Insight UK. Passing Legislation (FCO, 2003).pdf

INSIGHT UK

Passing Legislation

In the 2000–2001

Parliamentary session,

21 Government Bills

became law (this session

was cut short for the

general election). In the

session before (1999–2000),

39 Government Bills and

6 Private Member’s Bills

became law.

Laws in the UK come from various sources:

• the common law, which has developed from decisions made in

law courts over hundreds of years

• case law, based on the decision of a previous judge in a similar case

• the European Union

• and statute law, laws passed by Parliament (Acts of Parliament).

This leaflet covers statute law.

Parliament’s authority comes from MPs in the

House of Commons being elected, and from its

history as the source of law.

On average, each year

there are 170 ‘sitting’

days, when Members of

Parliament (MPs) sit in

the House of Commons.

About half the time is

spent debating proposed

legislation; the rest is

spent on statements,

ministers’ question times

and other debates.

The unelected House of Lords recognises the primacy of the

elected House of Commons and the right of the Government

to get its legislation passed.

In the run-up to a general election, each political party will publish

a manifesto explaining what they would do if elected, including

what laws they would pass. If they win the election and form the

next Government, they put these ideas as Bills to Parliament in

the hope that they will become law.

TOP LEFT: Central lobby at the Houses of Parliament

TOP RIGHT: The Speaker’s Chair © Houses of Parliament Library

BOTTOM: State opening of Parliament © Patrick Tsui

A Bill is a proposed Act

of Parliament. Bills are

discussed in both Houses

of Parliament and changes

are often made before

they become law.

British Overseas

Territories Bill

House of Lords

Introduction

Date of procedure

What it means

21 June 2001

The Bill is read out &

printed

Main debate in the

House on the Bill & if

necessary a vote on

its principle

Detailed consideration

of the Bill and debate

on amendments

Further chance to amend

the Bill

Final chance to comment

and vote on the Bill

An amendment made in the

Commons is considered

Second Reading

10 July 2001

Once the Bill has been approved

by both Houses and given Royal

Assent by the Queen it becomes

an Act of Parliament, part of

the law, that must be obeyed.

Committee

24 July 2001

Report

23 October 2001

Third Reading and Passing

30 October 2001

Consideration of

Commons amendment

House of Commons

Introduction

26 February 2002

GOVERNMENT

LEGISLATION

30 October 2001

The Bill is read out

& printed

Main debate in the House

on the Bill & if necessary

a vote on its principle

This is normally when a

group of MPs (Standing

Committee) considers the

Bill in detail and can make

amendments. Bills can go

to a Committee of the

Whole House

Amendments and changes

considered by the whole

House; those not on the

Committee can propose

amendments

Final chance to debate

the Bill

At the State Opening of Parliament,

which usually happens each

November, the Queen goes to

the House of Lords and reads

the Queen’s Speech. This includes

the main list of Bills that will be

presented by the Government to

Parliament during the coming

session.

Second Reading

22 November 2001

Committee

6 December 2001

Report

13 February 2002

The following table shows how

the British Overseas Territories

Bill granting British citizenship to

British overseas territories citizens,

went through the Parliamentary

stages that apply to all Bills and

became law.

Third Reading

Royal Assent

26 February 2002

Queen’s Assent formally

notified to both Houses

of Parliament

RIGHT: Parliament Green © Foreign & Commonwealth Office

Public Bills can be

introduced into either the

House of Commons or the

House of Lords. Bills with

a mainly financial purpose

are always introduced in the

Commons and if their main

aim involves new taxation or

public spending, they must be

introduced by a government

minister in the Commons.

VOTING

Lists are published of how each

MP voted.

The Speaker is the chief officer

of the House of Commons,

and is elected by fellow MPs

to preside over the House,

charged with preservation of

order and chairing debates.

An MP may not vote on a

matter in which he or she

has a pecuniary interest.

PRIVATE

MEMBERS BILLS

In the House of Commons, the

Speaker puts a motion to the vote

by asking those in favour to say

Aye (Yes) and those against to say

No. If the result isn’t clear from

this, or MPs call for a division,

the House ‘divides’.

Individual MPs can introduce

Bills to the House of Commons.

The time available for debating

such Bills is very limited; 13

Fridays in a Parliamentary

session are set aside for them.

The House of Lords, by

convention, cannot reject

legislation on matters that were

in a party’s manifesto, nor make

changes to a Money Bill (about

matters such as tax).

Dividing is when MPs vote Aye

by walking through the division

lobby (corridor) to the right of

the Speaker and No by going

through the lobby to the left.

Every session, a ballot is held,

and the MPs who come highest

in the ballot have the best chance

of presenting a Bill that would

become law.

New laws are needed as laws go

out of date, or to comply with

international or European law

(such as the Human Rights Act

1998), or to put Government

policies into practice.

In the 2000–2001 Parliamentary session, five Private Member’s Bills

introduced through the ballot procedures became law:

Title of Bill

Presented by

No. in Ballot

Carers and Disabled Children

Tom Pendry

Before Bills are introduced into

Parliament, there has usually

been consultation and discussion

with interested parties such as

professional bodies, voluntary

organisations and pressure

groups.

Health Service Commissioners

(Amendment)

Sir Geoffrey Johnson Smith

Licensing (Young Persons)

Paul Truswell

Protection of Animals (Amendment)

Claire Curtis-Thomas

Warm Homes and Energy Conservation

David Amess

BOTTOM RIGHT: The royal throne in he House of Lords

FRONT COVER IMAGES

PRIVATE

LEGISLATION

DEVOLUTION

Sources

Houses of Parliament

http://www.parliament.uk/hophome.htm

The Northern Ireland

Assembly and the

Scottish Parliament

can also pass legislation

affecting Northern

Ireland and Scotland

respectively on devolved

matters such as

agriculture or education.

They were set up under

laws passed by the

Houses of Parliament

and have similar

procedures for debate,

voting and amendments

to Bills.

Some Bills are

introduced to

Parliament that will

only affect one area

or group of people.

These are Private Bills.

House of Commons Factsheets

http://www.parliament.uk/commons/lib/

fact.htm

House of Commons Weekly

Information Bulletin

http://www.publications.parliament.uk/pa/

cm/cmwib.htm

House of Lords Briefings

http://www.publications.parliament.uk/pa/

ld199697/ldinfo/ldgeninf.htm

Guardian Glossary of

Parliamentary Terms

http://politics.guardian.co.uk/commons/story/

0,9061,583460,00.html

Private Bills are put forward by

bodies such as local authorities

and companies seeking special

powers not available under

general law. For example, the

proposed scheme for a new

east-west railway in London will

need a Private Bill to go through

Parliament before it can start.

Hybrid Bills are a cross between

a Public Bill and Private Bill, and

are public bills which affect the

specific private rights of people

or bodies. They are usually

introduced by the Government,

but are quite rare – the last one

was in 1996 to let the Channel

Tunnel Rail Link be built.

The Welsh Assembly can

pass secondary legislation

on devolved matters: that

is, legislation already

provided for under an

Act of Parliament.

Published by the Foreign & Commonwealth Office, London

Telephone: 020 7270 1500 Internet address: www.fco.gov.uk

Details of other FCO publications are available from

www.informationfrombritain.com

Written by the Institute of Contemporary British History

Printed by ABC Printers

on paper produced from trees grown in sustainable forests and

made and supplied by an ISO 14001 accredited supply chain.

January 2003 Order No 2055

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