The Process In Parliament

Question 1

Where will a Bill start?

Answer 1

Either HOC or HOL, HOC is more common

Question 2

What Bills must begin in the HOC?

Answer 2

Finance Bills

Question 3

What is the diagram for passing an Act of Parliament

Answer 3

Bill is drafted 
|
First Reading 
|
Second Reading
|
Committee Stage 
|
Report Stage
|
Third Reading 
|
Same procedure in the HOLL
|
Royal Assent

Question 4

What is the first reading ?

Answer 4

This is a formal procedure where the name and main aims of the Bill are read out . usually no discussion takes place.

Question 5

What is the Second reading ? (4)

Answer 5

• 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

Question 6

What happens at the committee stage ?

Answer 6

a detailed examinations of each clause of the Bill is undertaken by a committee of between 16-50 MP’s

Question 7

Who examines the Bill?

Answer 7

what was a Standing Committee, now a Public Bill Committee , chosen especially for that Bill

Question 8

Who are in the Standing/Public Bill Committee?

Answer 8

all parties are represented proportionately to the number of seats they have in the House of Commons

Question 9

Who scrutinises Finance Bills?

Answer 9

the whole House will sit in a committee

Question 10

What is the Report Stage?

Answer 10

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

Question 11

What has the Report Stage been regarded as?

Answer 11

‘a useful safeguard against a small Committee amending a Bill against the wishes of the House’

Question 12

What happens at the third reading ? at HOC and HOL

Answer 12

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

Question 13

at the Third Reading, when may there only be a further debate in HOC?

Answer 13

if at least 6 MP’s request it

Question 14

what happens during the HOL process if the Bill started in the HOC?

Answer 14

Bill is passed to HOL where it goes through 5 stages making amendments which will go back to the HOC

Question 15

What happens at the stage of Royal Assent?

Answer 15

the Monarch gives approval to the Bill and it becomes an Act of Parliament

Question 16

What Act states that the Monarch will not even have the text of the Bills to which she is assenting to ?

Answer 16

Royal Assent Act 1967

Question 17

When was the last time a Monarch refused assent?

Answer 17

1707 when Queen Anne refused to assent to the Scottish Militia Bill

Question 18

Which 2 Acts of Parliament limit the powers of the HOL to reject a Bill?

Answer 18

• Parliament Act 1911

- Parliament Act 1949

Question 19

What does the Parliaments Act 1911/49 do ?

Answer 19

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

Question 20

What is the principle behind the Parliament Acts against the HOL?

Answer 20

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

Question 21

How many occasions have there been where the Parliament Acts have been used to bypass the HOL after they voted against the Bill?

Answer 21

4

Question 22

When were the 4 occasions in which the Parliament Acts have been used against the HOL post-1949?

Answer 22

• War Crimes Act 1991
• European Parliamentary Elections Act 1999
• Sexual Offences (Amendment) Act 2000
• Hunting Act 2004

Question 23

Following the Royal Assent, when will the Act of Parliament come into force?

Answer 23

midnight that day unless another date has been set

Question 24

What is the new trend for the commencement of an Act ? (2)

Answer 24

• Act itself sets the date it will commence

- Responsibility of the appropriate Minister to fix the commencement date

Question 25

Why can different commencements of Acts cause problems?

Answer 25

creates uncertainty as it is difficult to discover which sections of an Act have been brought into force

Question 26

Which Act demonstrates that some Acts or sections may never become law?

Answer 26

Easter Day Act 1928, passed all the necessary stages but has never come into force

Question 27

Give an example of an Act where the parties thought the new law was urgently needed and passed within 24 hours

Answer 27

Northern Ireland Bill 1972

Question 28

What does s.1 of the Law Reform Act 1996 do?

Answer 28

abolished the ‘year and a day rule’

Question 29

What does s.2 of the Law Reform Act 1996 do?

Answer 29

sets out when the consent of the Attorney General is needed before a prosecution can be started