Parliamentary Law Making

Green paper

A consultative document issued by the gov putting forward proposals for reform of the law

White paper

A document issued by the gov stating their decisions as to how they are going to reform the law (firm proposals)

Bill

Draft law going through Parliament before it passes all the parliamentary stages to become an Act of Parliament

A bill is a proposal for a new law, or a proposal to substantially alter an existing law

Private Members Bill

Individual (private) Members of Parliament (not gov ministers - backbenchers) can introduce a Bill

Relatively few become law (Abortion Act 1967)

Can do so by ballot or ten-minute rule (Bail Amendment Act 1993)

Public Bill

Matters of public policy/proposed law which affect whole country or a large section of it (Legal Service Act 2007)

Private Bill

Designed to pass a law which will affect only individual people or corporations not whole community (Faversham Oyster Fisheries Bill 2016)

Hybrid Bill

Cross between Public Bills and Private Bills

Introduced by gov but if become law will affect a particular person, organisation or place (Crossrail Bills)

Formal Legislative Process

1. Drafting the Bill

• A bill can be proposed by:

  • A member of the legislature (e.g. Member of Parliament/Congress)

  • A government minister (more common for major legislation)

  • In some systems, private citizens or interest groups may also initiate proposals, often via petition.

• Legal experts and policy advisors usually help in drafting the bill's text.

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2. First Reading

• The bill is introduced to the legislative body.

• There is usually no debate at this stage.

• The title and purpose of the bill are read aloud.

• The bill is then published and scheduled for further consideration.

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3. Second Reading

• The main principles of the bill are debated.

• Lawmakers discuss the general purpose and merits.

• Speaker controls all debates and no one may speak without being called on by the speaker

• A vote is usually taken at the end of the debate.

  • If the bill is rejected here, it is usually dead.

  • If it passes, it moves on to more detailed consideration.

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4. Committee Stage

• Detailed exam of each clause of the bill by a committee of 16-50 MPs

• Amendments can be proposed, debated, and voted on.

• The committee can be:

  • A standing committee (permanent)

  • A select or special committee (temporary/specific purpose)

  • The Committee of the Whole (entire legislative chamber)

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5. Report Stage

• The bill, as amended by the committee, is presented back to the full chamber.

• Further amendments may be proposed and debated.

• This stage allows all members to consider changes made in committee.

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6. Third Reading

• The final version of the bill is debated.

• Debate is usually limited and focused on the bill as a whole.

• A final vote is taken.

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7. Passage to the Other House

• The bill then goes to the other chamber (House of Lords).

• The same stages (First Reading to Third Reading) are repeated.

• The second chamber may approve the bill, amend it, or reject it.

Consideration of Amendments (if needed)

• If the second chamber makes changes, the first chamber must consider and approve them.

• This may involve a process called “ping-pong”, where the bill goes back and forth between the chambers until there is agreement.

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8. Royal Assent / Presidential Signature

• Once both chambers agree, the bill is sent to the monarch to formally give approval to the bill and becomes an Act of Parliament

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10. Commencement

• The bill becomes law (an Act or Statute).

• It may take effect immediately, on a specified date, or once regulations are issued.

Advantages / Disadvantages

Advantages

• Law made by elected representatives/democratic

• Can reform whole areas of law (Fraud Act 2006)

• Can set broad polices and delegate to others to make detailed regulations

• Allows for consultation, discuss

• Certain

Disadvantages

• Parliment does not have time to deal with all proposals

• Lengthy process

• Little time for private members bills

• Acts often very long, complex and difficult to understand

Influences on Parliament

Political policies

• Each political party has its own policies and drafts a manifesto before an election - when elected as the gov these will be a major influence on the laws they introduced

• Advantages

  • Each party has its proposals ready if it is elected

  • Majority in HC means most proposed laws will be passed making process efficient

• Disadvantages

  • Different party may repeal or alter laws made by previous gov

  • Small majority/coalition - may have to compromise 

Public opinion/ Media

• Strong public opinion can lead to a change in the law - media highlights issues of social concern

• Advantages

  • Brings the attention of the gov to areas of law that need reforming

  • Affected by specific events (Dunblane massacre) and play role in reforming law

  • Free press able to criticise gov policy (expenses claims)

• Disadvantages

  • Manipulating the news and creating public opinion

  • Gov may respond too quickly leading to poorly drafted law (Dangerous Dogs Act 1991)

Pressure Groups

• Groups that have a particular interest and bring issues to the attention of the general public and the gov

• Can make gov reconsider law (Hunting Act 2004)

• Advantages

  • Raise important issues

  • Wide range of issues are drawn to the attention of parliament

• Disadvantage

  • Pressure groups may have conflicting interests

  • Seeking to impose their ideas even when majority of the public don’t support their views

• Law Reform bodies / Law Commission

• An independent body to review the law and propose reform

• They consider law reforms needed and report on these (Law Commission)

• Advantages

  • Law researched by legal experts

  • Consults before finalising proposals

  • Whole areas can be considered

• Disadvantages

  • Reforms suggested not always implemented by Parliament  

Parliamentary Supremacy / Sovereignty

1. Parliament can legislate on any subject matter

2. No parliament can be bound by any previous parliament nor can parliament pass any Act that will bind later parliament

3. No other body has the right to override or set aside an Act of parliament

Limited by

• Effects of the Human Right Act 1998 - are politically difficult to repeal or repealing them would cause major political consequences.

• Devolution laws - limit Parliament’s ability to legislate on matters devolved to Scotland, Wales, and Northern Ireland (have their own Parliament)

• EU membership - Parliament had to align its legislation with EU rules and court rulings (until Brexit in 2020).