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LO: To show an understanding of how
an Act of Parliament is created.
Making an Act of Parliament – PreLegislative Process
• Once the Gov has identified a need to
change the law due to lobbying from
individuals/groups etc, it will draw up a
Green Paper which is a consultation
document which sets out its proposals
for reform.
• Interested parties can read the green
paper and can give their opinions on the
proposals to the relevant Gov Dept.
Making an Act of Parliament – PreLegislative Process 2
• Once the Gov has considered the comments
about the Green Paper, a white paper will be
published which are the Gov’s firm proposals
for reform.
• Consultation period is essential otherwise the
Gov may push through legislation that is not
ready which has come to light due to an
incident e.g. The Dangerous Dogs Act 1991
which has this week be subject to a proposal
for a new bill due to its lack of ability to meet
needs of society.
Task C
1. What is the difference between a
Green Paper and a White Paper?
Different ways of introducing an Act
of Parliament
• A bill (proposal for new law) needs to go
through certain stages before it
become an Act of Parliament.
• There are different ways of introducing
a bill. These are:
– Private Members’ Bill
– Public Bills
– Private Bills
– Hybrid Bills
Public Bill
• This is the main way of making a
statute.
• Introduced to Parliament by
Government Ministers
• Aim: To change the law of the whole
country as affects the PUBLIC at large.
• Written by special lawyers employed by
the Government called Parliamentary
Counsel, who specialise in drafting
legislation.
Private Members’ Bills
• Prepared by an individual backbench MP
(someone who is not in the government).
• Members of HL can also introduce PMB
• MP’s who want to put forward a PMB have to
enter a ballot to win the right to do so, AND
then persuade the government to allow enough
parliamentary time for the Bill to go through.
Private Members Bills Cont.
The Ballot
• 20 MP’s will be selected to present the bill that
they are sponsoring to Parliament in a debating
session usually on Friday’s. Time is limited so
normally the first 6-7 MP’s only get chance to put
forward proposal.
• Few PMB become law this way but some due e.g.
Abortion Act 1967
10 Minute Rule
• Backbenchers can also introduce a Bill through the
10 minute rule: Any MP can make a speech of up to
10 mins to introduce a proposed Bill. Any MP can do
this. Opportunity to raise the profile of a proposal
& see what support it gets.
• Few become law unless no opposition: Bail
(Amendment) Act 1993
BBC NEWS | Politics | Ten Minute Rule Bill
Private Bills
• Usually proposed by a Local Authority,
PLC or a Large Public Company
• Normally only affect that sponsor only
as it is PRIVATE to them.
• E.g. Local Authority may want to build a
highway
Hybrid Bills
• Cross between Public Bills and Private
Bills.
• Only affect a particular person,
organisation or place.
• Introduced by the government.
• Eg of Hybrid billl is the Crossrail Act
2008 – Allows the construction of
underground rail links in London as will
only affect people in London area.
Match the Definitions
Keyword
Definition
1. Bill
A bill introduced by an MP who is not part of the
government (A backbencher)
2. Private Members Bill
A bill which will only affect a small number of people in
society .
3. Ballot
This bill, if enacted, will only affect a particular person,
organisation or place and is introduced by the government.
4. Ten Minute Rule
A proposed new law introduced by the government which
will need to pass various stages before it becomes an Act of
Parliament.
5. Public Bill
This is a process by where MP’s have a set time limit to
make a speech in support of their proposed bill.
6. Private Bill
This is where 20 backbench MP’s are selected to present a
bill to parliament during a limited time (usually on a
Friday).
7. Hybrid Bill
A bill which will affect the whole country or large sections
of it and is introduced by a PLC or Local Authority.
LO: To go through the stages of
Legislation making in a Mock
Parliament.
Task A: Put these stages in order by
preparing a diagram
The Parliament Acts 1911 and 1949
• Previously legislation could not be passed
without agreement of both Houses which
meant the HL could block legislation after it
had gone through many stages.
• The Parliament Acts 1911 and 1949 allows a
Bill to become law even if HL rejects it,
provided the Bill is introduced in HC in next
session and passes the stages again there.
• What's the point? – HL not an elected body
and their function is to refine the proposed
law.
The Parliament Acts 1911 and 1949
• Reduced power of House of Lords, enabling
bills to be passed without HL approval.
• TPA’1911: If HL reject a bill, when it is
reintroduced into HC in the next
parliamentary session and passes all stages in
HC it will become law.
• TPA’1949: Reduced time that HL can delay a
bill from 2 years to 1 year.
The Parliament Acts 1911 and 1949
• These acts have only been relied on 4 times:
–
–
–
–
War Crimes Act 1991
European Parliamentary Elections Act 1999
Sexual Offences (Amendment) Act 2000
Hunting Act 2004.
The Parliament Acts 1911 and 1949
• The Hunting Act 2004 was legally challenged
in the courts where it was argued that the
1949 Act was invalid because it increased the
House of Common’s powers without HL
approval.
• Held: TPA’49 placed limits on power of
unelected HL it did not increase power of HC.
Royal Assent Act 1961
• Monarch does not have the text of the bill
but only a short title when signing.
• The last time a monarch refused to sign a bill
was 1707.
• Queen Anne refused to sign the Scottish
Militia Bill.
Task B
1. What is the effect of the Parliaments
Act 1911 and 1949?
2. What is the idea behind reducing the
HL power?
3. If the HL rejects a Bill, what can the
HC do to ensure the bill is passed?
When will the Act come into force?
• After Royal Assent Act will come into
effect on midnight of that day, unless
another date set
• Many are not implemented immediately
• Usually will be implemented by
particular Minister by issuing a
Commencement Order.
• E.g. Human Rights Act 1998 didn’t come
into force until 1st October 2000
Mock Parliament
Yesterday we had the 1st reading for 3 Bills:
1) Right to die
2) Free Travel for all students
3) Alcohol for under 16s
We need to get ready for the 2nd reading, so these bills need to be written
up in detail.
Use the example to draft a bill in your groups.