Type of bills
Before a law becomes a law, it is referred to as a bill.
Public- bills which will affect the whole country and usually created by Government. CRIMINAL JUSTICE ACT 2003.
Private- bulls which will affect certain individuals or groups and are introduced by them (often starts in HoL) UNIVERSITY OF LONDON BILL (2018-2019)-Allowed universities to award their own degrees-only affected this organisation.
Private members- bill introduced by an MP or Lord who are not part of government. ‘Backbenchers’ (party not in power) who are successful in making laws. ABORTION ACT 1967-MP David Steel which legalised abortion in certain circumstances.
Hybrid- bills which are created by the Government but only affect certain individuals. HIGH SPEED RAIL (LONDON-WEST MIDLANDS) ACT 2017.
Green paper and white paper
Green- a consultation document used to propose ideas for new laws and invite feedback. May lead to white paper if government decides to proceed.
White- a firm policy statement-sets out governments official plans for a proposed law. Usually leads to w bill being drafted and introduced to Parliament
Stages of law making process
First reading
Second reading
Committee stage
Report stage
Ping pong -> Third reading
-> Royal assent
Commencement
First reading
The bills title and main aims are read out. No debate takes place at this stage. Verbal vote if taken to see if bill should proceed to the next stage
Second reading
MPs debate the main aims of the bill and a vote is then taken
Committee stage
Select committee called the ‘standing committee’ (made up of 16-50 Maps chosen for their knowledge/expertise) will look at the bill clause by clause (sentence by sentence) to scrutinise it. They will make amendments where they see fit, ready for next stage
Report stage
The ‘standing committee’ will now report back to the rest of the house. The amendment made during the committee stage will be discussed and voted on here
Third Reading stage
Final chance for the bill that be debated and voted. No changes can be made here unless it’s for spelling, grammar, etc.
Ping-Pong Stage
The bill will go to the other house (if started in HoC it will go to HoL- vice versa). The other house just pass the bill through the same stages. In HoL the committee stage is different -the whole house will look at the bill together -> no report stage. Any amendments they make will be passed back to consider. Can accept/reject + send bill back. This is called ‘ping-pong’ until both Houses agree.
Royal Assent
The Monarch (Crown) approves the bill and it becomes an Act of Parliament.
Commencement
This is the date on which the bill will become an Act of Parliament. Usually at midnight on the day of approval however can be given a specific date. A law was delayed coming into force was the POLICE AND CRIMINAL EVIDENCE ACT.
Advantages and Disadvantages of the Law making process
A.Committee stage allows for expert opinion -> thorough approach-> fit for purpose + applicable-> Royal Assent
D. Mistakes can be made DANGEROUS DOG ACT. Emergency rushed. 4 breeds- not dangerous, circumstances are.
A Democratic -> voting people in make choices. Voting system-> HoC-> representing public. Labour-> Prime Minister focuses on issues/concerns we have.
D. Undemocratic - HoL or back benchers not voted on or not if you hadn’t voted for them. Public not elected on proposed issues, rule of law.
A.Takes on board other opinions from other parties, public, Law Commission and other House- diverse perspective, opinions and input from experts.
D. Opinions can be ignored- back benchers. HoC get last day as they are elected if ping-pomg goes on too long.
A.Emergency laws can be passed-> COVID: 2 meters apart. Bypass stages- up to them may merge. Importance.
D. Long process - years to pass. Weeks between first reading Vs second reading.