The Legislative Process

Question 1

what is a legislative bill?

Answer 1

A legislative bill is a proposal for a new law or a change to an existing law brought before Parliament

can be introduced in either the House of Commons or the House of Lords

Question 2

what is an act of parliament?

Answer 2

an act of parliament is a bill that has completed all the stages in the legislative process and has become law

Question 3

what are the different types of bill?

Answer 3

types of bill…

• public bill
• private bill
• hybrid bill

Question 4

PUBLIC BILL: what is a public bill?

Answer 4

A public bill is the most important type of proposal that can be debated in Parliament as they relate to laws affecting the general population and changing public policy

2 types of public bill; government bill + private member’s bill

discussed in parliament whereas private bills are only discussed in committees

Question 5

PUBLIC BILL: what is a government bill?

Answer 5

A government bill is brought forward and introduced by government ministers to change public policy

for example, the 2012 Health and Social Care Act brought about the reorganisation of the NHS and was a government bill

Question 6

PUBLIC BILL: what is a private member’s bill?

Answer 6

A private member’s bill is introduced by an individual backbench MP or a member of the House of Lords

in the House of Commons, at the start of each Parliamentary session MPs applying to introduce a private member’s bill are drawn from a ballot or they can make a proposal using the 10 minute rule, but this rule allows very little time to put across a strong case

it affects the whole population

much less likely than a government bill to become law as it is hard to find time for these bills to complete all the stages in parliament

for example, the duty on councils and NHS services to look after people with autism was passed in 2009 and was initiated by an MP as a private member’s bill

Question 7

PRIVATE BILL: what is a private bill?

Answer 7

private bills are much less common

they relate to laws affecting certain groups of people or an organisation

they are usually sponsored by that organisation (e.g. a company or local authority) as it affects them directly

A group affected by such a bill has the right to petition Parliament against it

EXAMPLE = London Local Authorities and Transport for London Act 2013 introduced new powers for dealing with obstructions caused by builders and road users and was a private bill

Question 8

HYBRID BILL: what is a hybrid bill?

Answer 8

A hybrid bill has characteristics of both a public and private bill

it relates to laws affecting the general population but certain groups or areas in particular

For example, the bill to build the HS2 rail link between London and Birmingham is an example of a hybrid bill as it affects the general public but especially those living near the proposed tracks

Question 9

what is the legislative process?

Answer 9

The legislative process is how a bill becomes law

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Question 10

what are the stages of the legislative process?

Answer 10

0) pre-legislative process
1) first reading
2) second reading
3) Committee stage
4) Report stage
5) third reading
6) transfer
7) Royal assent

Question 11

STAGES OF THE LEGISLATIVE PROCESS: pre-legislative process

Answer 11

before the legislative process officially begins there is a pre-legislative process

a bill may originate as a green paper (a document setting out options for legislation and inviting consultation) and/or a white paper (a more detailed statement of the government‘s intentions)

although this is not compulsory

Question 12

STAGES OF THE LEGISLATIVE PROCESS: first reading

Answer 12

The first reading involves a compulsory introduction to announce the bill in either the House of Commons or the House of Lords

this is simply an introduction, it is not debated or voted on at this stage

Question 13

STAGES OF THE LEGISLATIVE PROCESS: second reading

Answer 13

The second reading is the crucial main Parliamentary debate on the principles of the bill which is followed by a vote that the government expects to win

Question 14

STAGES OF THE LEGISLATIVE PROCESS: committee stage

Answer 14

The committee stage in the House of Commons involves a Public Bill Committee that scrutinises the bill in great detail, they may propose amendments that can be made if the government accepts them

A Public Bill Committee is formed for each piece of legislation, these committees contain around 18 members who must consider the details of the bill and improve the proposed legislation

membership of these committees reflect the strength of the parties in the House of Commons

in the House of Lords, this process is carried out by the whole House

Question 15

STAGES OF THE LEGISLATIVE PROCESS: report stage

Answer 15

The report stage involves the whole House considering the amendments made at the committee stage and may accept or reject them

