Gavin Howe
In the UK, most new laws are introduced by the government, with many included in the monarch's speech at the opening of each session of Parliament. However, new laws can also originate from an MP or a Lord. In the US, a bill, or proposal for a new law, can come from a sitting member of the U.S. Senate or House of Representatives. In South Africa, a Bill or draft law can be introduced in Parliament by a Minister, a Deputy Minister, a parliamentary committee, or an individual Member of Parliament (MP).
| Characteristics | Values |
|---|---|
| Who can propose a new law? | A sitting member of the U.S. Senate or House of Representatives, people or citizen groups who petition a member of Congress, an individual MP or Lord, a Minister, a Deputy Minister, a parliamentary committee, or an individual Member of Parliament (MP) |
| Who introduces a bill? | The Government, individual MPs or Lords, private individuals or organisations |
| Who starts the debate on a bill? | A Government minister, spokesperson, or MP responsible for the bill |
| Who can suggest amendments? | All MPs |
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What You'll Learn
Bills are proposed laws
In the UK, new laws are typically introduced by the government, with many included in the monarch's speech at the opening of each session of Parliament. However, new laws can also originate from an MP or a Lord. In the US, a bill can be proposed by a sitting member of the US Senate or House of Representatives, or it can be proposed during their election campaign. Bills can also be petitioned by people or citizen groups who recommend a new or amended law to a member of Congress that represents them.
A bill is a proposal for a new law or a change to an existing law. In the UK, bills are formally introduced in what is known as the first reading, which involves reading the title of the bill in the House of Commons. This can happen at any time during the Parliamentary session and does not usually include a debate about the contents of the bill. Following this, the bill is published for the first time. The next stage is the second reading, which is the first opportunity for MPs to debate the main principles of the bill. During this stage, the Opposition spokesperson will respond with their views on the bill, continuing the debate, and MPs can give their views on the new bill and what they think might be missing. At the end of the debate, the Commons will vote on whether the bill should proceed to the next stage.
In the UK, bills can be introduced in either the House of Commons or the House of Lords. The most common way a bill is introduced is by the Government in the House of Commons. These are often Public Bills as they change how the law applies to the general population. Any bill to change the Human Rights Act would be a Public Bill. There are also Draft Bills, which are issued for consultation before being formally introduced to Parliament, allowing changes to be made before the formal introduction of the bill. Draft Bills may take the form of White Papers, which state definite intentions for government policy, or Green Papers, which usually put forward ideas for future government policy and are open to public discussion and consultation.
In the US, once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The bill is then put before that chamber to be voted on. If the bill passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting. Once both bodies vote to accept a bill, they must work out any differences between the two versions. Then both chambers vote on the same version of the bill. If it passes, they present it to the president. If the president chooses to veto the bill, Congress can vote to override that veto, and the bill becomes a law. However, if the president does not sign off on a bill and it remains unsigned when Congress is no longer in session, the bill will be vetoed by default, known as a pocket veto, which cannot be overridden by Congress.
In South Africa, a bill or draft law can be introduced in Parliament by a Minister, a Deputy Minister, a parliamentary committee, or an individual Member of Parliament (MP). Bills are considered by both Houses of Parliament (National Assembly and National Council of Provinces), published in the Government Gazette for public comment, and referred to the relevant committee. They are then debated in the relevant committees of Parliament and amended if necessary. If the bill passes through both Houses, it goes to the President for assent and becomes an Act of Parliament and a law of the land.
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MPs can introduce bills
In the UK, new laws can originate from an MP or a Lord. A proposal for a new law or a change to an existing law is called a bill, and any Member of Parliament can introduce a bill. The process of a bill becoming a law starts with its formal introduction, known as the first reading, where the title of the bill is read in the House of Commons. This is followed by the second reading, where MPs debate the main principles of the bill. After the second reading, the bill goes through the committee stage, where it is considered line by line by a committee of MPs or in the chamber (known as the Committee of the Whole House). The committee decides on any amendments to the bill and whether each clause should remain.
The next stage is the report stage, where the bill can be further debated by the House of Commons, and any additional changes can be proposed. This is followed by the third reading, the final debate on the bill, which is usually shorter and limited to the current content of the bill. If the bill passes the third reading, it moves on to the House of Lords, where it goes through similar stages of the legislative process, including a committee stage and a final debate. If the bill is passed by both Houses, it becomes law once it receives Royal Assent and is then known as an act.
In South Africa, a bill can be introduced in Parliament by an individual Member of Parliament (MP). However, most bills (about 90%) are initiated by the Executive. A bill must be considered by both Houses of Parliament (the National Assembly and the National Council of Provinces) and published in the Government Gazette for public comment before becoming a law. Once a bill passes through both Houses and is signed by the President, it becomes an Act of Parliament and a law of the land.
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Bills are debated in Parliament
In the UK, new laws can originate from an MP or a Lord, in addition to the government. Before proposals for laws, known as Bills, are introduced into Parliament, there is often consultation or discussion with interested parties such as professional bodies, voluntary organisations, and pressure groups.
Firstly, a Bill is considered by a departmental select committee in the Commons or by a joint committee of Lords and Members of Commons. This process is known as pre-legislative scrutiny. This allows MPs and Members of the Lords to have an early influence on the Bill.
