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About Parliament
How Parliament Makes Laws
Any new law starts its life as a bill, usually introduced in the Commons. Bills typically take weeks or months to complete their passage through Parliament to become Acts, but the Government can, if it wishes, accelerate the policy in reply to public opinion, such as the ban on handguns in the wake of the Dunblane tragedy in 1996. Also the Prevention of Terrorism (Additional Powers) Bill of 1995-96 went through all of its Commons stages, was passed by the Lords, and given the Royal Assent within two days.
Sometimes before a government bill is produced, a green paper (for consultation), and/or a white paper (an agreed plan of action) are formulated to set out the ideas on policy. During its preparatory stages, Parliamentary Draftsmen, who are members of the civil service, will compose the bill, and work on the instructions of and in close liaison with, the Government department concerned. The bill will naturally embody the policy of the administration, as previously expressed perhaps in their election manifesto or the Queen's Speech.
The MPs will first see the bill when it appears in the daily Order Paper, which gives the agenda of the business of the House. A 'dummy' copy of the bill is placed on the Table on the day of presentation, introduced by the Clerk, and the Minister in charge of the Department proposing the action names a (notional) day for the bill's second reading. This process therefore means that the House needs to officially print the bill, so that it is available for reference. This is called the bill's first reading.
After it is printed, and the subsequent examination has taken place, the second reading occurs. The ensuing debate, often lasting six hours, and discussing the principles of the bill as a whole, is printed in Hansard, which always keeps an official record of all business of the House. Then, any Money Resolutions, (to authorise any part of a bill which requires a significant level of funding), or Ways and Means Resolutions, (to authorise the levying of any taxes needed), that are required are usually dealt with.
The next stage in the life of any bill is the Committee, which considers the proposals clause by clause, and changes it if it sees fit. Any member of the Committee can propose an amendment. Most routine bills go to a Standing Committee, consisting of a group of around 18 members, although often more when dealing with a complex bill, which are made up in direct proportion to party strengths within the House. A complex or politically contentious bill may be in the Standing Committee for many weeks, as the members only meet on Tuesdays and Thursdays. Any decisions are then recorded. Some bills are deliberately increasingly sent to a Special Standing Committee, which limits the amount of time that is spent investigating any related issues. Occasionally, at committee stage, the whole House may consider certain bills, such as those of constitutional importance, and those requiring a rapid passage.
Next, is the Report, or consideration stage, where the bill is reviewed in detail as the Committee amended it. Further amendments and alteration of amendments made by the Committee may be made at this stage, and new Clauses added. Unlike the Standing Committee stage, here all members can speak and vote on the bill. If no changes were made during the Committee stage, then it progresses straight through to the third reading, and there is no need for the Report.
The third reading is the final stage of the bill within the Commons, and is usually on the same day as the Report stage, with the two collectively being known as the 'remaining stages'. It enables the House to take an overview of the bill, as amended in the Committee and in the Report Stage and to permit to proceed, or otherwise, as might seem appropriate. Except for bills of major political or constitutional importance, the third reading is usually very short. Some bills may be guillotined or be subject to a Programme Motion, meaning that there debate is restricted.
The bill is then sent to the Lords, usually very soon after the third reading, and often the next day. The legislative process here is broadly similar to that of the Commons. However, there are a few exceptions. In the Lords after the Second Reading, bills are usually committed to a Committee of the Whole House. There is no guillotine and debate on amendments is unrestricted, and also amendments can be made at Third Reading as well as at Committee and Report stages.
Eventually, the Commons and the Lords must agree on the text of each bill, after all of their amendments. In the case of an impasse between the Houses, the Parliament Act of 1949 provides for the will of the Commons to prevail, after one year's delay as it did, for instance with the War Crimes Bill, meaning that an eventual solution is always reached. The Lords have no power to amend a Money bill.
When the finalised text is agreed, it is submitted to the Queen for the formality of Royal Assent. After this is achieved, the bill then becomes an Act; it is printed and sold both individually and in the annual series of Public and General Acts. It is then formally legislation, and joins the much other Common law governing the country. Other types of law include Case Law whereby judges interpret the law according to how it has been previously applied, and European laws which take precedence over British laws when the two conflict, and have done so since Britain joined the EU in 1973. An example of this is the European Parliamentary Elections Bill, which introduced proportional representation in early 1999.
Other important ways of legislating are Private Members' Bills. There is a limited amount of time set out for these in the House, and so any that are passed or heard are fortunate. These types of bills can be introduced through a ballot, which guarantees a small number of bills a full debate, the ten-minute Rule, or through an ordinary presentation. Although the success rate of such bills is not high, as they often do not have government backing, they provide a vital opportunity for MPs to push forwards and publicise their views on policy. Sometimes MPs even convince the government that a new bill does need to be drafted on the subject, and are therefore able to hold them to account over policy. Examples of successful Private Members' Bills include the Home Energy Conservation Act of 1995, introduced by the then Liberal Democrat MP, Diana Maddock (now Baroness Maddock). This Act stimulated home insulation work, generated employment in the home insulation industry and encouraged 'coherent the use of taxation as part of the Government's environmental and energy conservation policies'.
By Catherine York, July 2000
