The legislative process Flashcards
What is primary legislation? What is the name of this when it goes through Parliament?
- 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
What is secondary legislation? How does its passage to becoming law differ from Primary Legislation?
- 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.
What are Public Bills?
- 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.
What is a white paper ?
- Policy documents produced by the Government that set out the proposals for future legislation
What is a white paper ?
- Policy documents produced by the Government that set out the proposals for future legislation
What are Private Members’ Bills and how do they pass?
- 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.
What are Private Bills and how do they pass?
- 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
- Eg canals and railways in the 19th century
What example is there of a current Public Bill?
- 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
What example is there of a current Private Members’ Bill?
- 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
What processes must a Bill go through in order to become an Act of Parliament?
- A Bill must pass through a First Reading, Second Reading, Committee Stage, Report Stage, Third Reading and Royal Assent
What happens at the First Reading of a Bill? What is the purpose of this?
- 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.
What happens at the Second Reading of a Bill?
- The Government Minister responsible for the Bill initiates debate over the Bill
- Following this debate, the Bill is voted on by MPs.
What happens at the Committee Stage of a Bill IN THE COMMONS?
- 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
What happens at the Committee Stage of a Bill IN THE LORDS?
- 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.
Why is the Committee stage of a Bill so crucial?
- 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
