The Legislative Process Flashcards
what is a legislative bill?
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
what is an act of parliament?
an act of parliament is a bill that has completed all the stages in the legislative process and has become law
what are the different types of bill?
types of bill…
- public bill
- private bill
- hybrid bill
PUBLIC BILL: what is a public bill?
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
PUBLIC BILL: what is a government bill?
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
PUBLIC BILL: what is a private member’s bill?
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
PRIVATE BILL: what is a private bill?
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
HYBRID BILL: what is a hybrid bill?
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
what is the legislative process?
The legislative process is how a bill becomes law
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what are the stages of the legislative process?
0) pre-legislative process
1) first reading
2) second reading
3) Committee stage
4) Report stage
5) third reading
6) transfer
7) Royal assent
STAGES OF THE LEGISLATIVE PROCESS: pre-legislative process
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
STAGES OF THE LEGISLATIVE PROCESS: first reading
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
STAGES OF THE LEGISLATIVE PROCESS: second reading
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
STAGES OF THE LEGISLATIVE PROCESS: committee stage
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
STAGES OF THE LEGISLATIVE PROCESS: report stage
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
STAGES OF THE LEGISLATIVE PROCESS: third reading
The third reading is when the whole House debates and votes on the amended bill
STAGES OF THE LEGISLATIVE PROCESS: transfer
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
STAGES OF THE LEGISLATIVE PROCESS: royal assent
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
what is secondary legislation?
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
what is promulgation?
promulgation is a formal method of announcing that a law has been passed, thus giving it legitimacy
key facts about different types of bill
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
what powers does the House of Commons have in regard to legislation?
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
what powers does the House of Lords have in regard to legislation?
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)
what powers do both Houses share in regard to legislation?
scrutinise and propose legislation
formalise and legitimise legislation
debate issues of the day
holding the government to account
questioning the Prime Minister and Cabinet
what is a confidence and supply agreement?
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
what are the limits on the powers of the House of Lords?
SALISBURY CONVENTION
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
what are the limits on the powers of the House of Lords?
MONEY BILLS
The House of Lords cannot delay money bills that concern expenditure or taxation or any other financial legislation
however they can reject secondary legislation
what are some extra powers that the House of Lords has?
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
