Understanding The Uk Lawmaking Process: Bills To Laws

In the UK, a bill is a proposal for a new law or a change to an existing law. It can be introduced by the government, individual MPs or Lords, or private individuals or organisations. 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 (law). Once a bill has been debated and then approved by each House of Parliament, and has received Royal Assent, it becomes law and is known as an Act of Parliament.

The role of the House of Commons

The House of Commons is the most powerful of Parliament's two houses. It is the most important place for Members of Parliament (MPs) to discuss policies and make laws. The House of Commons is made up of MPs, who are elected by the public to represent local areas (or constituencies).

A Bill can start in the House of Commons or the House of Lords and must be approved in the same form by both Houses before becoming an Act (law). Most commonly, Bills are introduced in the House of Commons. To start the process of becoming a law, Bills have to be formally introduced in what is known as the first reading. This involves reading the title of the Bill in the House of Commons. It can happen at any time during the Parliamentary Session and does not usually include a debate about the contents of the Bill.

Following the first reading, 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. The debate will be started by the Government minister, spokesperson, or MP responsible for the Bill. The Opposition spokesperson will then respond with their views on the Bill. This will continue the debate, with MPs able to give their views on the new Bill and what they think might be missing. At the end of the debate, the Commons will vote on whether the Bill should proceed to the next stage. If a Bill passes the second reading, it will then go to the Committee stage. This involves a line-by-line examination of the Bill. Most Bills will be dealt with in a Public Bill Committee. The Committee can hear evidence from experts and interest groups from outside Parliament. The chair of the committee will decide what changes (sometimes called amendments) to the Bill will be discussed. Every part (or clause) in the Bill must be agreed to, changed, or removed during this stage. Some parts (clauses) will not be debated.

Once a Bill has completed the committee stage, it goes through the report stage. At this point, the Bill can be debated by the House of Commons, and any further changes can be proposed. If a Bill is particularly complicated or long, this stage of debate could last for several days. All MPs can suggest any amendments or new parts that they think should be added. After the report stage, the House of Commons has the final debate on the Bill. This is known as the third reading and usually happens immediately after the report stage. This debate is usually shorter than the previous debates and is limited to the current content of the Bill. Any amendments (or changes) cannot be made to a Bill in the Commons at this stage. At the end of the debate, the House of Commons (made up of elected MPs) will vote on whether to approve the Bill. If they do, the Bill will then go to the House of Lords to be scrutinised and debated.

The role of the House of Lords

The House of Lords is independent of the House of Commons and plays a crucial role in making laws. The House of Lords has three main functions: making laws, investigating public policy, and holding the government to account.

The House of Lords is the less powerful partner in the Westminster parliamentary system. It cannot remove the government from office and 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 was reduced to a delaying power in the Parliament Act 1911.

The House of Lords follows the same bill stages as the Commons, with a few key differences. The Lords is self-regulating, so there is no limit on the time spent debating. During the committee stage, the bill is usually debated on the floor of the House, and all members can take part. While amendments are tabled, they are rarely voted on at this stage, with votes usually taking place during the report stage.

At the third reading stage, a bill can be amended if the amendments focus on something that has not been voted on previously. This stage is typically used to tidy up the bill rather than make significant changes. Every amendment can be debated, and members tend to only press amendments to a vote if they are very concerned about an issue.

If a bill is amended in the House of Lords, it will be sent back to the House of Commons to consider the changes. This process, known as 'ping pong', continues until both Houses agree on the exact wording of the bill. Once the Commons and Lords agree on the final version, the bill can receive Royal Assent and become law, or an Act of Parliament.

The process of drafting a bill

Idea Generation and Introduction:

The idea for a bill can come from different sources, including government departments, individual Members of Parliament (MPs), Lords, private individuals, or organisations. These proposals are intended to introduce a new law or modify an existing one. Once the idea is generated, it is introduced as a bill in Parliament, marking the first stage of its legislative journey.

Formation of a Bill Team:

If a bill proposal is accepted for inclusion in the legislative programme, the sponsoring government department forms a bill team. This team includes a bill manager, departmental lawyers, and policy officials. They work together to coordinate the bill's preparation and navigation through Parliament.

Policy Instructions and Drafting:

The policy officials within the bill team provide policy instructions to the departmental lawyers, who then instruct the Office of the Parliamentary Counsel on drafting the bill. The Parliamentary Counsel analyses these instructions and engages in a back-and-forth discussion to clarify any questions or concerns before drafting commences.

Drafting and Review:

The drafters, typically comprising at least two counsel, undertake the task of translating the policy instructions into legal language. They ensure that the bill captures the intended changes to the law clearly and effectively. Once the drafters are satisfied, they send the initial drafts to the departmental lawyers for review.

Collaboration and Consultation:

The departmental lawyers discuss the drafts with the relevant policy officials, considering their feedback and suggestions. This collaborative process ensures that the bill aligns with the intended policy objectives. The drafters and the department engage in an iterative process, exchanging drafts and comments until they are satisfied that the bill achieves the desired outcome in the clearest and most effective manner.

