Parliamentary Law Making: The Legislative Process From Green Paper To Royal Assent, Role Of The House Of Commons And The House Of Lords In The Process, Different Types Of Bill (Copy)
Introduction
- Parliamentary law making is the primary source of law in England and Wales.
- Acts of Parliament (statutes) are supreme under the principle of parliamentary sovereignty (Dicey).
- The process ensures legislation is subject to consultation, scrutiny, and debate before becoming law.
Stages Of The Legislative Process
1. Green Paper – Consultation Stage
- A government consultation document setting out proposals for new law.
- Issued by the relevant government department.
- Its purpose is to invite discussion, feedback, and criticism from interested parties (pressure groups, experts, public).
- Not binding; proposals may be revised or abandoned.
- Example: The Data Protection Green Paper (2017) invited consultation before drafting the Data Protection Bill 2018.
2. White Paper – Policy Proposal
- A more detailed, formal statement of government policy.
- Sets out firm proposals for future legislation.
- Forms the basis of a parliamentary bill.
- Example: The White Paper on Brexit (2017) outlined government policy before the European Union (Withdrawal) Act 2018.
3. First Reading
- The bill is introduced to Parliament (either House of Commons or House of Lords).
- Title of the bill is read out.
- No debate or vote at this stage.
- Purpose: to give formal notice that the bill is being considered.
4. Second Reading
- The main debate on the principles of the bill.
- Members discuss general aims, not detailed wording.
- A vote is taken – if bill is defeated, it goes no further.
- Example: In 1986, the Shops Bill (to allow Sunday trading) was defeated at second reading in the Commons.
5. Committee Stage
- Detailed examination of bill, clause by clause.
- Conducted by a Public Bill Committee (formerly Standing Committee) in the Commons, or by the whole House in the Lords.
- Amendments can be made, new clauses added, unnecessary clauses removed.
- Example: Criminal Justice and Courts Bill 2014 saw major amendments at committee stage.
6. Report Stage
- Bill returned to the House for further consideration.
- Amendments from committee are reviewed and further changes debated.
- Opportunity for MPs/Peers not on the committee to propose additional amendments.
7. Third Reading
- Final review of the bill in its amended form.
- Debate is usually short, focusing on whether the bill should proceed.
- A final vote is taken.
8. Other House
- Bill then proceeds to the other House (Commons if started in Lords, Lords if started in Commons).
- Undergoes the same stages (First Reading → Third Reading).
- If amendments are made, the bill returns to the original House for approval.
- “Ping-pong” may occur when Houses send amendments back and forth until agreement is reached.
9. Royal Assent
- Final stage.
- Bill is sent to the monarch for formal approval.
- By constitutional convention, Royal Assent is always granted.
- Bill becomes an Act of Parliament (statute) and part of the law.
- Example: European Union (Withdrawal Agreement) Act 2020 received Royal Assent on 23 January 2020.
Role Of The House Of Commons
- Primary Chamber in law-making.
- Elected MPs represent the democratic will of the people.
- Government usually has majority in the Commons, making it easier to pass legislation.
- Commons can overrule the House of Lords under the Parliament Acts 1911 and 1949 if the Lords delay a bill for more than one year.
- Example: Hunting Act 2004 was passed despite Lords’ opposition using the Parliament Act.
Role Of The House Of Lords
- Revising Chamber: provides scrutiny and expertise.
- Often contains legal experts, former judges, and professionals.
- Can delay legislation for up to one year (except money bills).
- Cannot ultimately block legislation but can force Commons to reconsider.
- Example: Terrorism Bill 2005 – Lords amended provisions on detention of terror suspects, delaying government plans.
Different Types Of Bills
- Public Bills
- Most common type; affect the general public.
- Introduced by government ministers or MPs.
- Example: Criminal Justice and Courts Act 2015.
- Private Bills
- Affect specific individuals, organisations, or localities rather than the public at large.
- Promoted by organisations such as local authorities or companies.
- Example: University of London Act 1994.
- Private Members’ Bills
- Introduced by backbench MPs or peers, not government.
- Limited time for debate → often fail unless government supports.
- Example: Abortion Act 1967 and Marriage Act 1994 both began as Private Members’ Bills.
- Hybrid Bills
- Contain features of both public and private bills.
- Affect the general public but also specific organisations.
- Example: HS2 Act 2017 (high-speed rail project).
- Money Bills
- Concern taxation and public expenditure.
- Must start in the House of Commons.
- Lords can only delay for one month (Parliament Act 1911).
- Example: Finance Acts passed annually with the budget.
Evaluation Of The Legislative Process
- Strengths
- Allows thorough scrutiny at multiple stages.
- Democratic input via elected Commons.
- Expertise and revision from Lords.
- Flexibility through amendments.
- Weaknesses
- Process is lengthy and time-consuming.
- Government majority in Commons can dominate, reducing effectiveness of scrutiny.
- Lords unelected → questions of legitimacy.
- Public involvement limited to consultation stages.
Case Studies Illustrating Parliamentary Law Making
- Hunting Act 2004: Commons used Parliament Act to bypass Lords.
- Burmah Oil v Lord Advocate (1965): government passed War Damage Act 1965 retrospectively to overturn court decision, showing Parliamentary sovereignty.
- Terrorism Acts (2000, 2005, 2006): rapid law making in response to terrorism threats raised concerns about insufficient scrutiny.
Written and Compiled By Sir Hunain Zia, World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course