The Legislative Process
Parliament is responsible for making laws in the UK. It is made up of two Houses: The House of Commons and The House of Lords. The House of Commons consists of elected Members of Parliament (MPs), who represent the people in their constituencies. The House of Lords is made up of appointed members, including life peers, some hereditary peers and bishops. Both Houses play an important role in examining and approving proposed laws.
All major UK legislation is made through Acts of Parliament, that are also known as statutes. Before a proposal becomes a law, it must pass through a long and formal process known as the parliamentary legislative process (law making process). This process allows proposed laws to be discussed, examined, amended and approved by both Houses of Parliament.
Once a Bill has successfully passed through all the stages and receives Royal Assent, it becomes an Act of Parliament.
The Pre-Legislative Procedure
Before a proposed law is formally introduced into Parliament, the Government may carry out a consultation process. This allows the Government to explore ideas, gather opinions and decide what a new law should include.
Most new laws are introduced by the Government. The Government department responsible for the area of law will usually develop the proposals. For example, the Department for Education may be responsible for proposals relating to education law.
Government departments work with lawyers in the Civil Service, known as Parliamentary Counsel, who are responsible for drafting the legal wording of proposed legislation.
There are two main stages of the pre-legislative procedure: the Green Paper and the White Paper.
The Green Paper
A Green Paper is an informal consultation document that is published by the Government when it is considering introducing a new law or changing an existing law.
It sets out the Government's initial ideas and possible proposals. However, these proposals are not finalised, and the Government may include several different options for how the law could be changed.
The purpose of a Green Paper is to stimulate discussion and gather feedback before the Government decides exactly what the new law should look like.
Interested individuals and organisations are invited to respond to the proposals. This could include members of the public, businesses, charities, pressure groups and professionals such as the police. They can provide opinions, raise concerns and suggest improvements.
The Government can then consider the feedback when developing its proposals.
The White Paper
A White Paper is a more formal document that is published by the Government after it has considered the feedback received during the Green Paper consultation.
It sets out the Government's firm proposals for the new law and explains what the Government intends to introduce. Unlike a Green Paper, which explores different ideas, a White Paper presents a much clearer plan of what the proposed law will look like.
The White Paper provides the basis for drafting the legislation. It explains the Government's intended policies and gives Parliamentary Counsel guidance on what should be included in the draft Bill.
The White Paper may also allow for further consultation and feedback before the proposed law is formally introduced into Parliament.
The difference between a Green Paper and a White Paper:
Green Paper: An informal document that introduces ideas and encourages discussion. It allows interested parties to suggest changes and give feedback.
White Paper: A formal document that sets out the Government's firm proposals for the new law and provides the basis for drafting the Bill.
The Formal Legislative Procedure
Once the Government has developed its proposals, the formal legislative process begins. The proposed law is known as a Bill. A Bill is a draft of a proposed law that must pass through several stages in Parliament before it can become an Act of Parliament.
The Bill must be considered by both the House of Commons and the House of Lords. Each House has the opportunity to debate the proposals, examine the wording and suggest amendments.
Draft Bill
The proposals for the new law are turned into a formal draft Bill. This is usually done by Parliamentary Counsel, who are specialist Government lawyers responsible for drafting legislation. The draft Bill sets out the proposed law in legal wording, including the different sections and provisions that will form part of the new legislation.
Once the draft Bill has been prepared, it can be published and formally introduced into Parliament. The parliamentary law-making process then begins.
First Reading
The First Reading is the first formal stage of the Bill in the House where it is introduced.
This stage is mainly a formality. The title of the Bill is read out and the Bill is formally presented to the House. There is no debate about the contents of the Bill at this stage.
A date is then set for the Second Reading, when MPs will have the opportunity to debate the main ideas behind the proposed law.
Second Reading
The Second Reading is where the main debate on the Bill takes place. MPs debate the main principles and purpose of the Bill, rather than examining the individual sections in detail. They will discuss why the new law is needed and whether they agree with the Government's proposals. MPs can raise concerns, explain their opinions and highlight any potential problems with the proposed law. To speak during the debate, an MP must be called on by the Speaker of the House of Commons. The Speaker is responsible for controlling debates and deciding which MPs can speak. At the end of the debate, a vote takes place. MPs decide whether they agree with the main principles of the Bill and whether it should progress to the next stage.
If the majority of MPs vote in favour, the Bill moves to the Committee Stage. If the majority vote against it, the Bill will not progress.
Committee Stage
The Committee Stage involves a detailed examination of the Bill. A Standing Committee, made up of between 12 and 50 MPs, will usually examine the Bill. These MPs are selected to consider the proposed legislation and may have a particular interest, knowledge or experience of the subject.
The committee examines the Bill clause by clause, meaning that each individual section and provision is considered in detail. During this stage, the committee can suggest and make amendments to the Bill. An amendment is a proposed change to the wording or content of the Bill. This allows problems or weaknesses in the original proposals to be addressed before the Bill progresses.
Report Stage
At the Report Stage, the Bill is brought back to the House of Commons so that all MPs can consider the amendments made during the Committee Stage. The amendments are reported back to the House and can be debated by MPs. They will then vote on whether to accept or reject the proposed changes. MPs who were not members of the Standing Committee can now contribute to the discussion and suggest further amendments.
This stage ensures that the whole House has an opportunity to examine and approve the changes made to the Bill before it progresses.
Third Reading
The Third Reading is the final stage of the Bill in the House where it was originally introduced. At this stage, MPs consider the final version of the Bill and decide whether it should be approved. The debate is usually much shorter than the Second Reading and focuses on the Bill as a whole rather than individual clauses.
A final vote takes place. If the majority vote in favour, the Bill passes through that House and moves to the other House of Parliament.
Once the Bill has passed through all the stages in the House where it was first introduced, it must go through the same process in the other House of Parliament.
For example, if the Bill started in the House of Commons, it will now be considered by the House of Lords. If it started in the House of Lords, it will move to the House of Commons.
The Bill must pass through five stages in the other House:
First Reading
Second Reading
Committee Stage
Report Stage
Third Reading
The other House will examine the Bill, debate its contents and consider whether any amendments are needed.
If the House of Lords makes amendments to a Bill that started in the House of Commons, it will be returned to the House of Commons so that MPs can consider the proposed changes. The House of Commons can accept or reject these amendments. If the two Houses disagree about the wording of the Bill, it can be passed backwards and forwards between them until both Houses agree on the exact wording. This process is known as parliamentary ping-pong.
The Parliament Acts 1911 and 1949 limit the power of the House of Lords to stop new laws being made. They mean that the House of Lords cannot permanently block most Bills from becoming law. The 1911 Act allowed the Lords to delay a Bill for up to two years, but the 1949 Act reduced this to one year. This means the elected House of Commons has the final say over most proposed laws.
Once both Houses have agreed on the final wording of the Bill, it can progress to the next stage.
Royal Assent
Royal Assent is the final formal stage of the legislative process. Once both Houses of Parliament have agreed on the exact wording of the Bill, it is presented to the Monarch for formal approval. When the Monarch gives Royal Assent, the Bill officially becomes an Act of Parliament and is recognised as law.
Royal Assent is now considered a formality. The Monarch does not take part in debating or changing the Bill and does not have a practical role in deciding whether the proposed law should be passed.
Commencement of the Act
After Royal Assent, the Act of Parliament must come into force. This is known as commencement.
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