Inter-Departmental Input and Devolved Administration Consultation:

In some cases, the bill's provisions may require input from other government departments, especially if they have implications for Wales, Scotland, or Northern Ireland. Additionally, consultation with the devolved administrations in these regions may be necessary. Provisions relating to matters devolved to the Scottish Parliament, the Northern Ireland Assembly, or Senedd Cymru typically require the consent of the respective body.

Finalisation and Approval:

Once the bill team is satisfied with the draft, it is submitted for approval. The Parliamentary Business and Legislation (PBL) Committee reviews the final or near-final draft, along with other relevant documents. If the PBL Committee is satisfied and legal and procedural issues are addressed, it approves the introduction of the bill, 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.

Publication and Pre-Legislative Scrutiny:

At this point, the bill may be published as a Draft Bill for consultation before its formal introduction. This step allows for input from select committees or joint committees comprising members from both Houses of Parliament. The bill may undergo pre-legislative scrutiny, where it is scrutinised, and recommendations for modifications may arise from the public's consultation responses.

The drafting process for a bill in the UK is a meticulous and collaborative effort involving various stakeholders. It is designed to ensure that the resulting bill is well-considered, clear, and effective in achieving its intended policy objectives as it progresses through the legislative process.

The King's Speech

In the 2024 King's Speech, delivered by His Majesty King Charles III, the government set out a range of policies and proposed bills aimed at strengthening the UK's economy, improving public services, and addressing various social issues. Here is a detailed overview of the key proposals mentioned in the 2024 King's Speech:

Economic Stability and Growth

The government emphasised stability as the cornerstone of its economic policy. It promised to introduce a Budget Responsibility Bill to ensure independent assessment of significant tax and spending changes. Additionally, bills will be brought forward to strengthen audit and corporate governance and improve pension investment. The government also intends to establish an Industrial Strategy Council and prioritise wealth creation to address cost-of-living challenges. Planning reform and infrastructure development will be accelerated to boost economic growth and improve living standards across the UK.

Employment and Devolution

The government committed to introducing a new deal for working people, banning exploitative practices and enhancing employment rights. It also recognises the importance of devolution in driving economic growth and plans to introduce an English Devolution Bill to grant new powers to metro mayors and combined authorities, supporting local growth plans.

Transport

The government intends to introduce a Better Buses Bill, giving local leaders control over their bus services. It will also bring forward legislation to improve railways, including reforming rail franchising and establishing Great British Railways.

Climate and Energy

Acknowledging the urgency of the global climate challenge, the government will introduce a bill to set up Great British Energy, a publicly owned clean power company to accelerate investment in renewable energy. It will also introduce a Sustainable Aviation Fuel (Revenue Support Mechanism) Bill and strengthen the powers of the water regulator to improve water quality.

Border Security and Policing

A Border Security, Asylum and Immigration Bill will be introduced to modernise the system and enhance counter-terror powers. The government will also bring forward legislation to strengthen community policing, give police greater powers to deal with anti-social behaviour, and improve support for victims.

Education and Skills

The government plans to introduce a Children's Wellbeing Bill to raise standards in education and promote children's wellbeing. It will also remove VAT exemption for private school fees, funding additional teachers, and establish Skills England to improve partnerships with employers.

Housing

Legislation will be introduced to give greater rights and protections to renters, including ending no-fault evictions and reforming grounds for possession. Leasehold and commonhold reform will also be addressed.

Health

The government aims to improve the NHS by reducing waiting times, focusing on prevention, and improving mental health services. It will modernise the Mental Health Act and introduce a Tobacco and Vapes Bill to raise the age for purchasing cigarettes and regulate the sale and marketing of vapes. It will also restrict junk food advertising to children and the sale of high-caffeine energy drinks.

Trust and Respect

Legislation will be brought forward to introduce a duty of candour for public servants (Hillsborough Law) and establish an independent Armed Forces Commissioner. A Draft Equality (Race and Disability) Bill will be published to enshrine equal pay rights in law.

Northern Ireland and Constitutional Reform

The government will work to support the political institutions in Northern Ireland and begin the process of repealing and replacing the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023. It will also introduce measures for House of Lords reform, removing the right of hereditary peers to sit and vote in the Lords.

International Relations

The UK will continue to support Ukraine and play a leading role in providing a path to NATO membership. It will also seek to reset relationships with European partners and improve trade and security cooperation with the EU. Additionally, the government will work towards securing long-term peace and a two-state solution in the Middle East.

Royal Assent

Once a bill has been passed by both Houses of Parliament, it is presented to the Sovereign, who has the following formal options:

• Grant Royal Assent, making the bill an Act of Parliament.
• Delay the bill's assent through the use of reserve powers, invoking a veto.
• Refuse Royal Assent on the advice of their ministers.

The last bill that was refused assent was the Scottish Militia Bill during Queen Anne's reign in 1708.

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