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How Parliament Makes Law
Terminology
Bill - Before proposals become law, as they go through the stages in Parliament, they are called a Bill
Clause - The individual parts of a Bill are know as clauses.
Act - Once a Bill is passed and becomes law it is know as an Act.
Section - The individual parts of an Act are known as sections.
Pre-Parliament Stage
The Green Paper
This sets out the Government's proposals for changes to the law and invites people and interested groups to make comments on the proposals.
The White Paper
This sets out firm proposals for new law. A draft Bill is sometimes now attached to the White Paper.
The Passage of a Bill Through Parliament
First Reading
This is a formal stage where the title of the proposed Bill is read out.
Second Reading
This is where the main debate on the principles of the Bill takes place.
Committee Stage
This is where the Bill is considered in detail - clause by clause.
Report Stage
This is when all amendments made at the committee stage are reported to the whole House.
Third Reading
This is the final vote on the Bill.
The Other House of Parliament
If the Bill was started in the House of Commons then the above stages are repeated in the House of Lords, and vice versa.
Royal Assent
This is now a formality where the Queen gives consent to the Bill becoming law.
The Bill is now an Act of Parliament and becomes law.
How much power does the House of Lords have to stop a Bill becoming law?
The House of Lords is restricted by the Parliament Acts 1911 & 1949
The Government can reintroduce a Bill which has been voted against by the House of Lords and if passed again by the House of Commons it will become law. For the majority of Bills the Government must wait a year before it reintroduces the Bill, if the Bill is a money Bill then the delay is just one month.
The House of Commons passed the Hunting Act 2004 using the powers under the Parliament Acts 1911 & 1949.
If a Bill is started in the House of Lords and the House of Commons votes against it, it cannot be reintroduced.
Parliamentary Sovereignty
Parliament is the ultimate law making body in our legal system and, unlike in some other countries, no challenge can be made to an Act of Parliament in the courts. Parliament can pass any law it wishes to.
Exceptions to this rule
Where an Act is in conflict with European Law then the law of the European Union will prevail. (Take priority) Factortame Case No. 1 (1988) & No. 2 (1991).
The Human Rights Act 1998
Since the Human Rights Act 1998 came into force in 2000 there must be a written statement that the the Bill is compatible with the European Convention on Human Rights. Where an Act of Parliament is found to be incompatible with the convention the court can make a declaration of incompatibility. This will NOT make the Act invalid, it just draws the Governemnt's attention to the fact that it is incompatible with the Convention on Human Rights. This happened in 2004 when the House of Lords held that the Anti-Terrorism Crime and Security Act 2001 was incompatible with the Covention on Human Rights. The Government then amended the law by passing the Prevention of Terrorism Act 2005.
Advantages of Statute Law over Case Law
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Law can be passed with an eye on future developments in society in the hope of avoiding future problems.
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Any change in the law usually only affects people in the future, i.e. it is not retrospective.
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The law is known in advance and not after the decision of a judge in a case.
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There is the opportunity for consulatation.
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Statutes cannot usually be challenged because of the sovereignty of Parliament. This makes the law certain.
View this topic on the About Parliament website. Click HERE
Search for more on the passage of a bill here
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