parliament: law making process The legislative process for the progress of a bill through parliament

Euthanasia… http://www.theage.com.au/victoria/victorian-parliament-to-vote-on-assisted-dying-laws-next-year-20161208-gt6t0w.html What are the reasons we should allow it? What are the reasons we shouldn’t?

https://www.youtube.com/watch?v=pSCMpX9stW0

Initiation of legislation Parliament’s main role is to make laws (we know this!) parliament is representative of the public and responsible to them It must make laws that reflect the social, moral, economic and political values of the society it represents

Need for change in the law is identified… Legislation may result from changing needs, technological advancements, through inconsistencies with current legislation etc… The majority of legislation is put forward by government as a result of cabinet decisions (quick revision: what is cabinet?) Can also come from outside influences: pressure groups or lobbyists

Legislative process Once parliament assesses that there is a need for change in the law, it will draft a bill A bill is a proposed law, to be introduced and passed through parliament A bill becomes an Act – an enforceable law – only after it has been passed in identical form through both houses of parliament (unless initiated in the upper house), and has received the assent of the Queen’s representative.

Types of bills Government bills: A proposed law that is approved by cabinet (prime minister and senior ministers) these are result of government policy, or put forward by government departments Often referred to as “public bills” Majority of bills introduced into parliament reflects the needs of government departments As government represents the majority of the lower house, a bull with cabinet support will usually be passed through by parliament

Types of bills Private member’s bills: A proposed law introduced by a member of parliament without Cabinet approval Usually unsuccessful as government holds majority, and members normally vote along party lines Private bills: Bills that affect only small proportion of community-usually passed without opposition eg: Uniting Church Act Financial bill: A proposed law concerned with government spending - Where can these not be initiated into??

Drafting bills Cabinet While any member of parliament may draft and initiate a bill that proposes change to the law, most legal changes are suggested by cabinet Definition: cabinet – is the government policy-making body that is made up of senior ministers and the Prime-Minister (federal) or Premier (State)

Drafting legislation This is the process of framing the words of a proposed law in form of a Bill The person who does this is known a “Parliamentary counsel” or “Parliamentary draftsperson” They are a public servant responsible for drafting legislation at the request of a member of parliament (usually a minister) The minister or government department responsible for the introduction of the bill with brief the parliamentary counsel on requirements of bill, who will act on the advice of the minister and draft the legislation Parliamentary counsels consist of lawyers who work for parliament and are able to use their skills in using legal language and specialised legal knowledge when drafting legislation

Challenges faced by parliamentary counsels Whilst parliamentary counsels possess expertise and knowledge in the drafting of bills, they do face challenges in writing a bill that is able to incorporate future situations and is not in conflict with other bills They may also have issue in reflecting exactly what government desired, and a bill may therefore be ambiguous

Problems in drafting legislation Parliamentary counsel needs extensive knowledge of legal terminology and laws to draft legislation. Problems include: Time constraints due to heavy workload-legislation may be poorly drafted as result Legal terms words given specific meaning by the law may differ in every day life. For example people use “robbery” and “burglary” as the same term Robbery is stealing, with the use of force upon a person or instilling fear into any person that they will be subject to force Burglary is entering a building as a trespasser with intent to steal, commit an offence, cause damage (one or more of the above) Possible interpretations: counsel need to be aware of how courts may interpret words or terms

Process through parliament Notice of intention and first reading: Minister or private member gives notice of intention to introduce the Bill First reading occurs, where long title of Bill is read by Clerk. This sets out in very broad terms the purpose or scope of the bill. Copies of bill are distributed to house with explanatory memorandum and copies made available to the public

Second reading The relevant member introducing the bill makes a speech outlining the purpose, function and broad objectives on the bill, called “second reading speech” Explanatory memoranda are presented In Victoria, speech must begin with statement of compatibility stating whether the bill is compatible with Victorian Charter of Human Rights and Responsibilities Members study bill and its effects before speaking and voting on it Bill then referred for committee for scrutinising Second reading debate occurs, commencing with opposition’s response to the bill Government and opposition members then usually speak in turn. This is usually the most substantial debate on the general principles of the bill that takes place A vote is taken to determine whether the bill will continue

What to write Second reading speech occurs outlining purpose, function, objectives of bill in Victoria statement of compatibility occurs – is it compatible with Victorian Charter of Human Rights? Second reading debate occurs Most substantial debate on general principles of bill Vote take to see if it moves to consideration in detail stage

Consideration in detail stage

Consideration in detail stage The Speaker of the Upper House or the President of the Lower House vacates, and is replaced by the Chairman of the Committees The bill is debated clause by clause – often informally Amendments can be/are moved and debated and then voted upon Successful amendments can replace wording of bill Sometimes Bill is referred to a smaller committee at this stage that has expertise in the area At conclusion of stage, Speaker resumes chair, and the Chair of Committees reports on progress made House then votes to accept report before moving to next stage

What to write Speaker or president vacates Bill debated clause by clause Amendments must be voted upon Sometimes referred to smaller committee Speaker/president returns House votes to move to next stage or not

Third reading The minister moves that the Bill (as amended) be read a third time The long title of the bill is again read and there may be some debate on the content of the bill However usually no debate at this stage Vote at completion of third reading will signal that the Bill has completed its passage of the Lower House Bill passes the first house and proceeds to the second house

What to write Minister who brought bill forward reads it (with amendments) for 3rd time Long title is read again Sometimes more debate – usually not Vote taken to signify completion of firt house Moves to second house

The second house The bill now follows the same stages as it did in the lower House Here, the consideration in detail stage is called “Committee of the Whole” stage The federal government has rarely held a majority in the Senate over the last 3 years, so amendments are most likely to occur in the Senate If Bill is successfully amended in the second house it must be communicated to the first house, and the bill in its new form needs to be passed again the first house The bill must be passed in the same form by both houses

What to write Bill goes through all same stages EXCEPT Consideration in detail = committee of the whole If amendments happen in upper house, MUST be sent back down to lower house to go through process again Bill must pass through both houses in same form

Why is it so important the bill goes through two houses?

Certification The Clerk of parliament certifies the bill after it has passed through both houses of parliament

Royal assent and proclamation

Royal assent and proclamation Having passed both houses successfully, the final stages allow the Bill to become law. The Governor-General (or governor at state level) provides the royal assent. This is the final stage at which the Bill becomes an Act. This is the signing off of a bill by the monarch’s representative – it is then an ACT of parliament Proclamation Once it has become law, the Act is proclaimed in the Government Gazette. This usually in the form of a statement by the Governor-General indicating that the Bill has been signed into law. It also announces a commencement date for the Act, or if the Act comes into force immediately.

The passage of a bill through parliament is the main key knowledge required for this topic

1.9 1.) define the following terms: Bill Second reading speech Consideration in detail stage Royal assent Proclamation 4.) Why do you think it is important for a Bill to be debated so often? Exam questions 1.) at what stage is a bill most likely to be amended, and why? 3 marks 2.) describe two stage that a bill goes through to become a law. 4 marks

Describe one stage that a bill goes through in parliament before becoming an act. (3 marks). https://www.youtube.com/watch?v=pSCMpX9stW0

What is the role of the second reading stage of a bill through parliament 3 marks

Describe the process a bill undertakes when it reaches the upper house Describe the process a bill undertakes when it reaches the upper house. 2 marks