enough time to be debated and they can use the whips to encourage the bill in the HoC.
- If it also in the government manifesto, they cannot obstruct it with amendments.
Why do critics say the government have too much power over the process?
- If the government has a majority, it will be able to rely on its MPs loyalty, making the debates largely a formality.
- The membership of the Public Bill Committee is proportional to party strength in the HoC, always have a majority.
- Whips also influence the selection of the PBC.
- MPs who are too critical of their government’s bills are unlikely to advance their careers.
Examples of a government with a majority being criticised:
Backbenchers elected during Blair’s landslide victories in 1997 and 2001 were often criticised for their lack of independence and for too readily showing government support without scrutiny.
Examples of a government with a majority being were rebelled against :
- In 2021, when the J government succeeded in their plans to introduce Covid passports in England in 2021.
- 99 C backbenchers voted against the proposals, forcing the government to rely on the support for the Labour party.
EU Withdrawal Agreement 2018:
- In January 2019, Theresa May’s government was defeated by 432-202.
- Biggest defeat ever
- In March 2019, a modified deal was defeated by 391-242.
- A third attempt in March was defeated by 344-286.
Letwin Amendment 2019:
- On 3 September 2019, in an emergency debate, 21 pro-EU Conservative MPs voted for Oliver Letwin’s amendment for the HoC to take control of parliamentary business to stop the possibility of the J gov to leave with no deal Brexit.
- Government lost 328-301.
The Fixed-term Parliaments Act 2019:
On 3 separate occasions, the J gov failed to secure the 2/3 majority under the FTPA 2019 to trigger a snap general election.
EU (Withdrawal Agreement) Bill 2019:
An attempt by the JG to limit discussion of the EU bill to 3 days was defeated 322/308.
What is a Private Member’s Bill?
- Private Members’ bills are public bills introduced by MPs and Lords who are not government ministers (members of the cabinet).
- Both MPs and Lords can introduce PMBs through the ballot, the Ten-Minute Rule and presentation.
Ballot:
A ballot is held at the beginning of each Parliament in which MPs can put forward proposals for a PMB. 20 bills enter the ballot and the top seven are usually debated. Most PMBs enter this way.
Ten-Minute Rule:
Can MPs can put forward their proposal in a 10 minute speech, much less likely to be successful.
Presentation:
An MP formally presents a PMB to the HoC.
How many PMBs were made into law in the 2023-24 session?
2.5% received royal assent.
How do PMBs so the influence or lack thereof influence of backbenchers?
- So few become law and most of them come from the HoC.
- Limited time is given to debate them on a Friday and there may not even be time for a division-vote- which is necessary for a bill to become a law.
- Since so little time is available hostile MPs can talk out a bill.
- Called filibustering.
- The impact of PMBs can be more about raising the profile of an issue rather than actually changing a law.
Example of a PMB, also research assisted dying bill
- 2018 Peter Kyle
- Representation of the People (Young People’s Enfranchisement) Bill, reduce the voting age in certain elections to 16.
- Not given enough time to proceed and the issue still retains a high parliamentary and public profile.
Filibuster Example:
- In 2016, John Nicholson MP introduced the Sexual Offences (Pardons Etc.) Bill
- Known as the Turing Bill, after Alan Turing who may have committed suicide after being prosecuted for same-sex acts
- Would have pardoned the living and dead men for same-sex historic sexual offences.
- Justice Minister Sam Gyimah spoke at length during the debate.
- Nicholas desperately tweeted about how if he kept talking until 14;30 the bill would die.
- Alleged filibuster led to the bill’s failure.
What happens if a PMB has cross-party support and government support?
- It does have a chance of becoming law.
- In 2021, Andrew Rosindell’s Animals (Penalty Notices) proposed fines for up to £5,000 for animal abuse.
- Given it had government support it made its way through Parliament easily.
House of Lords Reform Act:
- PMB introduced in 2014, most significant
- Introduced by Dan Byles MP.
- Made it possible for Lords to resign or retire and providing a mechanism for expulsion of peers because of criminal activity and non-attendance.