Parliamentary Bills: Becoming Law

A bill is a proposal for a new law or a change to an existing law. The process of a bill becoming a law is known as the legislative process. This process varies slightly depending on the country and the type of bill. In Canada, for example, a bill must be approved in identical form by both houses of Parliament – the Senate and the House of Commons – before receiving Royal Assent and becoming a law. In the UK, a bill can start in the Commons or the Lords and must be approved in the same form by both Houses before becoming an Act (law). In the US, a bill must pass through the House of Representatives and the Senate before receiving final approval from the President.

A bill is drafted

A bill is a proposal for a new law or a proposal to change an existing law. Ideas for new laws can come from anyone, including members of Parliament, members of the public, parliamentary committees, the public service, and ministerial advisors.

If a bill is brought by a government minister, it is known as a government bill. If a bill is brought by a member other than a minister, it is known as a private member's bill. In the UK, any Member of Parliament can introduce a bill. In Canada, bills can be introduced by a parliamentarian, which is a senator or a member of Parliament. In the US, a bill is first sponsored by a representative.

The Office of the Chief Parliamentary Counsel drafts the wording for all bills. A bill is first examined by a standing committee of the House of Representatives, composed of members from all parties. The parliamentary groups in the House comment on the bill in writing. The bill is then debated in the Plenary Hall of the House of Representatives. The parliamentary groups in the House discuss the bill with the minister(s). Amendments put forward by MPs are also discussed.

The bill is introduced

In the UK, the introduction of a bill is a purely formal stage where the title of the bill is read out, and there is no debate on the bill. In Canada, the introduction of any public bill requires 48 hours' written notice. The day after it appears on the Notice Paper, the title of the bill will appear in the Order Paper, and it is ready for introduction in the House. 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.

In the UK, the government decides whether a bill starts in the House of Commons or the House of Lords, based on the need to ensure each House has a balanced programme of legislation to consider each session. Certain bills must start in the Commons, such as a bill whose main aim is the imposition of taxation. Bills of major constitutional importance also conventionally start in the Commons.

In Canada, there is a constitutional requirement that bills involving the spending of public funds or relating to taxation be introduced in the House of Commons first. Bills proposing the expenditure of public funds must be accompanied by a royal recommendation, which can only be obtained from the government and presented by a minister. A private member may introduce a public bill containing provisions requiring the expenditure of public funds, provided that a royal recommendation is obtained by a minister before the third reading vote and the passage of the bill.

The bill goes to committee

Once a bill has been introduced and debated in the House of Commons, it is then sent to a committee. This committee is made up of a smaller group of parliamentarians who study the bill in detail and may suggest changes. The committee stage is an important part of the legislative process, as it allows for a closer examination of the bill and gives interested individuals and organisations the opportunity to comment on it. During this stage, the committee may invite government officials and experts to answer questions and hold hearings.

In the UK, this committee is known as a Public Bill Committee and it reflects the political composition of the House of Commons as a whole. The committee decides whether each clause of the bill should remain and considers any amendments proposed by the government or other members. These amendments may involve changes to existing provisions or the addition of new material. However, there are limits to what can be added, as the amendments must be sufficiently close to the subject matter of the bill.

In the US, the bill is first assigned to a committee for study, which is composed of members from all parties with detailed knowledge of the area the bill concerns. The committee then prepares the bill by discussing it with the relevant minister(s) and considering any amendments put forward by members of parliament.

After the committee has completed its review, the bill is then returned to the House of Commons for a final debate and vote, based on the committee's report. If the bill passes this vote, it is then sent to the other chamber, the Senate, where it goes through the same process.

Voting by the full chamber on the bill

Once a bill has been drafted, it is introduced in the Senate or the House of Commons by a parliamentarian. The bill is then debated and voted on by the chamber. If the bill passes the vote, it is sent to a committee, which studies it in depth and may suggest changes. The committee can also invite government officials and experts to answer questions. The bill is then returned to the chamber for a final debate and vote, based on the committee's report. If the bill passes this final vote, it is sent to the other chamber, where it goes through the same process.

The process of voting on the bill in the full chamber typically involves several stages, known as readings. The first reading is a formal stage where the title of the bill is read out, and there is no debate on the bill. This is followed by the second reading, where parliamentarians debate the main principles of the bill and examine its strengths and weaknesses. After the second reading, the bill is made public, and members are given time to read it, consult with their community, and consider their response. The third reading involves a debate on the final form of the bill, and parliamentarians vote to decide if it should be sent to the other chamber.

During the voting process, parliamentarians can propose amendments to the bill, which are also voted on. Amendments may involve changes to existing provisions of the bill or the addition of new material. However, there are limits to what can be added, as amendments must be sufficiently close to the subject matter of the bill. If a bill is rejected or if a decision is not made before a session of Parliament ends, the bill does not proceed further.

The bill goes to the president/monarch

Once a bill has been passed by both houses of Parliament, it is sent to the president or monarch for their review and approval. This process is known as granting Royal Assent, and it is a crucial step in the legislative process. Here is a detailed overview of this stage:

The Role of the President/Monarch

The president or monarch plays a vital role in the passage of a bill into law. Once a bill has successfully navigated through both chambers of the legislative body, it is presented to the president or monarch for their consideration. This step is often seen as a symbolic gesture, as the president or monarch typically approves the bill without making any significant changes. However, their approval is essential for the bill to become an official law of the land.

Royal Assent

The granting of Royal Assent by the monarch signifies their approval of the bill and is the final step in the legislative process. In some countries, such as Canada, the monarch is represented by a Governor General who grants Royal Assent on their behalf. This step is a ceremonial tradition that confirms the bill's transformation into law. The Royal Assent may be granted by a simple nod of the head during a traditional ceremony or by the signing of the bill. Once Royal Assent is given, the bill officially becomes a law and is known as an Act.

Presidential Approval

In countries with a presidential system, such as the United States, the president has the power to approve or veto a bill passed by Congress. The president typically has a limited amount of time, such as 10 days, to review the bill and make a decision. If the president signs the bill, it becomes law. However, if they veto the bill, it is sent back to Congress, which can then attempt to override the veto with a supermajority vote.

Publication and Commencement

After receiving Royal Assent or presidential approval, the new law must be published. This is typically done in an official government publication or gazette. The publication of the law ensures that the public is informed about the new legislation. The commencement of the law may occur immediately after Royal Assent or presidential approval, or it may be set for a later date specified in the law or determined by the executive branch.

Review and Amendment

Once a law comes into force, it is important to monitor its implementation and effectiveness. After a certain period, such as three to five years, the responsible government department should review how the law has worked in practice. This review may lead to a post-legislative inquiry to evaluate the impact and effectiveness of the law, potentially leading to further amendments or adjustments.

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