THE LEGISLATIVE PROCESS

• The UK Westminster Parliament consists of the House of Commons, the House of Lords and the King all acting together:

  • Members of the House of commons are elected.
  • Members of the House of lords are either hereditary peers or appointed life peers
  • The king has to give his assent before a law can become an Act of Parliament
• MPs sit in the House of Commons and represent a political party. They are elected by the public
• The government of the day is formed by the political party that has majority of MPs in the House of Commons.
• Parliament considers proposed legislation for the whole of the UK and that which applies only to England. It has to be passed by both the House of Commons and the House of Lords and then assented by the King - which is a mere formality
• Scotland and Wales have their own elected Parliaments to make laws that relate only to these countries. Northern Ireland has its own elected Assembly to make laws for that province.
• If a government is unsure about the details of a law it wishes to introduce , it issues a green paper. This is a document for consultation , issued by the government department with responsibility for the issue. 100 days after the green paper is issued , the government will publish a white paper.
• what is a government bill ?

  A bill introduced by the government which are likely to become a law as government business takes priority in parliament.
• what is a Private Members’ Bill ?

  A bill which is introduced by individual members of either the House of Lords or the House of Commons. They will seldom become law.
• what is a public bill ?

  A bill that affects everyone and every business in the country
• what is a private bill ?

  A bill that only affects individual persons or company
• In order to become an act of parliament , a bill usually has to be passed by both Houses of Parliament. A bill will normally start off in the House of Commons and Finance bills must start here. Occasionally a bill will be introduced in the House of Lords. Whichever House a Bill is introduced in , it must go through different stages
• Stages that a bill goes through in order to become an act of Parliament

  1. first reading
  2. second reading
  3. committee stage
  4. report stage
  5. third reading
  6. HOC
  7. royal assent
• first reading - this is a formality when the short title of the bill is read out and an order is made for the bill to be printed
• second reading - the main debate on the bill takes place the government minister in the lords explains the bill and answers questions which gives the members of lords the opportunity to debate the main principles and purpose of the bill after this, a majority vote will be required for the bill to proceed
• committee stage - scrutinises the bill and amendments
• report stage - all members of the HOL have another opportunity to examine the proposals and make amendments
• third reading - amendments can still be made at this stage as long as the point was not considered and voted on at the committee or report stages
• The power of the House of Lords to reject a bill is limited by the Parliament Acts 1911 and 1949. These allow a bill to become law even if the House of Lords rejects it , provided that the bill is reintroduced into the House of Commons in the next session of parliament and passes all the stages again there.
• The final stage is where the monarch formally gives approval to the Bill and it then becomes an Act of Parliament and part of the law.
• Who makes laws in a democratic legislative process?

  Elected representatives
• Why is the legislative process considered democratic?

  Because law is made by elected representatives
• How often must a general election occur in the legislative process?

  At least once every five years
• What can the electorate do if the government fails to perform?

  Vote out the government
• What is often consulted before a Bill is presented to Parliament?

  Green Papers
• What is the purpose of consulting on proposed changes to the law?

  To consider objections and suggestions
• What process do all Bills go through in Parliament?

  Lengthy discussion process
• Why is the committee stage important in the legislative process?

  It allows thorough discussion and scrutiny
• What must happen before a new law is brought into force?

  Thorough discussion and scrutiny
• Why is the legislative process considered undemocratic by some?

  Because the House of Lords is unelected
• What is one reason MPs may not vote with their conscience?

  They are obliged to 'take the whip'
• What type of law is referred to as 'lawyers' law'?

  Criminal law or law of contract
• What is an example of law awaiting reform mentioned in the text?

  The law on assaults and non-fatal offences
• How long did the Consumer Rights Act 2015 take to pass?

  Fourteen months
• What can expedite the legislative process during emergencies?

  Emergency laws can be passed quickly
• What are the main disadvantages of the legislative process?

  • House of Lords is unelected
  • Crown's approval is undemocratic
  • MPs often vote on party lines
  • Limited time for proposed reforms
  • Lengthy process for bills to become Acts