The Process In Parliament Flashcards
Where will a Bill start?
Either HOC or HOL, HOC is more common
What Bills must begin in the HOC?
Finance Bills
What is the diagram for passing an Act of Parliament
Bill is drafted | First Reading | Second Reading | Committee Stage | Report Stage | Third Reading | Same procedure in the HOLL | Royal Assent
What is the first reading ?
This is a formal procedure where the name and main aims of the Bill are read out . usually no discussion takes place.
What is the Second reading ? (4)
- This is the main debate on the whole Bill
- focuses on main principles rather than smaller details
- MP’s much catch the Speakers eye to speak
- Vote is taken at the end and there must be a majority in favour for the Bill to progress any further
What happens at the committee stage ?
a detailed examinations of each clause of the Bill is undertaken by a committee of between 16-50 MP’s
Who examines the Bill?
what was a Standing Committee, now a Public Bill Committee , chosen especially for that Bill
Who are in the Standing/Public Bill Committee?
all parties are represented proportionately to the number of seats they have in the House of Commons
Who scrutinises Finance Bills?
the whole House will sit in a committee
What is the Report Stage?
Amendments from the committee stage to various clauses in the Bill are reported back to the House and amendments will be debated and either accepted or rejected
What has the Report Stage been regarded as?
‘a useful safeguard against a small Committee amending a Bill against the wishes of the House’
What happens at the third reading ? at HOC and HOL
This is the final vote on the Bill. Almost a formality as the Bill has passed through all stages and unlikely to fail at this stage
In the HOL there may be amendments at this stage
at the Third Reading, when may there only be a further debate in HOC?
if at least 6 MP’s request it
what happens during the HOL process if the Bill started in the HOC?
Bill is passed to HOL where it goes through 5 stages making amendments which will go back to the HOC
What happens at the stage of Royal Assent?
the Monarch gives approval to the Bill and it becomes an Act of Parliament
What Act states that the Monarch will not even have the text of the Bills to which she is assenting to ?
Royal Assent Act 1967
When was the last time a Monarch refused assent?
1707 when Queen Anne refused to assent to the Scottish Militia Bill
Which 2 Acts of Parliament limit the powers of the HOL to reject a Bill?
- Parliament Act 1911
- Parliament Act 1949
What does the Parliaments Act 1911/49 do ?
Allow a Bill to become law even if the HOL rejects it provided that the Bill is re-introduced into the HOC in the next Parliament and passes all the stages there
What is the principle behind the Parliament Acts against the HOL?
The HOL is not an elected body and its function is to refine and add to the law rather than oppose the will of the democratically elected HOC
How many occasions have there been where the Parliament Acts have been used to bypass the HOL after they voted against the Bill?
4
When were the 4 occasions in which the Parliament Acts have been used against the HOL post-1949?
- War Crimes Act 1991
- European Parliamentary Elections Act 1999
- Sexual Offences (Amendment) Act 2000
- Hunting Act 2004
Following the Royal Assent, when will the Act of Parliament come into force?
midnight that day unless another date has been set
What is the new trend for the commencement of an Act ? (2)
- Act itself sets the date it will commence
- Responsibility of the appropriate Minister to fix the commencement date
Why can different commencements of Acts cause problems?
creates uncertainty as it is difficult to discover which sections of an Act have been brought into force
Which Act demonstrates that some Acts or sections may never become law?
Easter Day Act 1928, passed all the necessary stages but has never come into force
Give an example of an Act where the parties thought the new law was urgently needed and passed within 24 hours
Northern Ireland Bill 1972
What does s.1 of the Law Reform Act 1996 do?
abolished the ‘year and a day rule’
What does s.2 of the Law Reform Act 1996 do?
sets out when the consent of the Attorney General is needed before a prosecution can be started
