4.3 The legislative process and types of bills
4 min read•august 16, 2024
The UK legislative process is a complex journey from bill to law. It involves multiple stages of debate, scrutiny, and in both Houses of Parliament. Understanding this process is crucial for grasping how laws are made and shaped in the UK.
Bills come in various types, each with unique characteristics and procedures. From government-backed public bills to private members' bills and specialized money bills, the diversity reflects the range of legislative needs in a modern democracy.
Stages of the UK Legislative Process
Introduction and Initial Debates
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- Legislative process in UK Parliament begins with and concludes with
- First Reading involves formal introduction of bill to the House without debate
- includes general debate on bill principles followed by vote to proceed
- MPs discuss overall purpose and key provisions of the bill
- Examples of Second Reading debates: NHS Reform Bill 2012, EU Withdrawal Bill 2018
Detailed Examination and Amendments
- examines bill in detail with amendments proposed and debated
- Bill scrutinized line-by-line by committee of MPs or Lords
- Witnesses may be called to provide evidence (environmental experts for climate bill)
- allows whole House to consider Committee Stage changes and propose further amendments
- MPs who were not on the committee can suggest changes
- Significant amendments often made at this stage (minimum alcohol pricing in Scotland)
- provides final chance for House to debate and vote before passing to other House
- Usually formality with limited debate on bill as amended
Passage Through Both Houses and Final Stages
- Bill must pass through both Houses of Parliament (Commons and Lords) to become law
- If amendments made in second House, bill returns to first House for consideration ("ping pong")
- Process can repeat multiple times until agreement reached
- Example: Brexit Bill 2019-2020 underwent several rounds of ping pong
- Once both Houses agree, bill receives Royal Assent and becomes an Act of Parliament
Types of Bills in Parliament
Public and Government Bills
- Public Bills deal with matters of public policy affecting general population
- Address wide-ranging issues like education reform or healthcare policy
- Government Bills introduced by ministers form majority of legislation considered by Parliament
- Reflect government's legislative agenda outlined in Queen's Speech
- Examples: Coronavirus Act 2020, Environment Bill 2020
Private and Hybrid Bills
- Private Members' Bills introduced by individual MPs or Lords who are not government ministers
- Limited time for debate, rarely become law without government support
- Successful example: Alan Turing (Statutory Pardon) Act 2017
- Private Bills affect specific individuals or organizations rather than general public
- Often relate to infrastructure projects or local authorities
- Example: Canterbury City Council Bill 2008
- Hybrid Bills combine elements of both public and private bills
- Affect both general public and specific groups or individuals
- Example: High Speed Rail (London - West Midlands) Bill for HS2 project
Specialized Bill Types
- Money Bills deal exclusively with taxation or public expenditure
- Special procedures for passage through Parliament
- Lords can only delay for one month, cannot amend
- Example: Annual Finance Bill implementing Budget measures
- Consolidation Bills bring together several existing statutes on same subject without changing law
- Simplify and organize existing legislation
- Example: Sentencing Act 2020 consolidated sentencing procedural law
Royal Assent in Legislation
Process and Significance
- Royal Assent represents formal approval of Act of Parliament by monarch
- Final stage in legislative process
- Transforms bill into law of the land
- Monarch has not withheld Royal Assent since 1708
- Reflects constitutional convention of monarch's political neutrality
- Last bill refused: Scottish Militia Bill by Queen Anne
Methods of Granting Royal Assent
- Royal Assent can be given in various ways
- By monarch in person (rare, last occurred in 1854)
- By Commission (group of senior peers acting on monarch's behalf)
- By notification to both Houses (most common method today)
- Granting of Royal Assent announced in both Houses of Parliament
- Recorded in official record, Journal of the
- Clerk of the Parliaments declares in Norman French: "La Reyne le veult" (The Queen wills it)
Constitutional Significance
- Royal Assent symbolizes unity of three elements of Parliament
- , House of Lords, and the Crown
- Ceremony reinforces constitutional relationship between monarchy and Parliament
- Reflects UK's system of constitutional monarchy
- Emphasizes role of monarch as head of state, separate from head of government
- Act becomes law immediately upon Royal Assent unless later commencement date specified
- Some acts include provisions that come into force at different times
- Example: Scotland Act 2016 had various implementation dates for different sections
Key Terms to Review (23)
Acts of Parliament: Acts of Parliament are laws passed by the UK Parliament, which consist of the House of Commons and the House of Lords. These acts represent the formal legislative outcome of the parliamentary process, which includes various stages such as readings, debates, and amendments. An Act of Parliament can address a wide range of issues, from social policy to economic regulations, and is a key mechanism through which government policy is implemented.
Amendment: An amendment is a formal change or addition proposed to a legislative bill or existing law. In the context of the legislative process, amendments are essential as they allow for the modification, improvement, or clarification of legislation before it is enacted, thereby ensuring that laws meet the needs of society. They can be proposed at various stages of the legislative process and can be debated and voted on by members of both houses, impacting how laws are shaped and implemented.
Bicameralism: Bicameralism refers to a legislative system that consists of two separate chambers or houses, typically the lower house and the upper house, each having distinct powers and responsibilities. This system allows for a more thorough review of legislation, enabling both chambers to provide checks and balances on each other's decisions, which is crucial for the legislative process and influences the types of bills that can be passed.
Committee stage: The committee stage is a crucial part of the legislative process where detailed examination, debate, and amendment of a bill occur in a smaller group, usually called a committee. This stage allows for in-depth scrutiny of the bill's provisions, making it an essential component of how legislation is refined and improved before being considered by the larger legislative body.
