Understanding Scottish Lawmaking: A Guide To The Process

A bill is a proposed law that is examined by the Scottish Parliament to decide if it should become law. There are several types of bills, including public, private, and hybrid bills, which are introduced by members of the Scottish Parliament (MSPs) or a member of the Scottish Government. The process of turning a bill into an Act involves several stages, including committee consideration, parliament consideration, and external review by the Supreme Court of the United Kingdom or the monarch. Once passed by the Parliament, a bill receives Royal Assent and becomes an Act of the Scottish Parliament, officially making it a part of Scots Law.

How a bill is proposed

A bill is a proposed law that is examined by the Scottish Parliament. Members of the Scottish Parliament (MSPs) discuss them and decide if they should become law. The public usually gets the chance to share their views. There are different types of bills, including public, private, and hybrid bills. Public bills are the most common type and can be further classified into government bills, committee bills, and members' bills.

A Government Bill is introduced by a Scottish Government minister. The Scottish Government presents the Bill to the Scottish Parliament, along with additional information in the form of a Financial Memorandum, Explanatory Notes, a Policy Memorandum, and a statement on legislative competence. If the bill includes any "delegated powers", a Delegated Powers Memorandum is also required.

A Members' Bill is introduced by an MSP who is not a Scottish Government minister. Before a Members' Bill can be introduced, the MSP must first lodge a "proposal" on the Parliament's website, which is a short description of the Bill. The MSP usually consults on the proposal by publishing a longer explanation of their reasoning and encouraging feedback from the public. The MSP then needs to secure the support of at least 18 other MSPs from different political parties. At this point, the Scottish Government can choose to stop the proposal by promising to make a similar change to the law. If the proposal is supported by enough MSPs and is not blocked by the Scottish Government, the MSP gains the right to introduce a Members' Bill.

The role of Members of the Scottish Parliament (MSPs)

Members of the Scottish Parliament (MSPs) play a crucial role in the legislative process. They are responsible for examining and deciding on the fate of bills, which are proposed laws. MSPs discuss and debate bills to determine if they should become law, and they have the power to propose and vote on amendments to the bills.

There are different types of MSPs when it comes to introducing bills. A Government Bill is introduced by a Scottish Government minister, while a Member's Bill is introduced by an MSP who is not a Scottish Government minister. Public bills, which are the most common type, are introduced by an MSP and deal with the general laws of Scotland. They are further classified into government bills, committee bills, and members' bills, depending on who proposed them.

To introduce a Member's Bill, an MSP must first lodge a proposal, which is a short description of the bill, on the Parliament's website. They also typically consult on the proposal by publishing a longer explanation and encouraging feedback from the public. The MSP then needs to secure the support of at least 18 other MSPs from different political parties. The Scottish Government has the opportunity to stop the proposal at this stage, but only by promising to make a similar change to the law. If the proposal is not blocked and has enough support, the MSP can introduce the Member's Bill.

During the legislative process, MSPs can propose amendments to the bills at Stage 2 and Stage 3. Any MSP can suggest amendments, which are then debated and voted on by a committee. If amendments are agreed upon, a new amended version of the bill is published and considered at Stage 3. At this final stage, all MSPs can vote on further amendments, and there is a debate and vote on whether to pass the bill. If the bill is not passed, it cannot become law.

The different types of bills

The process for a bill to become a law in the Scottish Parliament involves several stages. However, before a bill is introduced, it is prepared with supporting documents, including statements on legislative competence, cost estimates, objective explanations of the bill's provisions, and reports from consultations relating to the bill.

Public Bills

Public bills are introduced by a Member of the Scottish Parliament (MSP) and deal with the general laws of Scotland. They are the most common type of bill. Public bills are further divided into categories based on the MSP who proposed them:

• Government Bills (or executive bills): Proposed by a member of the Scottish Government.
• Committee Bills: Proposed by the convener of one of the committees of the Scottish Parliament.
• Members' Bills: Proposed by any MSP who is not a member of the Scottish Government.

