The UK has a structured legislative method that ensures the way for proper consideration, debate, and the passing of laws before they can come into effect. Legislative procedure outlines the distinct phases that take place in both Houses of Parliament, which involve Members of Parliament (MPs), Lords, and sometimes the public. Everyone must have a basic understanding of how the UK makes laws to understand the larger part democracy, governance, and accountability play in the way the UK political system is structured.
Understanding of the UK Legislative Process
The process of legislation in the UK is a series of steps that we take to introduce, debate, and pass laws in the UK. These laws are known as Acts of Parliament once both houses have passed them and have received royal assent. The legislative procedure passes no law through Parliament without full review and consideration and opportunity to represent very different perspectives.
The legislation is ultimately passed by the UK Parliament, consisting of the House of Commons and the House of Lords, as mandatory steps should be followed through the parliamentary process, as the monarch gives the formal constitutional authority.
The Role of Parliament in Law-Making
Parliament is the ultimate legal authority in the UK. The House of Commons is made up of elected Members of Parliament (MPs) from all over the UK, while the House of Lords is made up of appointed and hereditary experts in various fields of knowledge who give extra scrutiny.
Together, these houses are barriers to prevent hasty legislation that would be unrelated to the needs and rights of society as a whole. The Parliament’s function provides a mechanism through which the political process of making laws is kept so that they can be independently scrutinised and monitored.
Types of Legislation in the UK
In the UK, legislation can take several types. Understanding these types is critical for understanding the legislative process.
- Public Bills: Public bills are the most common type of legislation in the UK and apply to the public as a whole. Public bills are usually presented by the government, but they can also come in the form of legislation from non-Government MPs or lords.
- Private Bills: Private bills are not as common and apply to specific individuals, people or organisations, or localities. Private bills typically apply to local issues and local rights.
- Hybrid Bills: Hybrid bills have some characteristics of public bills and some characteristics of private bills. Hybrid bills are introduced through the government but affect specific individuals or organisations differently from the public.
- Secondary Legislation: Also referred to as delegated or subordinate legislation, Ministers can make detailed rules under the authority of an Act of Parliament to deal with, for example, technical or administrative matters.
How Laws Are Made
In the UK, laws are created through a clear process which starts from an idea and ends with an Act of Parliament. It goes through the stages of discussion, consideration and approval through different stages in each House of Parliament to ensure the law is not rushed through and maintains the ideal of democracy. Below are the subsections highlighting each significant step.
1. Draft the Bill
The Bill drafting process starts with the preparation of a draft, where legal professionals work collaboratively with government ministers or MPs to prepare the Bill. The drafting stage emerges from general efforts to prepare the text of the Bill among government departments and lawyers.
Ministers normally consult relevant organisations, stakeholders or the public directly, and hold consultation events for their government bills if it is likely to be of broader effect to the public, stating that “Ministers usually hold consultation events for their government bills where such bills are likely to be of wider public interest.”
The stage of drafting should involve a very important part of the processes, as far as legislative bills passing is concerned, to ensure that the language is clear and precise so that there would be no further confusion later on.
2. First Reading
At the first reading, the bill is formally introduced in the House, whether the Commons or the Lords. The only part that is read is the title and purpose, without debate or amendments. This stage simply informs members that this bill is present in Parliament and allows for the scheduling of the second reading.
3 Second Reading
At the second reading, members go through the bill and evaluate its overall principles. This is often the first opportunity for public and political scrutiny. After the debate, members can pause to vote on whether it should continue to the next stage. A majority vote is needed for the bill to proceed.
4 Committee Stage
At the committee stage, the bill is examined in detail by a committee, which in the Commons is usually a Public Bill Committee and in the Lords is often the Committee of the Whole House. Members will go clause by clause, suggesting and voting on amendments. Some committees may also hear from expert witnesses at this time.
5. Report Stage
The bill returns to the originating house for the report stage, and at this stage, all the members can relate to any modifications made by the committee. Additional changes can also be made if required. This is a public and transparent process, so the whole House can see the changes and debate them.
6. Third Reading
This is the final stage in the relevant House. Members will debate the final version of the bill and whether they want to agree to the bill rather than reopen debate on previous issues. Members will take another vote, and it will be determined whether the bill has been agreed to move to the other house and undergo the identical sequence of processes.
7. Consideration in the Other House
The second house will go through the same stages that were followed in the first house—first reading, second reading, the committee stage, report stage, and the third reading. Amendments made in the second house will be delivered to the first house to consider whether they want to agree.
8. The Ping-Pong Stage
If the two Houses cannot agree on the amendments made to the Bill, the Bill will be ping-ponged back and forth between the two Houses until both Houses can agree on the amendments, and the wording will be identical. If agreement on amendments cannot be reached, the Bill will fail. This is not very common for a Bill that is backed by a government in the House of Commons.
9. Royal Assent
The bill is sent to the one who has the relevant authority to grant royal assent, which is our monarch. Nowadays, this is just a constitutional formality, and the monarch grants Royal Assent every time. Once the bill has received royal assent, it is now an Act of Parliament.
10. Commencement of the law
Not every act immediately comes into force. Some come into effect on a set date in the future, while others require a commencement order to bring them into force, which can give time for relevant authorities to prepare or implement.