Then, a Bill is formally introduced in what is known as the first reading. This involves reading the title of the Bill in the House of Commons. It can happen at any time during the Parliamentary Session and does not usually include debate about the contents of the Bill. Following this, the Bill will be published for the first time.
The next stage is the second reading, which is the first opportunity for MPs to debate the main principles of the Bill. The debate will be started by the Government minister, spokesperson, or MP responsible for the Bill. The Opposition spokesperson will then respond with their views on the Bill. This will continue the debate, with MPs able to give their views on the new Bill and what they think might be missing. At the end of the debate, the Commons will vote on whether the Bill should proceed to the next stage.
Once a Bill has completed the committee stage, it goes through the report stage. At this point, the Bill can be debated by the House of Commons and any further changes can be proposed. If a Bill is particularly complicated or long, this stage of debate could last for several days. All MPs can suggest any amendments or new parts that they think should be added.
After the report stage, the House of Commons has the final debate on the Bill. This is known as the third reading and usually happens immediately after the report stage. This debate is usually shorter than the previous debates and is limited to the current content of the Bill.
Once a Bill has been debated and then approved by each House of Parliament, and has received Royal Assent, it becomes law and is known as an act.
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Bills become law with Royal Assent
In the UK, new laws can originate from an MP or a Lord. Before proposals for laws, known as Bills, are introduced in Parliament, there is often consultation or discussion with interested parties such as professional bodies, voluntary organisations, and pressure groups.
A Bill is a proposed law introduced into Parliament. Once a Bill has been debated and approved by each House of Parliament, and received Royal Assent, it becomes law and is known as an Act. Royal Assent is the final step required for a parliamentary bill to become law. It is when the monarch formally approves a Bill for it to pass into law. The monarch has the following formal options: grant Royal Assent, delay the bill's assent, or refuse Royal Assent on the advice of their ministers.
Royal Assent is typically associated with an elaborate ceremony. The monarch signs Letters Patent, which announces that an assent has been given, or a document known as a Commission, which commands certain Lords to inform both Houses of Parliament that Royal Assent has been given. Following Royal Assent, the Act of Parliament will usually come into force at midnight on the same date. However, there is a growing trend for Acts of Parliament to come into force at a later date. The Act itself may specify the date when it will commence, or it may pass responsibility to the appropriate minister to fix the date.
In some jurisdictions, Royal Assent is equivalent to promulgation, while in others, it is a separate step. In modern constitutional monarchies, Royal Assent is considered a formality. Even in nations that still permit their monarch to withhold assent to laws, the monarch rarely does so, except in a dire political emergency or on the advice of the government. While the power to veto by withholding Royal Assent was once frequently exercised by European monarchs, such an occurrence has been very rare since the 18th century.
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Bills can be fast-tracked
In the UK, new laws can originate from an MP or a Lord. A proposal for a new law is known as a bill, and any Member of Parliament can introduce a bill. A bill is considered by a departmental select committee in the Commons or by a joint committee of Lords and Members of Commons. This process is known as pre-legislative scrutiny.
In the House of Commons, a Public Bill Committee may be formed to consider the bill in detail. This committee reflects the political composition of the House as a whole. Alternatively, the committee stage may take place in the chamber, in which case it is called the Committee of the Whole House.
Fast-tracking a bill means that it completes all its parliamentary stages in a shortened timescale. In the House of Lords, the fast-tracking of a bill requires the agreement of members. To fast-track the legislative timetable, members of the House of Lords must consent to the temporary suspension of Standing Order 44, which states that no two stages of a bill can be taken on one day.
In the US, bills can also be fast-tracked. For example, the Republicans' new House rules have placed twelve specific bills on a glide path to a vote on the House floor without allowing for hearings or amendments, by limiting debate and waiving all other chamber rules.
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Frequently asked questions
Yes, new laws can originate from an MP or a member of the House of Lords.
A proposal for a new law is known as a Bill. Any member of Parliament can introduce a bill, which is then formally introduced in what is known as the first reading. This involves reading the title of the Bill in the House of Commons. After the first reading, the Bill will be published for the first time. The next stage is the second reading, which is the first opportunity for MPs to debate the main principles of the Bill. After the debate, the Commons will vote on whether the Bill should proceed to the next stage. Once a Bill has been debated and approved by each House of Parliament, and has received Royal Assent, it becomes law and is known as an act.
Before a Bill is introduced in Parliament, there is often consultation or discussion with interested parties such as professional bodies, voluntary organisations, and pressure groups. Bills can also be petitioned by people or citizen groups who recommend a new or amended law to an MP. Once a Bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the Bill.
Yes, some Bills can be fast-tracked through the House of Commons, meaning they receive less consideration and debate. This happened with the Coronavirus Act, which led to concerns about the Bill not being properly considered before becoming a law.
A Draft Bill is considered by a departmental select committee in the Commons or by a joint committee of Lords and Members of the Commons. This process is known as pre-legislative scrutiny and allows MPs and Lords to have early influence on the Bill. A Draft Bill may be examined by select committees, which can take the form of White Papers or Green Papers. White Papers state definite intentions for government policy, while Green Papers put forward ideas for future government policy and are open to public discussion and consultation.
