The Legislative Process

HOW LAWS ARE MADE

Learning Objectives

 To explore how laws are made in the United Kingdom.

 To examine how this process impacts on what is and what isn’t illegal.

 To demonstrate that all laws are inherently political and that morals have very little to do
with this process.
Three Starting Points

There are three ways in which the process to create a law can be started;

1. Government makes good on a manifesto promise.

2. A campaign group raises enough public awareness of an issue.
3. A crisis causes an immediate issue to be apparent.

Regardless of how it is started it always follows the same process.

Queen’s Speech

 When Parliament is opened the incoming Government will announce it’s legislative aims
via the Queen’s Speech.

 This provides a clear indication of which manifesto pledges will be turned into law during
that Parliament.

 It is rare for a law to be created that hasn’t been included in the Speech but it can happen
via the other two start points.
Manifesto

 The most common starting point for a law to be made in the UK.

 Political parties campaign for election based on their manifesto’s which contain their
ideas for a range of areas.

 The public reads these and votes for the party whose policies they most agree with.

 If a party wins a majority at the election they then become government and embark on
implementing their policies.
Campaign Group
Crisis

 A political, military or humanitarian crisis can lead to new laws being needed.

 This is the only time in which the following process will be significantly speeded up -
Prevention of Terrorism (temporary provisions) Act 1974

 Some of these are moral panic based e.g. Knife crime

The Next Step

Green Paper White Paper

 Consists of loose ideas around an issue.  More concrete ideas about what the
Government wants to do about and issue.

 Put forward by either an MP or a party.

 Put forward by a Minister or Committee.

 Process often stops here.

 Almost all white papers become law.
Committee Debates

 Once an issue has been identified and you have got an MP to support it you have to get
the relevant committee to debate it.

 This committee may produce a white paper, do nothing or produce a draft bill.

 Committee’s decide which issues will be bought to the attention of Ministers and thus are
a key gatekeeper.
Legislative Committee

 If the sub-committee decides to support the issue it will create either a white paper or a
draft bill.

 This will then be sent to the Legislative Committee where ministers will decide if it
should proceed.

 If this committee agrees that is should proceed it will become an official draft bill.
All is fair in love and war

 Sub-committees are made up of MPs and the Legislative Committee made up of

ministers.

 This makes them susceptible to political manoeuvring and the use of power. Knowledge is
the key to getting through this stage.

 Many MPs have second jobs, which often pay more than their MP wage, so that they
represent the view of lobby groups on these committees.
Cabinet creates a ‘bill’

 If the issue gets through all of these stages then a draft ‘Bill’ is drawn up.

 This is the first time that the issue will start to look like a piece of legislation and this will
contain the key elements of what the Government wants to achieve.

 The law as passed will probably look nothing like the draft Bill!
Break PLEASE TAKE 10 MINUTES
First Reading

 The Bill is taken to either House at Parliament and the title of the Bill is read out.

 The only time this does not happen in either House is if it is to do with taxation.

 The draft Bill is then made available for MPs and Peers to read and for amendments to be
suggested.
Second Reading

 This is the first debate stage of the process, with both Government and Opposition
considering the pro’s and con’s of the proposed law.

 Any amendments proposed at first reading will also be debated and new amendments can
be proposed.

 A vote can be taken on turning the Bill into Law at this stage but this isn’t usually the case
unless it is controversial.
The Role of Whips

 Each political party has a number of long serving, back bench MPs who are called Whips.

 Their role is to ensure that MPs vote according to the Party line during legislative debates.

 Sometimes this will be suspended and MPs will be given what is known as a ‘free’ vote.

 The methods Whips use are interesting…

Committee Stage

 After the Second Reading the Bill and any amendments will be sent to a government
Select Committee.

 This Committee will decide if the Bill is still worth pursuing or if it should be withdrawn.

 Should the Committee decide it is worth pursuing it is committing the Government to this
course of action.
Report Stage

 Committing to that course of action can have serious political consequences for the
Government especially if the Bill fails to become law.

 The Select Committee may ask for a series of Reports to be produced looking at the
impact the proposed law would have.

 The Select Committee may also take evidence from advisors at this stage, drawn from
academia and other relevant bodies.
Third Reading

 This is the crucial stage for any Bill as it is where it will get the backing it needs to
become law.

 The amended bill is read in one of the Houses and a debate and a vote takes place as to
whether it should pass.

 No MP or Peer can leave during this process and the vote must take place within an
allotted time period which leads to filibustering.
Two Houses, One Parliament

 Should the Bill make it through the Third Reading it will be sent to the other House for
the process to be repeated.

 Traditionally the HoC has superiority over the HoL meaning it is unlikely the HoL will
reject a Bill.

 However the HoL can send the Bill back to the HoC as unsuitable/ in need of amendment.
Royal Assent

 The final stage in the process is the Monarch signing the Bill.

 Once this happens the Bill becomes an Act of Parliament and is a law of the United
Kingdom.

 However, the Monarch retains the Royal Prerogative to refuse their assent to a Bill and
this would stop it becoming law – 1708 Scottish Militia Bill
Any Questions?