First reading: The first reading is the initial stage of the legislative process in which a bill is introduced to Parliament. During this phase, the title of the bill is read out, and its general principles are presented, but no debate or voting occurs. This step is crucial as it marks the formal beginning of the legislative journey for a bill and sets the stage for further scrutiny and discussion in subsequent readings.
House of Commons: The House of Commons is the lower house of the Parliament of the United Kingdom, consisting of Members of Parliament (MPs) elected by the public. It plays a crucial role in shaping legislation, debating political issues, and holding the government accountable through various processes, including questioning ministers and scrutinizing bills before they become law.
House of Lords: The House of Lords is the upper chamber of the Parliament of the United Kingdom, comprising appointed members known as Lords. This chamber plays a critical role in the legislative process by reviewing and amending proposed legislation, providing expertise, and acting as a revising body. Its functions include scrutinizing bills and offering insights that can lead to changes in legislation before it becomes law.
Hybrid bill: A hybrid bill is a type of legislation in the UK that affects both the general public and specific individuals or organizations. It combines features of both public bills, which apply to everyone, and private bills, which affect only particular groups. This type of bill is typically used for significant projects or developments, such as infrastructure improvements, where the proposal has a broad impact but also addresses specific local interests.
Money bill: A money bill is a type of legislation that deals solely with national taxation or public expenditure. It must be introduced in the House of Commons and can only be amended or rejected by the House of Lords in very limited circumstances, emphasizing its significance in the legislative process regarding financial matters.
Parliamentary Sovereignty: Parliamentary sovereignty is a fundamental principle of the UK constitution that establishes Parliament as the supreme legal authority, with the ability to create or repeal any law without being subject to legal limitations. This means that no other body, including the judiciary, can challenge or invalidate legislation passed by Parliament.
Prime Minister: The Prime Minister is the head of government in the UK, responsible for overseeing the operation of the government and the execution of its policies. This role involves leading the Cabinet, making key decisions on legislation, and representing the UK both domestically and internationally. The Prime Minister is central to the legislative process, guiding bills through Parliament and ensuring their passage into law.
Private bill: A private bill is a type of legislation that affects only a specific individual, organization, or locality rather than the general public. These bills are often promoted by private individuals or corporations to obtain powers or benefits that are not available under general law, such as altering local laws or granting special rights. The process for passing a private bill is distinct from that of public bills, as it typically requires a petition and often involves a detailed examination of the particular interests at stake.
Private members' bill: A private members' bill is a type of legislation introduced by a member of Parliament (MP) who is not part of the government, aimed at addressing specific issues or concerns that may not be part of the government’s agenda. These bills play a crucial role in the legislative process, as they provide an opportunity for non-government MPs to influence law-making and bring attention to important matters.
Public Bill: A public bill is a type of legislation that applies to the general public and affects the whole population, rather than a specific group or individual. It is one of the primary means by which laws are proposed and enacted in the legislative process, often addressing significant issues like health, education, or criminal justice. Public bills can originate from government ministers or individual Members of Parliament and undergo a defined legislative process before becoming law.
Report stage: The report stage is a crucial part of the legislative process where a bill is reviewed in detail after its second reading, allowing members of the legislature to examine and amend its content. During this phase, members can suggest changes, debate specific provisions, and ensure that the bill aligns with their interests and constituents' needs before it proceeds to the next steps of consideration. This stage plays a vital role in refining legislation and promoting accountability.
Royal Assent: Royal assent is the formal approval by the monarch that allows a bill passed by Parliament to become law. This process symbolizes the constitutional relationship between the Crown and Parliament, as it represents the final step in the legislative process after a bill has gone through several readings and debates. While royal assent has not been refused since the early 18th century, it plays a vital role in maintaining the constitutional conventions that govern the powers of the monarch and the operation of the government.
Rule of law: The rule of law is a foundational principle stating that all individuals and institutions, including the government, are subject to and accountable under the law, which is fairly applied and enforced. This principle ensures that no one is above the law and is crucial for maintaining justice, order, and individual rights within a society.
Second reading: The second reading is a critical stage in the legislative process where a proposed bill is presented to the parliament for the first time after its introduction. During this phase, Members of Parliament (MPs) debate the general principles of the bill, allowing them to express their views and determine whether it should proceed to further examination. This stage serves as a platform for preliminary discussions, setting the stage for more detailed scrutiny in subsequent readings.
Speaker of the House: The Speaker of the House is the presiding officer of the House of Commons, responsible for maintaining order during debates, ensuring that parliamentary rules are followed, and representing the House in its relations with the Crown and the House of Lords. The Speaker plays a crucial role in facilitating the legislative process, including managing discussions on various types of bills and ensuring that all voices are heard within the parliamentary framework.
Standing Order: A standing order is a permanent rule or procedure established by a legislative body to govern its operations and the conduct of its members. These orders outline how business is to be conducted, including the legislative process for different types of bills, and ensure that procedures are followed consistently, contributing to orderly debate and decision-making.
Statutory Instruments: Statutory instruments are a form of legislation made by an individual or body under powers given to them by an Act of Parliament. They allow the government to make detailed rules and regulations needed to enforce the law without having to pass a new Act. This system helps in managing and updating laws efficiently while ensuring that the framework established by Parliament is followed.
Third reading: The third reading is the final stage in the legislative process where a bill is presented to Parliament for a last review before it is either passed or rejected. This stage primarily focuses on the overall content of the bill rather than detailed examination, as it is assumed that all necessary discussions and amendments have already taken place during earlier readings. The aim is to ensure that members are satisfied with the final text and are prepared to vote on it.
Whip: A whip is an official in a political party responsible for ensuring party discipline, particularly in legislative voting. Whips play a crucial role in the legislative process by coordinating party members, managing debates, and securing votes for or against bills. This position is vital to maintaining unity and effectiveness within a party as it navigates the complexities of passing different types of legislation.