The Uk's Law-Making Process: How Policies Become Statutes

The process of how something becomes law in the UK depends on the type of law being passed. The UK has three distinct legal systems: English law, Scots law, and Northern Irish law, with a fourth type of Welsh law being called for following Welsh devolution. The UK is a constitutional monarchy, with the Head of State being the monarch, whose duties, functions, and powers are conscribed by convention. One such convention is that the monarch is politically neutral. The UK Parliament's main role is to debate and pass laws. A bill is a proposal for a new law or a proposal to change an existing law, which is presented for debate before Parliament. For a bill to become a law, it must be debated and agreed upon by the two Houses of Parliament: the House of Commons and the House of Lords.

The role of the House of Commons

The House of Commons is the lower house of the UK Parliament, with the House of Lords being the upper house. The House of Commons is directly elected by the people and the Prime Minister is traditionally a member of this House. The House of Commons is made up of Members of Parliament, known as MPs, who are elected by the public to represent local areas (or constituencies).

The House of Commons plays a crucial role in making laws. A Bill must be debated and agreed upon by both the House of Commons and the House of Lords before becoming a law (or an Act). 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.

For a Bill to become a law, it must first be formally introduced in what is known as the first reading. This involves reading the title of the Bill in the House of Commons and can happen at any time during the Parliamentary Session. 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. After the second reading, the Bill will then go to the Committee stage, which involves a line-by-line examination of the Bill. Once a Bill has completed the committee stage, it goes through the report stage, where the Bill can be debated by the House of Commons and any further changes can be proposed. After the report stage, the House of Commons has a final debate on the Bill, known as the third reading.

If the House of Commons approves a Bill, it will then go to the House of Lords to be scrutinised and debated. If there are no amendments to the Bill in the Lords, it will be sent to the monarch for Royal Assent. If there are amendments, the Bill will be sent back to the House of Commons to consider the changes made by the House of Lords. This process is known as 'ping pong', where the Bill goes back and forth between the two houses until both agree on the final version. Once the Commons and Lords agree on the final version of the Bill, it can receive Royal Assent and become law.

The role of the House of Lords

The House of Lords is the upper house of the Parliament of the United Kingdom and has three main roles: in-depth consideration of public policy, holding the government to account, and making laws.

The House of Lords is independent from the House of Commons and complements its work. Members of the House of Lords spend a lot of their time—more than half, according to one source—considering draft government bills before they become law. The House of Lords investigates public policy and holds the government to account through the work of parliamentary select committees. These committees are small groups appointed to consider specific policy areas and they produce reports that can directly or indirectly influence the formulation of government policy.

The House of Lords is the less powerful partner in the Westminster parliamentary system. Unlike the House of Commons, it cannot remove the government from office and it can only delay, rather than veto, most bills. The House of Lords once had the power to veto bills passed by the House of Commons, but this power was reduced by the Parliament Act 1911.

The House of Lords' primary function is as a 'revising' chamber, asking the House of Commons to reconsider its plans. It is equipped to perform this role due to the wide range of expertise and experience of its members, and its independence of thought—a large proportion of its members have no political affiliation.

The House of Lords includes two different types of members: the Lords Spiritual (the senior bishops of the Church of England) and the Lords Temporal (members of the Peerage). Its members are not elected by the population at large.

The role of the monarch

The United Kingdom is a constitutional monarchy. The monarch, who is the head of state, has duties, functions, and powers that are outlined by convention. One such convention is that the monarch remains politically neutral.

The monarch, alongside the House of Commons and the House of Lords, is part of the UK Parliament, which passes legislation to establish laws. The House of Commons is directly elected by the people, and the Prime Minister is traditionally a member of this House.

Each year, the reigning monarch opens a new parliamentary session by reading a speech, known as the "King's Speech", which outlines the government's policies and proposed bills for the upcoming session. This does not mean that these bills will become law. For a bill to become a law, or an Act, it must go through several stages.

A bill is a proposal for a new law or a proposal to change an existing law. It can be introduced by the government, individual MPs or Lords, or private individuals or organisations. It is most commonly introduced by the government in the House of Commons.

For a bill to become a law, it must be debated and agreed upon by both the House of Commons and the House of Lords. Once both houses have agreed on the content, the bill is sent to the monarch for approval, known as Royal Assent. This is a formality, as the monarch does not refuse to make bills into laws.

If there are no amendments to the bill, it is sent to the monarch for Royal Assent. If there are amendments, the bill is sent back to the House of Commons for consideration of the changes made by the House of Lords. This process, known as "ping pong", may occur several times until both houses agree on the final version of the bill.

Once the Commons and Lords agree on the final version, the bill receives Royal Assent and becomes law, or an Act of Parliament.

How a bill becomes an Act

In the UK, a bill is a proposal for a new law or a proposal to change an existing law. It can be introduced by the Government, individual MPs or Lords, or private individuals or organisations. The most common way a bill is introduced is by the Government in the House of Commons.

For a bill to become a law, or an Act, it must be debated and agreed upon by the two Houses of Parliament: the House of Commons and the House of Lords. The House of Commons is made up of Members of Parliament (MPs) who are elected by the public to represent local areas (or constituencies). The House of Lords is independent from the House of Commons. Those who sit in the House of Lords are sometimes called peers (or Lords) and may be former MPs or representatives of political parties, but there are also peers who do not represent a specific political party.

A bill can start in either the House of Commons or the House of Lords and must be approved in the same form by both Houses before becoming an Act. Once a bill has been approved by both Houses, it returns to the House in which it started for the changes suggested by the other House to be considered. For a bill to become law, both Houses must agree on the exact wording of the bill. This process is sometimes known as 'ping pong' as the bill may go back and forth numerous times between each House until an agreement is reached.

Once the Commons and Lords agree on the final version of the bill, it can receive Royal Assent and become law, otherwise known as an Act of Parliament. Royal Assent is the monarch's agreement to make the bill into an Act and is a formality. The monarch does not refuse to make bills into law. After Royal Assent, implementing the law becomes the responsibility of the Government. The law may start immediately or after a certain date.

The UK's multiple legal systems

The United Kingdom has three distinct legal systems, each with its own laws, court system, lawyers, and judges. These are the English and Welsh law, Scots law, and Northern Irish law.

While each jurisdiction has its own laws and courts, there is also significant overlap between the three legal systems. Laws that apply in one jurisdiction, particularly those derived from legislation (Acts of Parliament and Statutory Instruments), may apply equally or very similarly in other jurisdictions. For example, a company in Edinburgh, Scotland, and a company in Belfast, Northern Ireland, are free to contract using English law.

The final appeal for all three jurisdictions goes to the UK Supreme Court, which has jurisdiction over the entire United Kingdom. The Supreme Court came into being in October 2009, replacing the Appellate Committee of the House of Lords.

Since 2007, there have been calls for a fourth type of law, purely Welsh law, as a result of Welsh devolution. Wales is not generally considered a fourth jurisdiction as the judiciary and courts follow English and Welsh law, made by the Parliament at Westminster. However, Welsh law is recognised as separate in operation, and there have been multiple calls for a Welsh criminal justice system.

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