Transcript LEGISLATION - Teaching With Crump!

2. The Legislative Process
From Concepts to Bills to Acts
Lesson Objectives
• Describe and give examples of different
types of Bill and stages in the passage of
a Bill through Parliament
• Explain the role of the House of Commons,
House of Lords and the Crown in the
creation of an Act
• Evaluate the law-making process in
Parliament
Topic 1
Legislation
Introduction to Parliament
Parliament comprises three institutions which all have a
role to play in the legislation process:
• the House of Commons (elected MPs who are members
of the government and opposition parties)
• the House of Lords (unelected peers, senior judges and
bishops)
• the monarch (the queen)
House of Commons
House of Lords
646 (2007 figure) Members
of Parliament (MPs),
directly elected from
constituencies (average
electorate 68000)
2007 –
Who must
pass a bill
for it to
become an
Act?
The monarch
A formality only (see later
PowerPoint presentation)
•
92 hereditary peers
•
life peers
•
the 12 judges who
are the Law Lords
•
the most senior
bishops of the
Church of England
1.
Reform of the
House of Lords
has yet to be
completed
2.
But the Judicial
Committee (Law
Lords) should
cease to be
members of the
legislative House
of Lords in 2009
The role of the House
of Commons
• Make policy and decide how to run the
country
• New policies require new laws so they
debate, scrutinize and vote whether to
approve laws proposed by Government
• MPs put forward the views of their
constituents
• MPs vigorously question ministers
• Ensures there is democracy
The role of the
House of Lords
• Complement the work of the house of
commons
• Scrutinize and amend proposed legislation
• Can introduce laws themselves
• Pose questions to the government and
debate policy issues and matters of
current concern
The role of the Crown
• The name given to the monarch
• Little real power remains
• Open each parliamentary session –
traditional ceremonial event
• Give royal assent to all legislation
• Appoint and dismiss the prime minister
Topic 1
Legislation
Types of bill
An idea for a new Act of Parliament starts its journey
through the legislation process as a bill. A bill is a draft
law. There are three main types of bill:
• private bills
• public bills – (Government or Private Members’ bills)
• private members’ bills
The Pre-Legislative Process
Green Paper: a consultative document
with proposals for reform by the
government but inviting interested
parties to comment. These have only
existed since the 1960s and are not
always issued
White Paper: the government’s firm
proposals for new law
Drafting a bill
Government bills are initially drafted by
lawyers in the Civil Service, the
“parliamentary counsel to the
Treasury”
Types of bill
Public bill - Matters of public policy affecting the
whole country or much of it. Most government
bills are like this
Private bill - Matters affecting only individual
people or corporations, e.g. University College
London Act 1996
Private Member’s bill - Sponsored by individual
MP. Ballot in each parliamentary session. Time
for debate is limited
10-minute rule bill - Any MP can make a speech
of up to 10 minutes to introduce new
legislation
The Passage of Bills through
Parliament
First Reading (usually in House of Commons)
Second Reading (in the same house)
Committee Stage
Report Stage
Third Reading
Same procedure in the House of Lords
Royal Assent (a formality)
NB How many stages? – 11! Why?
Topic 1
Legislation
Legislation process (1)
A bill must pass through seven stages in Parliament before
it becomes an Act:
• first reading
• second reading
• committee stage
• report stage
• third reading
• House of Lords
• royal assent
Topic 1
Legislation
Legislation process (2)
A bill can start its passage through Parliament in either
the House of Commons or the House of Lords, although
finance bill must start in the House of Commons.
The most usual passage for legislation is through the
House of Commons first.
Topic 1
Legislation
First reading
The title of the bill is read out by the Member of
Parliament who is sponsoring it. For example, the home
secretary would sponsor a bill involving the power of the
police.
The bill is then published and a date is set for
the second reading.
Topic 1
Legislation
Second reading
This is the most crucial stage for a bill to pass. The whole
House debates the bill.
If there is a division, a vote is called. The MPs vote by
passing through either the ‘aye’ door or the ‘no’ door. They
are then counted as they return to their seats. The speaker
announces if the ‘ayes have it’, i.e. there is a majority of
votes in favour of the bill. It then passes to the next stage.
The political parties use the ‘whip’ system to ensure party
support for an important bill.
Topic 1
Legislation
Committee stage
The bill is now scrutinised by a standing committee of
MPs.
These committees are usually composed of between
16 and 50 MPs, and reflect the composition of Parliament.
Any suggestions made at the second reading are
considered, and the committee may suggest amendments,
additions and deletions to the bill.
Topic 1
Legislation
Report stage
The standing committee reports back to the House with
any proposals for changes to the bill.
The House debates each change and a vote is taken on it.
If there are no proposed changes, this stage does not
occur.
Topic 1
Legislation
Third reading
This is the final read-through of the bill.
There may be a short debate and a vote on any final
changes to be made. The bill is then said to have ‘passed
through the House’.
The bill continues its journey through Parliament in the
second chamber.
Topic 1
Legislation
House of Lords
The House of Lords is made up of unelected peers.
Since the House of Lords Act 1999, there are a few remaining
hereditary peers, with the rest of the House comprising life
peers, bishops and Law Lords. Their role is to scrutinise
the bill further, and they may suggest amendments, which
must be approved by the House of Commons.
The House of Lords has the power to delay a bill for 1 year
(1 month for finance bills) but it cannot prevent a bill from
being passed. – Parliaments Acts 1911 and 1949.
Topic 1
Legislation
Royal assent
A bill becomes an Act of Parliament once the queen
approves and signs it, giving it royal assent.
Nowadays, this is merely a formality and is not undertaken
by the queen personally. – last time 1854
Your Task
• Create a detailed profile of each type of
act
• Create a flow chart explaining how a Bill
passes through Parliament
• Create a detailed profile of each of the
parties involved in making an act
• Give a detailed opinion on the process