Private Bills

Private bills (or personal bills) apply only to the bill's promoter, such as a specific person, corporation, or unincorporated entity. For example, the National Trust for Scotland was created by an Act of Parliament in 1935, and amendments to its constitution required the National Trust for Scotland (Governance etc.) Act 2013. Certain private bills are classified as works bills, which grant the statutory power to construct or alter works like bridges or roads, or to compulsorily purchase or use land or buildings.

Hybrid Bills

Introduced in 2009, hybrid bills combine the characteristics of public and private bills. They are intended for use when the contents relate to general law or public policy but may negatively affect specific persons or bodies. Hybrid bills are always introduced by a member of the Scottish Government. Like private bills, any person with a suitable interest can object and have their objections considered by a parliamentary committee.

The process of a bill becoming an act

A bill is a proposed law that is examined by the Scottish Parliament. Members of the Scottish Parliament (MSPs) discuss and debate the bill to decide if it should become law. The public usually gets the opportunity to share their views.

There are different types of bills, including Government Bills and Members' Bills. A Government Bill is introduced by a Scottish Government minister, while a Members' Bill is introduced by an MSP who is not a Scottish Government minister.

For a Members' Bill, an MSP must first lodge a proposal, which is published on the Parliament's website. The MSP must also consult on the proposal by publishing a longer explanation and encouraging feedback from the public. The MSP then needs to get at least 18 other MSPs from different political parties to support the proposal. At this point, the Scottish Government can choose to stop the proposal by promising to change the law in a similar way. If the proposal is supported by enough MSPs and is not stopped by the Scottish Government, the MSP has the right to introduce the Members' Bill.

Once a bill is introduced, it follows a three-stage process:

Stage 1 (General Principles): The bill is given to a lead committee, which examines the bill and hears from experts, organisations, and members of the public about its potential impact. The lead committee writes a report with its recommendations and presents it to Parliament for consideration. Parliament then debates the bill and decides whether it should move to Stage 2 or be rejected.

Stage 2 (Amendments): MSPs can propose changes to the bill, known as amendments. Any MSP can suggest amendments, and they are debated and voted on by the committee. If any amendments are agreed upon, a new, amended version of the bill is published and considered at Stage 3.

Stage 3 (Amendments, Debate, and Final Vote): MSPs can propose further amendments to the bill, which are debated and decided on in the Debating Chamber. All MSPs can vote on these amendments. There is then a final debate and vote on whether to pass the bill. If the bill is not passed, it cannot become law.

If the bill is passed by Parliament, it is typically sent for Royal Assent after about four weeks. Royal Assent is the formal agreement by the King, after which the bill becomes an Act of the Scottish Parliament and a part of Scots Law. Some Acts become law immediately after receiving Royal Assent, while others become law at a later date, and sometimes different parts of the same Act become law on different dates.

The role of Royal Assent

In the context of the Scottish Parliament, Royal Assent is governed by sections 28, 32, 33, and 35 of the Scotland Act 1998. Once a bill has been passed by the Parliament, it is submitted to the monarch for Royal Assent by the Presiding Officer. This submission occurs after a four-week waiting period, during which relevant officials can refer the bill to the Supreme Court of the United Kingdom for a review of its legality.

The actual process of granting Royal Assent is a ceremonial affair. It can be done either in person by the monarch or through letters patent, a written declaration of the monarch's agreement. While the monarch has the formal options to grant or delay Royal Assent, or refuse it on the advice of ministers, withholding Royal Assent is extremely rare in modern times. The last time Royal Assent was refused for a bill passed by Parliament was in 1708 during Queen Anne's reign.

The significance of Royal Assent lies in its historical evolution and the constitutional role it plays. Originally, legislative power was exercised by the sovereign, often in consultation with a royal council. Over time, the role of Parliament strengthened, and the monarch's power to withhold Royal Assent diminished. Today, the granting of Royal Assent is seen as a certification that a bill has fulfilled all parliamentary procedures and is now part of Scots Law.

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