Parliamentary Law Making

Parliamentary law making refers to the process by which laws are created and enacted by the UK Parliament. This process is fundamental to the British legal system and ensures that new laws are debated, scrutinised, and democratically approved. Understanding how laws are made helps students appreciate the checks and balances within the UK’s constitutional framework.

Legislative Process: Green and White Papers

The legislative process often begins with the publication of Green and White Papers. A Green Paper is a consultative document issued by the government that outlines proposals for future legislation and invites feedback from interested parties. It helps to gauge public and expert opinion before formal plans are developed.

A White Paper follows the Green Paper and sets out the government’s firm proposals for new laws. It is more detailed and forms the basis for the drafting of a Bill. The White Paper aims to inform both Parliament and the public about the intentions behind the proposed legislation.

Types of Bill

• Public Bills: These are the most common type and deal with matters affecting the general public. They are usually introduced by government ministers. For example, the Police, Crime, Sentencing and Courts Act 2022 is a Public Bill.
• Private Bills: These affect specific organisations, individuals, or localities rather than the public at large. They are often promoted by local authorities or private organisations seeking special powers, such as the construction of a new railway.
• Private Members’ Bills: Introduced by MPs or Lords who are not part of the government, these Bills allow individual members to propose new laws. Although few become law, they highlight important issues and can influence government policy. An example is the Abortion Act 1967.

Legislative Stages: House of Commons and House of Lords

First Reading: The Bill is formally introduced with its title read out. No debate takes place at this stage.

Second Reading: MPs debate the general principles and purpose of the Bill. A vote follows to decide if the Bill should progress.

Committee Stage: The Bill is examined in detail by a committee, and amendments can be made.

Report Stage: Further consideration and amendments are made. The Bill is reviewed to ensure all changes are suitable.

Third Reading: The final version of the Bill is debated and voted on. If approved, it moves to the other House.

House of Lords: The Bill goes through similar stages in the House of Lords. Amendments may be suggested, and the Bill can be sent back to the Commons for agreement.

Role of the Crown: Royal Assent

Once both Houses have agreed on the final version of the Bill, it is sent to the Crown for Royal Assent. This is the formal approval by the monarch, which is necessary for the Bill to become law. Royal Assent is a constitutional formality and is rarely refused.

Advantages of the Legislative Process

• Clarity: The process is transparent, with clearly defined stages and opportunities for debate.
• Democracy: Laws are made by elected representatives, reflecting the will of the people.
• Scrutiny: Bills are examined in detail, allowing for amendments and improvements before becoming law.

Disadvantages of the Legislative Process

• Time-consuming: The process can be lengthy, sometimes delaying important reforms.
• Political Influence: Party politics can affect which Bills progress and the content of legislation.
• Complexity: The stages and procedures can be difficult to understand, especially for those outside Parliament.

Summary Table

Summary: Key Points Recap

• Parliamentary law making is a structured process involving consultation, debate, and approval.
• Green and White Papers set the groundwork for new laws.
• There are three main types of Bill: Public, Private, and Private Members’ Bills.
• The legislative process includes several stages in both Houses, ending with Royal Assent from the Crown.
• While the process ensures clarity and democracy, it can be slow and influenced by party politics.