Please enable JavaScript.
Coggle requires JavaScript to display documents.
THE LEGISLATIVE PROCESS - Coggle Diagram
THE LEGISLATIVE PROCESS
HOUSE OF COMMONS
REPORT STAGE: the bill is debated again, with all the passed amendments included. Formality.
-
COMMITTEE STAGE: a Public Bill Committee is formed for each piece of legislation. Usually contain 18 members, chosen by the party whips. In each committee the govt side has a majority, reflecting its strength in the whole house. Ensures the govt can win any votes, defeats at this stage rare. Committees can call witnesses from interested parties and consider written evidence when considering details of bill. Each proposed change or amendment voted on.
PASSAGE TO OTHER HOUSE: most bills are first presented in the Commons, so they next pass to the Lords (though it can be the other way around).
SECOND READING: the main debate on the bill, followed by a vote. If it's passed, it will move to detailed scrutiny. The party whips will have requested or ordered the members of their own party to vote in a particular way. The govt expects to win this vote and virtually always does.
-
FIRST READING: MPs are informed about the bill or proposed legislation but it's not debated at this stage. Several weeks normally elapse before further progress. This stage is purely formal.
ROYAL ASSENT: the monarch signs the bill, this signifies the formal passage of the bill into law. A formality, royal assent hasn't been refused since 1707.
HOUSE OF LORDS
The legislative procedure of the House of Lords is the same as in the Commons, with one main exception.
The exception is that in the 'committee stage' in the Lords, all peers are entitled to attend and vote. In the Commons, this is done by a committee of nominated MPs.
The House of Lords is subject to an unwritten constitutional convention - the Salisbury Convention, which means the Lords cannot obstruct any proposed legislation that was contained in the governing party's last election campaign.
The House of Lords is subject to the 1911 and 1949 Parliament Acts. These mean the Lords can only delay the passage of legislation for one year, and the 1911 Act also means the Lords has no legislative control over financial matters.
The govt whips try to ensure the govt wins any votes, but there is no majority so this cannot be guaranteed. Govts often suffer defeats at the hands of the Lords at this stage.
It is hoped and assumed that amendments made at committee stage will improve legislation, ensuring that it\s clear and fair and that it protects vulnerable minorities. However, amendments proposed by the House of Lords can be overturned in the Commons.
TYPES OF LEGISLATION
PRIVATE MEMBERS' BILLS - MPs may enter a ballot allowing five of them each year to present their own proposed piece of legislation. These rarely pass into law unless they receive the support of govt. There is usually not enough parliamentary time to consider them.
PRIVATE BILLS - such bills are presented by individuals or organisations outside govt and Parl. They apply to Parl for permission to take certain actions (often building or changing land use) which are currently forbidden. They go through a slightly simplified form of parliamentary procedure and are rarely used.
SECONDARY LEGISLATION - usually described as ministerial orders. Under powers granted in primary legislation, ministers or other bodies may make minor regulations. Most such orders aren't debated in Parliament, but Parl has the option of vetoing such legislation. Also called delegated legislation.
PRIMARY LEGISLATION - these are major pieces of legislation either changing the law or granting powers to subsidiary bodies and individuals to make secondary legislation.
PUBLIC BILLS - these are bills presented by the govt. They are expected to pass successfully into law.
KEY TERMS
-
-
COMMITTEE OF THE WHOLE HOUSE - a meeting held in the chamber in which the full Commons considers the committee stage of a public bill.
BILL - a proposal for a new law, or change to a current law, that has yet to complete the parliamentary legislative process.
-
-
SECONDARY LEGISLATION - a law made by ministers, who have been granted this authority by an Act of Parliament, rather than made by parliament.