From Concepts to Bills to Acts

1. 2. The Legislative Process From Concepts to Bills to Acts

2. 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 Lesson Objectives

3. 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)

4. House of Commons 646 (2007 figure) Members of Parliament (MPs), directly elected from constituencies (average electorate 68000) • House of Lords • 2007 – • 92 hereditary peers • life peers • the 12 judges who are the Law Lords • the most senior bishops of the Church of England • Reform of the House of Lords has yet to be completed • But the Judicial Committee (Law Lords) should cease to be members of the legislative House of Lords in 2009 Who must pass a bill for it to become an Act? The monarch A formality only (see later PowerPoint presentation)

5. 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 Houseof Commons

6. 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 House of Lords

7. 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 The role of the Crown

8. 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

9. 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 The Pre-Legislative Process

10. Government bills are initially drafted by lawyers in the Civil Service, the “parliamentary counsel to the Treasury” Drafting a bill

11. 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 Types of bill

12. 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?

13. 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

14. 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.

15. 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.

16. 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.

17. 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.

18. 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.

19. 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.

20. 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.

21. 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

22. 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 Your Task