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The Legislative Process – How Laws Are Made

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1 The Legislative Process – How Laws Are Made

2 Types of Bills Public Bills – most common – those which affect the whole country. Two types: Government Bills – introduced by a government minister. Some are controversial and reflect the views of the party in power (e.g. current Welfare Bill of the Conservative Government reducing the cap on benefits). Some are in response to a specific incident – e.g. Football (Disorder) Act 2000 allows Magistrates to ban potential trouble-making fans from travelling abroad for 5 days before an international match. Others are simply concerned with the smooth running of the country – e.g. Access to Justice Act Approximately Government Bills a year – most become law Private Members’ Bills – introduced by backbench MPs whose names have been selected in a ballot (20 each year) or by Peers in the House of Lords. Few ever become law due to the shortage of Parliamentary debate time allocated to them. To be successful, they must have the support of the government – e.g. Abortion Act 1967 which resulted from David Steel’s Private Members’ Bill, Murder (Abolition of Death Penalty) Act 1965, Marriage Act 1994, Computer Misuse Act Even though they rarely become law, they play an important role in raising public and Government awareness of an issue. Private Bills – affect only specific individuals, organisations or areas. Usually put forward by a local authority, public corporation or large public company – e.g. Medway Council Act 2004 Hybrid Bills – alter the general law but particularly affect a small number of people – e.g. The Channel Tunnel Act 1987 and HS2 Bill 2013

3 Process Before a Bill is Drawn Up
Note – this is not part of the formal parliamentary process and happens before a Bill is drafted – do not mention in questions about the process in Parliament or in questions about the House of Commons or House of Lords. Use only when asked specifically or in general questions about the making of an Act of Parliament Green Paper – before a Bill is drafted, the relevant Government department may issue a consultation document setting out ideas for legislation and allowing interested parties to comment on them. Often contains several alternative policy options White Paper – any necessary changes made to Green Paper and final proposals set out. E.g. – Court and Legal Services Act 1990 was preceded by 3 Green Papers and a White Paper in 1989

4 Process of a Bill Through Parliament
Starts in either House of Commons (most frequently and always if a finance Bill) or House of Lords. First Reading – title and main aims of Bill read out to the House Second Reading – House holds full debate on the main principles of the Bill. Vote then taken as to whether Bill should proceed Committee Stage – detailed examination of each clause of the Bill. In House of Commons this is by a Standing Committee of between 16 and 50 cross-party MPs. In House of Lords this is done by the whole House. Usually propose amendments to clauses in the Bill Report Stage – committee reports back to the House on any amendments. These are debated and voted on Third Reading – Bill is presented again and the final vote is taken

5 Process of a Bill Through Parliament (cont.)
If Bill was started in the House of Commons it then passes to the House of Lords (or vice versa). Same procedure followed in the other House If House of Lords makes amendments to a Bill that has already passed through House of Commons, the Bill is referred back to the Commons to consider the amendments. Approximately 90% of Lords’ amendments are accepted by the Commons. Can go back and forth in this way. Often referred to as ‘Ping Pong’. Remember the Parliament Acts 1911 and 1949 mean that the House of Commons can still pass a Bill which has not been accepted by the House of Lords

6 Royal Assent Once Bill passed successfully through all stages in both Houses it has to receive Royal Assent – formal consent of the Monarch (this is usually given by the Speaker in the House of Commons rather than the Monarch herself) Act of Parliament may come into force when Royal Assent given or at another specified date in the future

7 Types of Questions You Could be Asked
Outline the meaning and purpose of Green and White Paper (usually half of a 10 mark question) Describe the legislative process in Parliament, including the role of the Crown (10 marks) Describe the law-making process in Parliament (10 marks) Outline the law-making process in the House of Lords (usually half of a 10 mark question) Outline the law-making process in the House of Commons (usually half of a 10 mark question) Outline the process in the House of Commons and the House of Lords in the making of an Act of Parliament

8 Answering Exam Questions
In law-making questions, extra credit is often given for referring to the different types of Bills Make sure you know the difference between the House of Commons and the House of Lords For House of Lords questions, focus on the distinctive features of the HoL – committee stage usually undertaken by the whole House compared to a small number in HoC, amending role of HoL, how conflicts between Hoc and HoL resolved


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