P&E: Legislative Process

Question 1

Process in the HoC

Answer 1

1. First reading: title is introduced and a date is given for the second reading.
2. Second reading: A bill is debated and a vote is taken. A bill can be defeated at this stage.
3. Goes to a Public Bill Committee, where it is examined in detail and amendments may be made.
4. Report stage: the changes made by the Public Bill Committee are accepted or rejected.
5. Third reading: Further debated and a vote is taken. A vote is unlikely to be defeated at this stage.
6. Sent to the HoL.

Question 2

Process in the HoL:

Answer 2

1. First reading
2. Second reading
3. Public Bill Committee
4. Report stage
5. Third reading
6. Parliamentary ping pong
7. Royal assent
8. Vice-versa if the bill is introduced in the HoL first.

Question 3

What are government bills?

Answer 3

1. Most bills are introduced by the government.
2. These bills have a strong chance of being enacted
3. They can give the bill enough time to be debated and they can use the whips to encourage the bill in the HoC.
4. If it also in the government manifesto, they cannot obstruct it with amendments.

Question 4

Why do critics say the government have too much power over the process?

Answer 4

1. If the government has a majority, it will be able to rely on its MPs loyalty, making the debates largely a formality.
2. The membership of the Public Bill Committee is proportional to party strength in the HoC, always have a majority.
3. Whips also influence the selection of the PBC.
4. MPs who are too critical of their government’s bills are unlikely to advance their careers.

Question 5

Examples of a government with a majority being criticised:

Answer 5

Backbenchers elected during Blair’s landslide victories in 1997 and 2001 were often criticised for their lack of independence and for too readily showing government support without scrutiny.

Question 6

Examples of a government with a majority being were rebelled against :

Answer 6

1. In 2021, when the J government succeeded in their plans to introduce Covid passports in England in 2021.
2. 99 C backbenchers voted against the proposals, forcing the government to rely on the support for the Labour party.

Question 7

EU Withdrawal Agreement 2018:

Answer 7

1. In January 2019, Theresa May’s government was defeated by 432-202.
2. Biggest defeat ever
3. In March 2019, a modified deal was defeated by 391-242.
4. A third attempt in March was defeated by 344-286.

Question 8

Letwin Amendment 2019:

Answer 8

1. On 3 September 2019, in an emergency debate, 21 pro-EU Conservative MPs voted for Oliver Letwin’s amendment for the HoC to take control of parliamentary business to stop the possibility of the J gov to leave with no deal Brexit.
2. Government lost 328-301.

Question 9

The Fixed-term Parliaments Act 2019:

Answer 9

On 3 separate occasions, the J gov failed to secure the 2/3 majority under the FTPA 2019 to trigger a snap general election.

Question 10

EU (Withdrawal Agreement) Bill 2019:

Answer 10

An attempt by the JG to limit discussion of the EU bill to 3 days was defeated 322/308.

Question 11

What is a Private Member’s Bill?

Answer 11

1. Private Members’ bills are public bills introduced by MPs and Lords who are not government ministers (members of the cabinet).
2. Both MPs and Lords can introduce PMBs through the ballot, the Ten-Minute Rule and presentation.

Question 12

Ballot:

Answer 12

A ballot is held at the beginning of each Parliament in which MPs can put forward proposals for a PMB. 20 bills enter the ballot and the top seven are usually debated. Most PMBs enter this way.

Question 13

Ten-Minute Rule:

Answer 13

Can MPs can put forward their proposal in a 10 minute speech, much less likely to be successful.

Question 14

Presentation:

Answer 14

An MP formally presents a PMB to the HoC.

Question 15

How many PMBs were made into law in the 2023-24 session?

Answer 15

2.5% received royal assent.

Question 16

How do PMBs so the influence or lack thereof influence of backbenchers?

Answer 16

1. So few become law and most of them come from the HoC.
2. Limited time is given to debate them on a Friday and there may not even be time for a division-vote- which is necessary for a bill to become a law.
3. Since so little time is available hostile MPs can talk out a bill.
4. Called filibustering.
5. The impact of PMBs can be more about raising the profile of an issue rather than actually changing a law.

Question 17

Example of a PMB, also research assisted dying bill

Answer 17

1. 2018 Peter Kyle
2. Representation of the People (Young People’s Enfranchisement) Bill, reduce the voting age in certain elections to 16.
3. Not given enough time to proceed and the issue still retains a high parliamentary and public profile.

Question 18

Filibuster Example:

Answer 18

1. In 2016, John Nicholson MP introduced the Sexual Offences (Pardons Etc.) Bill
2. Known as the Turing Bill, after Alan Turing who may have committed suicide after being prosecuted for same-sex acts
3. Would have pardoned the living and dead men for same-sex historic sexual offences.
4. Justice Minister Sam Gyimah spoke at length during the debate.
5. Nicholas desperately tweeted about how if he kept talking until 14;30 the bill would die.
6. Alleged filibuster led to the bill’s failure.

Question 19

What happens if a PMB has cross-party support and government support?

Answer 19

1. It does have a chance of becoming law.
2. In 2021, Andrew Rosindell’s Animals (Penalty Notices) proposed fines for up to £5,000 for animal abuse.
3. Given it had government support it made its way through Parliament easily.

Question 20

House of Lords Reform Act:

Answer 20

1. PMB introduced in 2014, most significant
2. Introduced by Dan Byles MP.
3. Made it possible for Lords to resign or retire and providing a mechanism for expulsion of peers because of criminal activity and non-attendance.