The whole house debates the whole bill again with all the amendments included

Question 16

STAGES OF THE LEGISLATIVE PROCESS: third reading

Answer 16

The third reading is when the whole House debates and votes on the amended bill

Question 17

STAGES OF THE LEGISLATIVE PROCESS: transfer

Answer 17

The bill is then transferred and goes through the same stages in the other House (except in the House of Lords, the committee stage is carried out by the whole House)

they may propose amendments which the House of Commons has to accept or reject

The bill can go back and forth between the Houses like this for months (up to a year) before it becomes law in a process called Parliamentary ping-pong

if the bill began in the House of Commons it is then passed to the House of Lords and follows the same procedures, if it began in the House of Lords then it is passed to the House of Commons and follows the same procedures

both houses must agree on the bill, if the Lords suggests amendments then the Commons takes the bill back and reviews it

although, the House of Lords can only delay legislation for up to a year and usually backs down to avoid confrontation with the elected house

Question 18

STAGES OF THE LEGISLATIVE PROCESS: royal assent

Answer 18

The Monarch signs the bill and formally makes it law by giving it royal assent

this stage is merely a formality as the Monarch should not get involved in politics by refusing to sign a bill (constitutional monarchy)

Royal assent has not been refused since 1707

Question 19

what is secondary legislation?

Answer 19

secondary legislation relates to powers given to the executive by Parliament to make changes to an existing law within specific rules rather than bringing forward a whole new bill

Question 20

what is promulgation?

Answer 20

promulgation is a formal method of announcing that a law has been passed, thus giving it legitimacy

Question 21

key facts about different types of bill

Answer 21

all public bills must pass through both houses in order to become law

private member’s bills rarely successfully become law

public bills are the most common type of Bill and most are proposed by government ministers

Financial bills or anything involving the public’s money will be introduced in the House of Commons as the elected house has financial privilege over the House of Lords

once passed into law, a bill becomes an act of parliament

Question 22

what powers does the House of Commons have in regard to legislation?

Answer 22

veto undesirable legislation

examine and approve financial affairs

remove the government through a vote of no confidence

select committee examination

Final approval and amendment of legislation

Question 23

what powers does the House of Lords have in regard to legislation?

Answer 23

delay legislation by up to a year

provides expertise based on experience

revising chamber (proposes amendments)

veto secondary legislation

scrutiny (no party holds a majority so scrutiny tends to be effective)

Question 24

what powers do both Houses share in regard to legislation?

Answer 24

scrutinise and propose legislation

formalise and legitimise legislation

debate issues of the day

holding the government to account

questioning the Prime Minister and Cabinet

Question 25

what is a confidence and supply agreement?

Answer 25

A confidence and supply agreement is an agreement made in the House of Commons occurring in the event of a minority government

the governing party does not join a formal coalition but relies on a limited agreement with another party to keep itself in office

The supporting party provides backing on a vote of no confidence and votes through the government’s budget (the supply part of the arrangement)

in return, the supporting party receives certain concessions

more flexible but less stable than a full coalition

example = the Conservatives and the DUP in 2017

Question 26

what are the limits on the powers of the House of Lords?

SALISBURY CONVENTION

Answer 26

salisbury convention — The House of Lords cannot block or delay legislation that is included in the government’s manifesto because that government has a mandate to carry out its policies and is elected by the people

this was introduced under Atlee’s Labour government

although, The Salisbury convention was questioned in the 2010 coalition as neither party had a clear mandate on which to govern

Question 27

what are the limits on the powers of the House of Lords?

MONEY BILLS

Answer 27

The House of Lords cannot delay money bills that concern expenditure or taxation or any other financial legislation

however they can reject secondary legislation

Question 28

what are some extra powers that the House of Lords has?

Answer 28

The House of Lords can veto if the government were to attempt to prolong the life of Parliament beyond its legal maximum term of five years

in this case the House of Lords is legally empowered to force it to hold a general election, however this is not a likely situation

they can also veto secondary legislation