Pre-Legislative Process

• Green Paper:

  • A consultative document on a topic in which the Government's view is put forward with proposals for law reform.
  • Interested parties are then invited to send comments to the government department so necessary changes can be made to the proposals.
• White paper:

  • A document containing the Governments firm proposals for new law.
• Once the White paper has been published the proposals are drafted in a Bill.

  This is a proposed Act of Parliament but it will only become an Act if it successfully completes all stages in the legislative process.
• There are 4 different Bills that can be drawn up:

  1. Public Bills
  2. Private Bills
  3. Private Members' Bills
  4. Hybrid Bills
• Public Bills:

  • This is a Bill that involves matter of public policy which will affect either the whole country or a large section of it.
  • These bills are introduced by the Government and are by far the most common, for example: Equality Act 2010; Human Rights Act 1998
• Private Bills:

  • This is a Bill that is designed to only affect individual people or corporations. These do not affect the whole public at large. They are usually introduced by the government after a petition to Parlaiment by those involved.
  • Example: Edward Berry and Doris Eileen Ward (Marriage Enabling) Act 1980.
• Private Member's Bill:

  • This is where individual MPs (not connected to government) introduce a Bill into Parliament. These MP's are called backbenchers.
  • The bill will affect the whole public.
  • these are usually moral, ethical and non-political issues, which parties will not usually make a stand on.
  • E.g. the Murder (Abolition of the Death Penalty) Act 1965 (Sydney Silverman MP) and the Abortion Act 1967 (David Steel MP)
• Private Member's Bills can be introduced to the House of Commons in one of two ways:

  1. Ballot
  2. Ten-minute rule
• Ballot:

  • Each Parliamentary session ideas from 20 private members are selected from a ballot, and they will then be given a timetabled slot to discuss their bill.
  • Time for debate of private members' bills is limited to Friday so relatively few members off the list of 20 have a chance to introduce their Bill.
  • Relatively few become law through there have been some important laws.
• Ten minute rule:

  • Backbenchers can also try to introduce a Bill through ten 'ten-minute' rule, under which an MP can make a speech of up to 10 minutes supporting the new law and attempting to gain the support of the house.
  • This method is rarely successful unless there is no opposition to the Bill but some have been introduced in this way.