The Legislative Process: How Acts Become Laws

how an act becomes a law

The process of how an act becomes a law is a complex one, and it differs slightly depending on the country and the type of bill. In the UK, a bill is a proposal for a new law or a change to an existing law that is presented for debate before Parliament. Any member of Parliament can introduce a bill, and it can start in either the House of Commons or the House of Lords. For a bill to become a law, it must be approved in the same form by both Houses and receive Royal Assent. This is when the Queen formally agrees to make the bill into an Act of Parliament. The time it takes for a bill to become a law depends on its length, how controversial it is, and whether it needs to be passed quickly.

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Drafting and introducing the bill

Drafting and introducing a bill is a complex process that involves multiple stakeholders and stages. Here is a detailed overview of the process:

Drafting the Bill:

The bill drafting process begins with the relevant government department, which creates a bill team responsible for coordinating the bill's preparation and passage through Parliament. This team includes a bill manager, departmental lawyers, and policy officials. The policy officials provide instructions to the lawyers, who then instruct the Office of Parliamentary Counsel to draft the bill. The drafters analyse the instructions and engage in a back-and-forth process of drafting and reviewing until a clear and mutually agreed-upon version is achieved. This process ensures that the bill accurately reflects the intended policy changes.

Pre-Introduction Stage:

Before a bill can be introduced, it must undergo a thorough review process. The Parliamentary Business and Legislation (PBL) Committee examines the final or near-final draft of the bill, along with supporting documents such as Explanatory Notes. The committee assesses whether the bill is ready and if all legal and procedural requirements have been met. If the PBL Committee provides approval, the bill can proceed towards introduction, subject to any necessary minor changes. The committee also decides whether the bill should start in the House of Commons or the House of Lords.

Publishing and Scrutiny:

In some cases, bills are published in draft form before introduction, allowing for pre-legislative scrutiny. During this stage, a Parliamentary committee examines the bill, takes evidence, and makes recommendations to the government. This process may lead to modifications in the bill based on input from the committee and public consultation responses. Publishing a bill in draft form requires approval from the PBL Committee as well.

Introducing the Bill:

Once the bill has passed through the drafting and pre-introduction stages, it is ready to be introduced into Parliament. Any Member of Parliament can introduce a bill, but some bills represent agreed-upon government policy and are introduced by ministers. Bills can start in either the House of Commons or the House of Lords, depending on the decision made by the PBL Committee. Certain types of bills, such as those imposing taxation, must start in the Commons.

The introduction of a bill marks the beginning of its legislative journey through Parliament, where it will undergo various stages of debate, amendment, and approval before potentially becoming a law.

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Committee review and hearings

Once a bill has been introduced to Parliament, it must go through several stages before becoming a law. One of the critical steps in this process is the committee review and hearings stage, which involves a detailed examination of the bill and provides an opportunity for public input.

The committee stage can be held in different ways, depending on the House. In the House of Commons, a Public Bill Committee, which reflects the political composition of the entire House, may be formed to review the bill. This committee can accept oral and written evidence on the bill and is tasked with deciding on the retention or removal of each clause. Amendments to the bill may also be considered during this stage, with the goal of improving the bill or adding new provisions. In the House of Lords, any peer can participate in the committee stage, which can be held in the chamber or a committee room in the Palace of Westminster.

The committee review process is an important part of lawmaking as it allows for a more detailed examination of the bill than is possible during the initial debate stage. It provides an opportunity for experts and interested parties to provide input and evidence, helping to shape the final version of the bill. This stage is also crucial for addressing any complex or technical aspects of the bill, ensuring that the final legislation is clear, effective, and free from loopholes.

While the committee stage is typically a formal process, it can also involve negotiations and compromise. Committee members may propose and debate amendments, and the government may need to make concessions to ensure the bill's progress. This back-and-forth negotiation is an essential aspect of the legislative process, ensuring that a diverse range of perspectives are considered and that the final law has broad support.

The committee review and hearings stage is a critical step in the journey of a bill becoming a law. It provides an opportunity for detailed scrutiny, public input, and negotiation, helping to shape the final legislation that will impact the lives of citizens. This stage reflects the democratic nature of lawmaking, where transparency, participation, and representation are valued.

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Voting by the full chamber

The process of how a bill becomes a law is known as the passage of a bill. A bill is a proposal for a new law or a proposal to change an existing law, presented for debate before Parliament. A bill can start in either the House of Commons or the House of Lords, and it must be approved in the same form by both Houses before becoming an Act (law).

