The main legislative process

The main legislative process can be categorised in the following subsections; it usually begins within a manifesto which varies slightly between political parties, followed by a green paper, a white paper, the first reading, a second reading, the committee stage, a report stage, a third reading, the bill is then passed to the House of Lords for a similar procedure beginning with the first reading, and is then followed by Royal Assent (Op Cit: Sixthformlaw.info).

Explained in further detail, the manifesto is a list of promises and actions to the electorate, that all political parties intend to make if they become government. It is under this foundation that political parties are elected. Contained within the manifesto are a particular parties intended changes to legislation however, not all of these promises become law as when political parties ascend to power, they are supplied with detailed information from civil servants regarding fiscal viability or whether the changes will be realistically possible. Unelected events can also cause a government to enact changes in legislation; wars or rulings by the courts can enact changes with the law as was the case with R v Preddy (1996), which saw an amendment to The Theft Act in 1996. Also, campaigning form activists, individual citizens or other MPs can raise awareness of particular issues, but more extensively used is the media to influence political agenda, no doubt to gain the majority vote of public opinion (Op Cit: sixthformlaw.info; parliament.uk).

The green paper, or to give it its correct name a command paper are initially cautious proposals set out by the elected government which are still being formed, seeking public opinion and support. There is no legal requirement for green or white papers to be completed before a Bill is put before parliament however; the importance of consultation at this stage of the process was highlighted in 2003 when Tony Blair tried to abolish the role of the Lord Chancellor without consulting anyone, and in the process missed the issue of dealing with over 500 statutes relating to his role (Op Cit: sixthformlaw.info; news.bbc.uk).

The white paper, also known as a command paper is a more definitive version of the green paper, which has received some scrutiny from interested parties and is often published at the same time as an applicable Bill, to be then presented to parliament. Some white papers are used as consultation documents for discussions with affected groups, be it pressure groups, voluntary organisations or professional bodies. Private individuals may also respond to these command papers (Op Cit: sixthformlaw.info).

The first reading of a proposed Bill is a formality requiring no debate. The short title is read out, as well as copies being distributed amongst MPs or Lords. This is where many private Bills are rejected in the House of Commons, but does however grant the sponsoring MP a chance to raise awareness within government, as well as the public as to the reason why they feel legislation is necessary. There is then a vote to decide whether or not the Bill should continue to the second reading stage, which involves members shouting “Aye!” or “No!” If there is no definitive clear answer, then a more formal voting process takes place, members leave past two “tellers” who count each member who leaves (Op Cit: justis.com, sixthformlaw.info).

The second reading stage is the first opportunity for any real debate on the semantics of the Bill; a more detailed discussion takes place at the committee stage. At this stage, opposition parties usually vote against a Bill or motion that the Bill is read again if it were deemed to be controversial. A senior government minister in the relevant department reads out the main principals of the Bill and summarises its main clauses, the opposition parties’ spokespersons and backbenchers’ opinions are then heard whether they support or rebuff all or certain aspects, and government ministers will then deal with the main issues raised. Voting then takes place in the same way as mentioned above, and if the House votes against the Bill it can progress no further. This is a highly rare occurrence. (sixthformlaw.info)

The committee stage consists of usually 18 MPs and represents a cross section of the parties’ within the House of Commons. They scrutinise the proposed Bill line-by-line and detailed amendments are given due consideration and voted on. The whole House of Commons may sit as a committee in extenuating circumstances such as Bills of constitutional importance or finance Bills, this happened in 2010 when the Coalition Government passed a Bill which allowed schools to become academies. These MPs are usually briefed by interested groups on which amendments they wish to see, whilst individual aspects of the Bill may be altered, the main principal must stay the same  (Op Cit: .justis.com). There is no committee stage within the House of Lords, whilst the first and second reading processes, as well as the report stage remain much the same; the entire House often takes part in this process. There appears to be many issues within the process which could result in conflicting interests such as political allegiance or personal preference (Op Cit: parliament.uk).

The report stage then takes place to discuss relevant changes that have been made during the committee stage which must be approved or rejected on the main floor of the House of Commons. In practice, this process is similar to the committee stage however, only the amendments are discussed and all members may speak and vote (Op Cit: sithformlaw.info)

The third reading stage immediately follows the report stage and is usually short, unless the Bill is of constitutional importance. The Bill is reviewed in its complete form, including all amendments, amendments cannot be made at this stage within the House of Commons, however in the House of Lords there may be, but they must then be ratified by the House of Commons, these are called Lords amendments which are accepted 90% of the time (Op Cit: justis.com). Once the Bill has been approved by the House of Commons, it is then passed on to the House of Lords to undergo the same processes (Op Cit: sixthformlaw.info).

Once the third reading stage is complete within both Houses of Parliament, the Bill is sent for Royal Assent. The reigning monarch must give consent for a Bill to be formally passed as a law, the last time this was done in person was in 1854 and the last time Assent was withheld was in 1707 (Op Cit: justis.com).

 

 

 

References                                                                                                    Word count: 1082

Sixth form law; the formal legislative process: http://sixthformlaw.info/01_modules/mod2/2_2_1_legislation/04_leg_formal_process.htm Valid on: 25.04.13

Legislative process: taking a Bill through Parliament; Cabinet Office: https://www.gov.uk/legislative-process-taking-a-bill-through-parliament Valid on: 25.04.13

Cases on the Theft Act 1968, deception offences: http://www.lawteacher.net/PDF/Deception%20Cases.pdf Valid on: 25.04.13

How (most) laws are made; Parliament education service; http://www.parliament.uk/education/online-resources/parliament-explained/how-laws-are-made/how-most-laws-are-made/ Valid on: 25.04.13

First reading; Parliament education service: http://www.parliament.uk/about/how/laws/passage-bill/commons/coms-commons-first-reading/ Valid on: 25.04.13

Tony Blair admits plan to axe Lord Chancellor; BBC: http://news.bbc.co.uk/1/hi/uk_politics/8443287.stm Valid on: 25.04.13

The legislative process of the United Kingdom Parliament; Justis Publishing Limited: http://www.justis.com/data-coverage/parliament-bills.aspx Valid on: 25.04.13

R v Preddy [1996] 3 WLR 255