The Legislative Process Flashcards
What are the two types of Public bills?
- Government bills
- Private Members Bill’s
What do Government bills seek to do?
Usually, They seek to fulfil manifesto commitments but new legislation can be brought in due to changing circumstances (e.g. Covid)
Which type of Public bills are the most likely to succeed and why?
Government bills because the government controls the parliamentary timetable and they are to fulfil manifesto requirements
Who pilots Government bills through Parliament?
Ministers
Who introduces Private Members Bills?
introduced by any MP
What issues do Private Members Bills regard?
any issue
What do Private Members Bills need to succeed?
government support
What is an example of a Private Members Bill which reflects that they are a way of legislating on issues of conscience?
the Abortion Act 1967
What do Private Bills affect?
particular areas of policy or a specified organisation
How do Public Bills differ from Private Bills?
Public bills affect areas of policy or a specific organisation as opposed to the population as a whole
What is an example of a Private Bill which only deals with regulations affecting one or two people?
granting a dispensation from existing law
What is the 9 stage process of the normal passage of legislature (brief)?
1) Pre-Legislative stages
2) Green Paper
3) White Paper
1) First Reading
2) Second Reading
3) Committee Stage
4) Report Stage
4) Third Reading
5) Repeat process for opposite house
6) Royal Assent
What happens at the pre legislative process?
an Act of Parliament starts out as an idea for a new law
What is a green paper?
sets out the idea for a new law and the reasoning behind it
What is a white paper?
This sets a firm proposal
What happens at the First Reading?
this is the formal introduction of a bill to the relevant House (usually the HOC)
What happens at the Second Reading?
the minister outlines the principles of the Bill which follows debate
What happens at the Committee Stage?
This stage allows for the detailed scrutiny of the Bill by a Public Bill Committee and possible amendments
How many MP’s sit on a public bill committee?
15-60
What is the composition of the Public Bill Committee based on?
the composition of the HOC
Why will members be chosen for a Public Bill Committee? (2)
- Due to expertise
- Due to interest in a particular field
What is an example of a Bill in which the whole House will sit as a committee?
the Finance Bill
What happens at the Report Stage?
The Public Bill Committee will inform the House of any amendments
What can the HOC do when informed of any amendments by the Public Bill Committee?
-accept them or reject them
What does the Report Stage safeguard against?
acts as a safeguard against a small Committee ‘hijacking’ a Bill and amending it beyond its original purpose
What happens at the Third Reading?
There are no major amendments , Bill is either passed or rejected
What happens when the process is repeated in the opposite house?
Any amendments will have to be passed back to the originating House to consider and approve
What can conflict between the HOC and HOL over the passage of a Bill often be labelled as?
“parliamentary ping pong”
What Acts of Parliament allow the HOC to pass legislation without the approval of the HOL in certain circumstances?
Parliament Acts 1911 and 1949
What is an example of an Act in which the HOC used the Parliament Acts 1911 and 1949 to pass legislation without the approval of the HOL ?
Hunting Act 2004
What happens at the Royal Assent stage?
This is where the monarch of the day gives consent to the Bill and finally becomes an Act of Parliament
When was the last time a monarch did not give Royal Assent?
Queen Anne in 1707 with the Scottish Militia Bill
After Royal Assent, when does the Bill come into force/
At midnight or the date of commencement
What is an example of an Act where it did not come into force at midnight?
the HRA 1998 was passed in 1998 but came into force in 2000
How can the government of the day use the whip in their favour regarding Public Bill Committees?
They can whip those in their party to toe the party line