Anaya Nolan
The UK has a well-defined process for drafting laws, with the Office of the Parliamentary Counsel providing guidance to ensure that bills are easy to understand and that the language used is clear and gender-neutral. The consultation process for draft bills involves the government issuing papers for public discussion and response, with Green Papers putting forward ideas for future policy and White Papers stating more definite intentions. Draft Statutory Instruments are also available on the Legislation.gov.uk website.
| Characteristics | Values |
|---|---|
| Consultation process on draft bills | The government issues a paper for public discussion and response, such as White and Green Papers. |
| White Papers | State more definite intentions for government policy. |
| Green Papers | Put forward ideas for future government policy that are open to public discussion and consultation. |
| Drafting guidance | Produced by the Drafting Techniques Group of the Office of the Parliamentary Counsel to help members draft bills that are easy for readers to understand. |
| Gender neutrality | Avoid sex-specific language, such as using "chair" instead of "chairman". |
| Tone | Legislation should speak firmly but not shout. |
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What You'll Learn
Draft bills
In the United Kingdom, draft bills are issued for consultation before being formally introduced to Parliament. A Draft Bill is published to enable consultation and pre-legislative scrutiny. The consultation process on Draft Bills may involve the government issuing a paper for public discussion and response. The best-known examples of this are White and Green Papers. White Papers generally state more definite intentions for government policy, while Green Papers usually put forward ideas for future government policy that are open to public discussion and consultation.
After consultation and pre-legislative scrutiny have taken place, the Draft Bill may be introduced formally in the House of Commons or the House of Lords. Most Draft Bills are examined either by select committees in the House of Commons or the House of Lords, or by a joint committee of both Houses of Parliament. For instance, on 2 May 2023, the Government published the following: The House of Commons Home Affairs Committee announced its pre-legislative scrutiny of the draft Terrorism (Protection of Premises) Bill on 25 May 2023. The Home Affairs Committee published its final report on 27 July 2023.
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Consultation process
In the UK, the consultation process is an important aspect of law-making and policy development. It involves inviting people to share their views and opinions on a particular issue, which helps inform and guide decision-making. This process is carried out by government departments and other public bodies, including local authorities and NHS bodies. While some legal requirements for consultations differ between England, Northern Ireland, Scotland, and Wales, the overall principle of consultation remains consistent.
The consultation process can be initiated by issuing a paper for public discussion and response, known as a Green Paper or a White Paper. Green Papers propose ideas for future government policy and are open to public discussion and consultation. White Papers, on the other hand, indicate more definite intentions for government policy. These papers are not the only methods of consultation, and other forms may be utilised depending on the specific context and requirements.
During a consultation, public bodies must adhere to public law principles and ensure their internal processes are clear and robust. They are often subject to statutory or common law duties, requiring them to consult with people who may be affected by their decisions. This helps build trust, enables interested parties to engage with the decision-making process, and ensures that public bodies fully understand the potential impacts of their decisions. Proper consultation is essential, as a failure to do so may result in legal challenges through judicial review.
There are specific circumstances where local planning authorities are required to consult with specified bodies before making decisions on planning applications. These statutory consultees are outlined in the Town and Country Planning Act 1990 and the Development Management Procedure Order. Additionally, local planning authorities may identify non-statutory consultees who have an interest in a proposed development, even if they are not designated in law. Early and timely engagement between developers, statutory consultees, and local authorities is emphasised to address issues and opportunities early in the process.
The UK government is also exploring digital consultation and electronic engagement methods, utilising virtual reality and augmented reality tools for data-driven decision-making and transparency. However, public bodies must remain mindful of equalities issues and the risks of digital exclusion to ensure that all affected parties have the opportunity to participate in the consultation process.
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White and Green Papers
In the UK, White Papers and Green Papers are consultation papers produced by the government during the law-making process. They are published during the consultation process, and the public can respond to them. Although there are no formal definitions, Green Papers usually put forward ideas for future government policy that are open to public discussion and consultation. They refer to suggested reforms in the law. Groups and organisations that will be affected by the changes often look at Green Papers and provide their feedback.
White Papers, on the other hand, generally state more definite intentions for government policy. They outline the government's final proposals for a new piece of legislation and are based on the feedback received during the consultation process. White Papers often include draft legislation, which is open to further consultation before being introduced to Parliament. Once a White Paper is published, the actual process of drafting legislation begins.
Both Green and White Papers are common when it comes to implementing government policy. However, they are not required to be produced before a Bill is introduced into Parliament.
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Legislative drafting
The UK does have legislative drafting, which is the process of creating new laws or amending existing ones. Drafting techniques vary from country to country, and in the UK, the process is overseen by the Drafting Techniques Group of the Office of the Parliamentary Counsel.
The drafting process in the UK involves the creation of Draft Bills, which are scrutinised by a select committee. The consultation process may involve the government issuing a paper for public discussion and response, with Green Papers and White Papers being the best-known examples. Green Papers put forward ideas for future government policy that are open to public discussion and consultation, while White Papers state more definite intentions for government policy.
Legislative drafters must consider the readability of the text, as a law may have a single unmistakable meaning, but it may only be arrived at after a tedious effort to understand it. A complex proposition may be best expressed in a single sentence, rather than a series of short sentences in successive subsections. It is important to avoid creating an artificial structure, such as Chapters and Parts, unless necessary.
Additionally, legislative drafters should be precise and avoid "sloppy writing", as this can lead to misunderstanding and creative misinterpretation. Using the active voice, writing with verbs instead of nouns, and keeping the subject, verb, and direct object close together can promote clarity.
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Draft Statutory Instruments
In the United Kingdom, a statutory instrument (SI) is the principal form in which delegated legislation is made. Statutory instruments are governed by the Statutory Instruments Act 1946. They are the most common form of secondary legislation.
The process of drafting a bill for Parliament involves making it as easy as possible for readers to understand. For example, a Bill should not draw more attention to its structure and mechanics than necessary. It should be written in a moderate, level tone, speaking firmly but not shouting.
Additionally, drafters should avoid using sex-specific nouns where possible. For instance, the word "chairman" can be replaced with "chair", or a different word can be used, such as "president".
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Frequently asked questions
A Draft Bill is a proposal for a new law that is open to discussion and consultation with the public.
The Office of the Parliamentary Counsel provides guidance on how to draft Bills for members of Parliament. The drafting process involves making the Bill as clear and easy to understand as possible for readers.
Yes, Draft Bills that have been scrutinized by a select committee can be accessed on the UK Parliament website.
