legislative process

• What is the first stage in a bill becoming a law?

  First reading: The bill is read out, printed and given out. It's just a formality.
• What is the second stage in a bill becoming a law?

  Second Reading: The main principles of the bill are discussed. If agreed on, there is programme motion (timetable).
• What is the third stage in a bill becoming a law?

  Commitee stage: The bill is examined by a "standing commitee" (50 MPs). Membership based on "strength" of the House of Commons.
• What is the fourth stage in a bill becoming a law?

  Report stage: The bill is returned and the ammendments are debated (controversial/not agreed on).
• What is the fifth stage in a bill becoming a law?

  Third Reading: The final vote. The bill as a whole can be opposed.
• What is the sixth stage in a bill becoming a law?

  Royal Assent: "approval" by the monarch.
• What is a green paper?

  A consultative document issued by the government putting forward proposals for reform of the law.
• What is a white paper?

  A document issued by the government stating their decision as to how they are going to reform the law.
• What is the difference between green and white papers?

  Green papers gather feedback on changes to policy whereas white papers outline legislative proposals or draft bills.
• What is a bill?

  The name for a draft law going through Parliament before it passes all the parliamentary stages to become an Act of parliament.
• On major matters, who may the Green Paper be issued by?

  The Minister with responsibility for that matter.
• When a Green Paper is issued by the Minister with responsibility for that matter (on major matters), what are interested parties invited to do?

  Send comments to the relevant government department, so that a full consideration of all side can be made and necessary changes to the government's proposals. Following this, the government may publish a White Paper with its firm proposals for a new law.
• What is the role of the House of Commons in the legislative process?

  • Most bills are introduced here first as the members are democratically elected.
  • If they vote against a bill, that is the end of that bill.
  • Throughout, there are debates on issues of the policy behind the law as well as on specific details of the bill.
• What is the role of the House of Lords in the legislative process?

  • Acts as a check on the House of Commons: they can vote against proposed changes to the law.
  • Their power is limited: if they reject it, the bill can still become law provided that it's reintroduced to Parliament in the House of Commons and passes all the stages again. They can only delay a law.
  • Its function is to refine and add to the law, not oppose the House of Commons, as it isn't an elected body.
• Following Royal Assent, when will the Act come into force?

  Midnight of that day, unless another day has been set but very few acts are implemented immediately. Instead, the Act itself states the date when it will commence or passes responsibility onto the appropriate minister to fix the commencement date and will bring the Act into force by issuing a commencement order.
• How can Acts being brought into force by issuing a commencement order cause problems?

  It can be necessary to keep checking which sections have been brought into force. It may be that some sections or even a whole Act will never become a law.
• What is the structure of an Act of Parliament?

  • The name of the Act is under the royal coat of arms.
  • Underneath is the year, "chapter", and which number Act was passed in that year.
  • Next, a preamble about the purpose of the Act.
  • Then a formal statement starting, "Be it enacted".
  • Finally, the body of an Act, set out in sections.
• Why does an Act of Parliament contain a formal statement starting, "Be it enacted"?

  It shows that the Act has been passed by both Houses and received the Royal Assent.
• What are the advantages of law-making?

  • It's democratic
  • It can reform whole areas of law
  • Deleted Legislation
  • Consultation before presentation
• How is law-making being democratic an advantage?

  Parliamentary-made law is made by elected representatives. There has to be a general election every 5 years so that the public can vote out governments not performing as expected.
• How is law-making being able to reform whole areas of law an advantage?

  For example, the Fraud Act 2006 which abolished all the old offences of deception and fraud and created a newer, simpler structure of offences.
• How is deleted legislation an advantage of law-making?

  Acts can set out broad policies and give the power to others to make detailed regulations.
• How is the fact that there is consultation before presentation of bills an advantage of law-making?

  Before a bill is presented to Parliament, there has to be consultation on the proposed changes to the law, allowing the government to take into consideration objections to the proposals and as bills pass through both Houses, the new law would've been discussed thoroughly in Parliament.
• What are the disadvantages of law-making?

  • Limited time
  • Limited time (for Private Member's Bills)
  • Complexity
• How is limited time a disadvantage of law-making?

  Parliament doesn't always have time to deal with all the reforms that are proposed. "Lawyers law" such as criminal law or law of contract in particular.
• How is limited time for Private Member's Bills an advantage of law-making?

  The government allows very little time for Private Member's Bills. Even when they do introduce a bill. it can be easily voted out by the government as they have majority in the House of Commons, resulting in very few of these bills becoming law.
• How is complexity a disadvantage of law-making?

  Acts are often complex and long, making them difficult to understand. Many cases that go to the Supreme Court on appeals are about what words in an Act mean. The law can become even more complicated where one Act amends another so that it's necessary to consult two or more Acts to find exactly what the law is.