Bills and the legislative process By Corey Norwood

What is a Bill? A draft of a proposed law presented to Parliament for discussion. These “Draft Bills” are published by Government departments and they then issue them to interested groups. The Draft Bill is taken to committees of both the House of Commons and the House of Lords or to joint committees. The Draft Bill can also be issued to the public for discussion. This allows for early examination of the Draft Bill so it can more easily amended before it’s formal introduction to Parliament.

A Draft Bill normally exists in this stage as either a Green Paper or a White Paper. A Green Paper is understood to be putting forward ideas for future government policy that are open to public discussion and consultation. A White Paper generally states more definite intentions for future government policy.

Types of Bills Public Bills: Public Bills change the law as it applies to the general population and are the most common type of Bill introduced in Parliament. Government ministers propose the majority of Public Bills, those put forward by other MPs or Lords are known as Private Members' Bills. Private Bills: Private Bills are usually promoted by organisations, like local authorities or private companies, to give themselves powers beyond, or in conflict with, the general law. Private Bills only change the law as it applies to specific individuals or organisations, rather than the general public. Groups or individuals potentially affected by these changes can petition Parliament against the proposed Bill and present their objections to committees of MPs and Lords.

Hybrid Bills Hybrid Bills mix the characteristics of Public and Private Bills. The changes to the law proposed by a Hybrid Bill would affect the general public but would also have a significant impact for specific individuals or groups. The Bill passed concerning the construction of the Channel Tunnel in the 1970’s and 80’s is an example of a Hybrid Bill.

Private Member’s Bills Private Members' Bills are Public Bills introduced by MPs and Lords who are not government ministers. As with other Public Bills their purpose is to change the law as it applies to the general population. A minority of Private Members' Bills become law but, by creating publicity around an issue, they may affect legislation indirectly. There are three ways of introducing Private Members' Bills in the House of Commons: the Ballot, the Ten Minute Rule and Presentation.

The Ballot Ballot Bills have the best chance of becoming law, as they get priority for the limited amount of debating time available. The names of Members applying for a Bill are drawn in a ballot held on the second sitting Thursday of a parliamentary session. The draw for the 2014-15 ballot was announced in reverse order. Normally, the first seven ballot Bills are most likely to get a day's debate.

Ten Minute rule Ten Minute Rule Bills are often an opportunity for Members to voice an opinion on a subject or aspect of existing legislation, rather than a serious attempt to get a Bill passed. Members make speeches of no more than ten minutes outlining their position, which another Member may oppose in a similar short statement. It is a good opportunity to raise the profile of an issue and to see whether it has support among other Members.

Presentation Any Member may introduce a Bill in this way as long as he or she has previously given notice of their intention to do so. Members formally introduce the title of the Bill but do not speak in support of it - they rarely become law.

The Passage of A Bill A Bill can start in either the House of Commons or the House of Lords but follows the same stages. 1 2 C R 3 1: 1st reading in the House 2: 2nd reading in the House C: Committee Stage R: Report Stage 3: 3rd Reading Once the Bill has passed all these stages in both Houses it is then given Royal Assent and becomes law.

Stages of 1 2 C R 3 in the Commons The First Reading is the first stage of a Bill’s passage through the House of Commons - usually a formality, it takes place without debate. The first reading of a Bill can take place at any time in a parliamentary session. The short title of the Bill is read out and is followed by an order for the Bill to be printed.

The Second Reading is the first opportunity for MPs to debate the main principles of the Bill. It usually takes place no sooner than two weekends after first reading. The Government minister, spokesperson or MP responsible for the Bill opens the second reading debate. The official Opposition spokesperson responds with their views on the Bill. The debate continues with other Opposition parties and backbench MPs giving their opinions. At the end of the debate, the Commons decides whether the Bill should be given its second reading by voting, meaning it can proceed to the next stage. It is possible for a Bill to have a second reading with no debate as long as MPs agree to its progress.

Committee Stage is where detailed examination of the Bill takes place Committee Stage is where detailed examination of the Bill takes place. It usually starts within a couple of weeks of a Bill’s second reading, although this is not guaranteed. Most Bills are dealt with in a Public Bill Committee. Amendments (proposals for change) for discussion are selected by the chairman of the committee and only members of the committee can vote on amendments during committee stage. Amendments proposed by MPs to the Bill will be published daily and reprinted as a marshalled list of amendments for each day the committee discusses the Bill. Every clause in the Bill is agreed to, changed or removed from the Bill, although this may happen without debate. A minority of Bills are dealt with by a Committee of the Whole House (takes place on the floor of the House of Commons), with every MP able to take part. Bills fast tracked through the House of Commons will receive less consideration.  Consolidated Fund Bills do not have a committee stage at all.

Report Stage gives MPs an opportunity, on the floor of the House, to consider further amendments (proposals for change) to a Bill which has been examined in committee. All MPs may speak and vote - for lengthy or complex Bills the debates may be spread over several days. All MPs can suggest amendments to the Bill or new clauses they think should be added.

The Third Reading is the final chance for the Commons to debate the contents of a Bill. It usually takes place immediately after report stage as the next item of business on the same day. Debate on the Bill is usually short, and limited to what is actually in the Bill, rather than, as at second reading, what might have been included. Amendments cannot be made to a Bill at the third reading in the Commons. At the end of the debate, the House decides (votes on) whether to approve the third reading of the Bill. The Bill then moves to the House of Lords and goes through 1 2 C R 3 again. If the Bill starts in the Lords it will complete 1 2 C R 3 there then go to the Commons for 1 2 C R 3.

Consideration of Amendments When a Bill has passed through third reading in both Houses it is returned to the first House (where it started) for the second House's amendments (proposals for change) to be considered. Both Houses must agree on the exact wording of the Bill. If the Commons makes amendments to the Bill, the Lords must consider them and either agree or disagree to the amendments or make alternative proposals. If the Lords disagrees with any Commons amendments, or makes alternative proposals, then the Bill is sent back to the Commons. A Bill may go back and forth between each House (‘Ping Pong’) until both Houses reach agreement.

Royal Assent When a Bill has completed all its parliamentary stages in both Houses, it must have Royal Assent before it can become an Act of Parliament (law). Royal Assent is the Monarch's agreement to make the Bill into an Act and is a formality. When Royal Assent has been given to a Bill, the announcement is usually made in both Houses - at a suitable break in each House’s proceedings – by the Lord Speaker in the Lords and the Speaker in the Commons. At prorogation (the formal end to a parliamentary year), Black Rod interrupts the proceedings of the Commons and summons MPs to the Lords Chamber to hear the Lords Commissioners announce Royal Assent for each Bill.