Parliamentary Law Making- The Legislative Process

Who makes up parliament?

Commons, Lords, The King

House of Commons

• 650 MPs

• Represent constituencies in local elections

• Mix of all parties

House of Lords

• As of April 2024, there are 786 sitting members.

• Appointed for life on a political or non- political basis.

• HoL members are appointed by the King on the advice of the prime minister.

• Blair reduced the number of hereditary peers.

King

• The government if formed on behalf of the monarch .

• The King has to sign off one new laws or bill

Types of bill: Public Bills

Public Bills change the law as it applies to the general population and are the most common type of Bill introduced in Parliament. Government ministers propose the majority of Public Bills.

Type of bill: Private Members’ Bills

Private Members' bills are public bills introduced by MPs and Lords who are not government ministers. As with other public bills their purpose is to change the law as it applies to the general population. A minority of Private Members' bills become law but, by creating publicity around an issue, they may affect legislation indirectly.

Type of bill: Hybrid Bills

Hybrid bills mix the characteristics of public and private bills. The changes to the law proposed by a hybrid bill would affect the general public but would also have a more significant impact on specific individuals or groups. 

Examples of hybrid bills include those which led to the construction of the Channel Tunnel and Crossrail, and those which made provision for the HS2 rail network.

Green paper

• Consultation document

• Sent to interested parties

• Responses may be, but don’t have to be, acted on

White paper

• Issued after consultation and includes any changes made.

• Firm proposals for new law.

• Often includes a draft bill

Bill to Act

• Each bill presented to Parliament, goes through a number of different stages before it can become a law.

• This process cab be stopped at any of these stages.

• Parliament can thereby prevent a bill from becoming a law as its debated.

• This is an important part of Parliamentary democracy- each MP has the power and responsibility to consider each proposed measure.

The Ping Pong Effect

A bill goes between the two houses with repeated amendments until one side gives up and agrees, often the HoL.

Parliament Act 1911/1949

As the HoL is unelected, their power to stop/ change laws has been limited for the sake of democracy. If they reject a bill it can still become a law provided it is introduced to HoC in the next session of Parliament. Effectively, HoL can only delay a law by a year.

There have only been 4 occasions where this procedure has been used to by-pass the House of Lords:

1. War Crimes Act 1994

2. EU Parliamentary Elections Act 1999

3. Sexual Offences Amendments Act 2000

4. Hunting Act 2004

Royal Assent

A bill cannot become a law until it has been signed by the monarch. Technically the monarch can vet any law they don’t approve of, the last time this happened was 1707.

It is now only a formalist, and under the Royal Assent act 1967, the monarch doesn’t even get a full copy of a bill- just a short title.

Advantages of the legislation process

• The 2 houses create checks and balances- stops the concentration of power.

• HoC is elected individuals- democratic ?

• Open and accessible to the public.

• Scrutiny committees

• HoL provide expert knowledge

• Manifestos hold the government to account

Disadvantages of the legislation process

• HoL are unelected and potentially out of touch ?

• Representative democracy

• The ability to by- pass the lords could be seen as unfair.

• Ping pong can delay the progress of a bill