LAW P2 ELS (Parliamentary law making) Flashcards
(12 cards)
What happens before a bill passes through parliament?
Before a bill passes through parliament, a consultation process often takes place.
What are green papers and white papers?
Green papers and white papers are often issues, outlining proposals for the bill, in order to canvas opinion and to generate debate before the bill comes before parliament
What is a green paper??
A green paper is a consultation document issued by the government which contains policy proposals for debate and discussion before a final decision is taken on the best policy option. It will often contain several alternative policy options to consider.
The aim of a green paper is to allow people both inside and outside parliament to give the department feedback on its policy or legislative proposals.
What is a white paper?
A white paper is a document issued by a government department which contains detailed proposals for legislation. It is the final stage before the government introduces its proposals to parliament in the form of a bill.
When a white paper is issued it is often accompanied by a statement in the house from the secretary of state of the department sponsoring the proposals.
What is the stages of passing a bill starting in the house of commons?
- Bill is drafted
- First reading in house of commons
- Second reading in house of commons
- Committee stage
- Report stage
- Third reading in house of commons
- same procedures in the house of lords
- Royal assent
What is the first reading in house of commons?
At first reading, the title and the main aims of the bill are read out. No debate occurs at this stage.
A verbal vote is then taken to decide whether or not to take the bill to second reading. If a majority agrees, then a date is set for second reading which is often set as the next day
What is the second reading in the house of commons?
At second reading, the main policy areas of the bill are debated by the whole house, often led by the minister who proposed hte bill.
A vote is then taken and if a majority agrees, then the bill will move to the committee stage, where greater scrutiny will take place. Once a bill passes to the comittee stage it is unlikely that the bill will fail to become an act of parliament
What is the committee stage?
At the committee stage, a standing committee of between 16 and 50 MPs conduct a line-by-line examination of the bill.
The MPs are usually chosen for their expertise in the area and a proportion come from all parties.
They debate each and every clause in order to refine the lanugage used and to amend any problematic issues that present themsevles. A vote must be taken on each amendment that is made before the bill moves to the report stage
What is the report stage?
At the report stage, the standing committee reports back to the whole house on the issues raised in the committee stage and on any amendments made.
The purpose of this stage is to ensure that the standing committee adheres as far as possible to the principles generally agreed by the house at the second reading.
The hoyse may make additional amendments at this stage if necessary, but these must be approved by a further vote. Once the bill passes a vote it may move on to the third reading
What is the third reading in the house of commons?
The third reading is where there is a review of the whole bill.
This stage is often a formality, as most of the issues would have been addressed at earlier stages.
After a successful vote, the bill then passes to the house of lords, where the same stages are repeated
What is the royal assent?
The final stage is royal assent, which is where the monarch or rather someone appointed on their behalf, signs off on a bill, bringing it into law.
What are the differences when a bill reaches the house of lords?
- Firstly, in the House of Lords, the whole house conducts the Committee Stage - there are no standing committees in the House of Lords. Secondly, although the House of Lords has the authority to delay a bill, they only have limited power to do so, due to the Parliament Acts 1911 and 1949.
- A delay to money bills can only be up to one month and to all other bills up to one year. After that, the House of Commons can bypass the House of Lords and take the bill straight to Royal Assent. The House of Commons is seen as superior in this regard, due to the fact that their members are democratically elected.
