Leducate Explains: How are Laws Made?
The UK Parliament is the legislature of the political system; that means its main function is making law. The principle of Parliamentary sovereignty is a key part of the UK constitution, which states that there is no higher authority that can overturn a law made by Parliament. However, this has come into conflict with other law-making bodies including the European Union, as well as the Human Rights Act and devolution in Scotland, Wales and Northern Ireland.
What is a Bill and how does it become a law?
A bill is a proposal for a new law, or a change to a current law, which is about to go through the Parliamentary process. Most laws are proposed in the House of Commons, however this is not always the case and they can originate in the House of Lords. The main stages of the process of scrutiny before a bill becomes an act (and thus a law) - apart from bills to do with money - are as follows:
First Reading
This is the formal presentation of the bill by a minister in the House. There is no debate or vote.
Second Reading
This is the main debate on the bill’s broad principles. Sometimes, if the bill is contested, there will be a vote.
Committee Stage
A public bill committee will scrutinise every clause of the bill and suggest amendments. Membership of public bill committees is determined by the party make-up of the House of Commons. If the bill is to do with money, these bills will be scrutinised in the House itself.
Report Stage
At this stage, any amendments will be considered by the House of Commons. Amendments can be put forward by MPs who are not on the public bill committee.
Third Reading
This is another debate on the bill but there can be no more amendments.
After this stage, the bill goes to the House of Lords, where the same stages take place. Sometimes there is a ‘ping pong’ process where Lords may add amendments, and the Commons reject them, meaning the bill travels back and forth until the Government makes a decision on accepting the changes or dropping the bill. Once agreed, the bill receives what is known as Royal Assent from the monarch, in this case the Queen.
Source: parliment.uk
Is this the same process everywhere in the UK?
No, there are different processes for the devolved regions (Scotland, Wales and Northern Ireland) in their respective legislatures; The Scottish Parliament, Welsh Assembly and Northern Ireland Assembly. MPs in Westminster don’t debate issues that affect devolved matters. In addition, there are other stages for bills that only cover English matters, where only MPs representing English constituencies can vote. This is known as English Votes for English Laws.
The Scottish Parliament at Holyrood, Edinburgh
Can only ministers propose new laws?
No, MPs who aren’t Government ministers, known as backbenchers, can propose bills via one of three routes. However, many of these bills fail early on if they don’t have Government or cross-party support.
Ten Minute Rule Bill
MPs are given 10 minutes to introduce a bill.
Presentation
This doesn’t include a debate and is simply the presentation of the name of a new bill.
Ballot
MPs names will be drawn at random to present their bills on a set number of occasions in the Parliamentary session.
What happens when a minister wants to add to a law?
New bills passed in the manner above are known as primary legislation, however amends and additions can be made through secondary legislation, carried out by ministers through what’s known as statutory instruments.
How does the relationship between Parliament and the Government work?
Parliament is made up of the House of Commons and the House of Lords as well as the monarch. The House of Commons is made up of MPs, voted in by the electorate i.e. you and me, whereas the Lords is made up of peers granted the role by a peerage or having inherited the title. The Government, sometimes known as the Executive, is made up of MPs who have been chosen by the Prime Minister and his team to hold special roles as Ministers in a particular area.
House of Lord, Credit: Sky News
Making law happens through Parliament in the process outlined above. Parliament itself does not take the lead in creating policy, this is the role of the Government. Its effectiveness in the lawmaking process is affected by a number of things:
The size of the Government’s majority i.e. how many MPs are members of the party in power.
The Parliamentary timetable, which is controlled by the Government, is currently squeezed with a number of bills slowly making their way through the process - especially given Covid-19.
Party discipline is usually tight, with Ministers required to support the Government and MPs strongly briefed to agree with the party line, a process known as ‘whipping’ enforced by Government ‘whips’.
House of Commons, Credit: Kings College London
What is the role of the Queen in all this?
The queen announces the legislative agenda of the Government at the start of a new Parliament in her Queen’s Speech. Here she sets out the Government’s priorities for the upcoming session. The queen also has personal powers including the appointment of the Prime Minister and giving royal assent to legislation once it has passed through the parliamentary hurdles outlined above.
This is an example of the royal prerogative, powers exercised by the Queen or by ministers that do not require the approval of Parliament. However, the Queen avoids creating controversy and will normally act as instructed by ministers.
Queen’s Speech December 2019, The Guardian
Written by Frankie Crossley
What do the terms mean?
Green paper - a document setting out the options for legislation and inviting comment
White paper - a document setting out a detailed proposal for legislation
Bill - a draft proposal for a new law or a change to a current law to be debated
Public Bill - a bill concerning a general issue of public policy, introduced by a government minister
Private Bill - a private bill is promoted by organisations like local authorities or companies, usually that directly affect them
Private Member’s Bill - a bill promoted by a backbench MP
Act - a law passed by Parliament
Queen’s Speech - a speech made by the monarch a the beginning of a Parliamentary session that outlines the Government’s legislative programme
Backbencher - an MP without a Government role