Pre legislative process

How many acts does parliament pass a year

30

Describe the Pre-legislative process

- Every government department is responsible for an area of government

Green paper - initial consultation document to gain views about proposed new law, inviting suggestions from parties, changes made through light feedback

White paper- set out governments preferred approach to future legislation, limited opportunity for comment

What are the types of bills? (with examples)

Public - affect the whole country or large sections of it (e. Criminal Justice Act 2015)

Private Members Bills - Opportunity for individual MP, not a part of government to introduce a bill (eg. Abortion Act 1967)

Private - affect individuals or corporations (eg. University College London Act 1996 to combine medical schools)

Describe the legislative process

First reading

a formality in which the short title and main aims of the bill are announced and an order for the bill to be printed. No debate at this stage.

Second reading

Main debate on the whole bill conducted by the speaker, minister, MP or Lord responsible describes the aims of the Bill and fields questions. Vote is taken as to whether the bill will progress further

Committee stage

Examination of the bill by 15-60 MPs by a standing committee (or the whole house of lords). Membership of committees is roughly in proportion to the number of seats each party has in the Commons, entitled to make recommendations

Report stage

After scrutiny by committee they report any amendments to the house for debate. There is a vote to accept amendments, if there are none the bill goes to the third reading

Third Reading

Final chance to look at bill with all amendments, almost a formality as unlikely to fail now

Repeat in House of Lords

If either house makes amendments it will go to the other house for consideration, can happen multiple times (know as ping-pong)

House of Lords can only delay the bill by a year not prevent it (eg. Hunting Act 2004)

Royal Assent

Monarch formally approves the bill which then becomes an act and part of the law (formality)

Why is democracy an advantage of pre legislative process

A key principle of Democracy is that laws should be made by

elected representatives. In the UK this is Parliament which

consists of:

• House of Commons - elected MPs

• House of Lords - non-elected

hereditary peers, life peers and senior

bishops

Why is consultation an advantage of pre legislative process

Wide consultation via Green and White Papers.

Law can be made after detailed inquiry or Law

Com. report.

Why is detailed debate an advantage of pre legislative process

Debate by both Houses.

Scrutiny by Committees.

How is full reform an advantage of pre legislative process

Can reform and consolidate whole areas of law which makes it easier to find e.g Fraud Act 2006

Why is lengthy process a disadvantage of pre legislative process

Green Paper to Royal Assent can take years. e.g. Consumer Rights Act 2015 took 14 months from first reading to Royal Assent. However, rushed legislation can result in badly drafted law (Knee jerk Dangerous Dogs Act 1991)

Why is parliamentary time a disadvantage of pre legislative process

Parliamentary time is limited, so many legal reforms—especially complex or moral issues—are overlooked or rushed. Private Members’ Bills rarely succeed due to lack of time and support.

Why is lack of publicity a disadvantage of pre legislative process

Public unaware that an Act has been passed and the law has changed (little or no publicity beforehand. Control Of Horses Act 2015