Wednesday 22 May 2013

How is an Act of Parliament made?


1) Proposal stage
4 main sources: The Government, Advisory Agencies, Pressure groups, MP's

2) Consultation 
GREEN PAPER- discussion document where the proposal is outlined
WHITE PAPER - 'firm proposal' produced by the Minister and forms basis of any Bill to be introduced 

3) Drafting
-proposal to be written into formal language into a BILL--> to make it clear what Parliament is discussing

a) Public Bill- affects public as a whole and could affect everybody e.g. new type of crime 

i) 2 types: Government bills--> when a new government is elected they normally have a number of new policies to introduce

  • government usually has a majority of HofC and can use the 'whip system'
  • underlined once- MP attendance requested
  • underlined twice- necessary attendance 
  • underlined three times- essential (Chief Whip's permission not to attend is required) 
ii) Private members' bill--> sponsored by an individual MP in their individual capacity rather than political party
  • less likely to succeed= support for proposal cannot be guaranteed or due to lack of Parliamentary time
b) Private bills- only intended to affect one particular area or organisation

DRAFTING= bills must be clear + simple (slow process) 


4) Enactment
  • Bill must be introduced into Parliament
  • can start process in either House
  • Personal Bills always start in HofL

STAGES 
  1. First Reading
  2. Second Reading
  3. The Committee Stage
  4. Report Stage
  5. Third Reading
SAME STAGES FOR HofL

5) Royal Assent
no sovereign has refused to sign a Bill since Queen Anne in 1707

  1. Letters Patent- allows the speakers of BOTH houses to announce RA
  2. Commission- document which commands certain Lords to go to HofL and announce to BOTH houses that RA has been given 













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