Once a bill has been introduced into Parliament, it will go through several stages in each House before becoming law. The first stage is a formal stage where the title of the bill is read out, with no debate on the bill. This is followed by a second stage, which is a debate on the main principles of the bill, held in the chamber. A government minister will open and close the debate, with the opposition responding, and other members are free to discuss it. After this, the House will vote on the bill, and if the vote is passed, the bill moves on to the next stage.

The third stage is a line-by-line consideration of the bill's details. This can be carried out by a specially convened committee of MPs (a Public Bill Committee) or in the chamber itself (called Committee of the Whole House). The committee will consider each clause of the bill and any proposed amendments. Amendments can change existing provisions or add new material, but they must be sufficiently close to the bill's original subject matter.

The fourth stage, known as the report stage, takes place in the chamber, and only amendments are discussed. Amendments can change existing provisions or add new ones. This is followed by the fifth stage, known as the third reading, which is another general discussion of the bill. No amendments are possible at this stage in the House of Commons, but in the House of Lords, tidying up amendments can be proposed.

After a bill has passed through these stages in one House, it must then go through the same stages in the other House. Both Houses must agree on the text of a bill before it can become an Act. If amendments are made in the second House, the bill returns to the first House for consideration of those amendments. This back-and-forth process is often called "ping pong". The time taken to go through all these stages depends on the bill's length, how controversial it is, and whether it needs to be passed quickly. An emergency bill may be passed in a matter of days, while a larger bill may take a year or more.

The Bill's Journey: A Law is Born

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Referral to the other chamber

Once a bill has been approved by one chamber of the UK Parliament, it must then be approved by the other chamber. This is because, for a bill to become a law, it must be approved in the same form by both the House of Commons and the House of Lords. If the bill started in the House of Commons, it will then be referred to the House of Lords, and vice versa.

In the second chamber, the bill will go through several stages, including a first reading, second reading, committee stage, report stage, and third reading. During these stages, the bill will be debated, amended, and voted on by the members of the chamber. The specific procedures and rules for each stage may vary between the House of Commons and the House of Lords.

If the second chamber approves the bill without making any amendments, it can then proceed to the next stage, which is usually Royal Assent. However, if the second chamber makes amendments to the bill, it will need to be sent back to the first chamber for consideration of those amendments. This process of the bill moving back and forth between the chambers until both chambers agree on the text is often referred to as "ping pong".

The time taken for a bill to go through all the stages in the second chamber can vary depending on the length and complexity of the bill, as well as the level of controversy or support it generates. In some cases, a bill may go through the stages in the second chamber relatively quickly, while in other cases, it may take longer, with more extensive debates and amendments.

It is important to note that the process of a bill becoming a law in the UK Parliament can be complex and may involve multiple iterations and revisions. The referral to the other chamber is a crucial step to ensure that both chambers have the opportunity to debate, amend, and approve the proposed legislation.

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Presidential approval or veto

Once a bill has been debated and approved by each House of Parliament, it must receive Royal Assent to become law. This is when the monarch formally agrees to make the bill into an Act of Parliament. There is no set time period between the conclusion of the consideration of amendments and Royal Assent. When Royal Assent is given, an announcement is made in both Houses – by the Lord Speaker in the Lords and the Speaker in the Commons.

At prorogation, the formal end to a parliamentary session, Black Rod interrupts the proceedings of the Commons and summons MPs to the Lords chamber to hear the Lords commissioners announce Royal Assent for the bills passed towards the end of the session that had not received Royal Assent earlier in the year.

The legislation within the bill may come into effect immediately, after a set period, or only after a commencement order by a government minister. A commencement order is designed to bring into force the whole or part of an Act of Parliament at a date later than the date of the Royal Assent. If there is no commencement order, the Act will come into force from midnight at the start of the day of the Royal Assent.

The practical implementation of an Act is the responsibility of the appropriate government department, not Parliament.

Frequently asked questions

A bill is a proposal for a new law or a proposal to change an existing law, presented for debate before Parliament.

A bill can start in the Commons or the Lords.

A bill must be approved in the same form by both Houses of Parliament before becoming an Act (law).

Royal Assent is when the Queen formally agrees to make the bill into an Act of Parliament (law).

The legislation within the bill may come into effect immediately, after a set period, or only after a commencement order by a government minister.

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