You are a Citizen of Great Britain and
you have a great idea that you think should become law. But where do you go and
what do you do to see that it becomes law?
You first need to create a petition - In order to
get your proposal noticed by parliament you need to get like minded individuals
to give their signature as a sign of approval.
As a citizen of Great Britain you will
have constituency in which you reside. Each constituency has a Member of
Parliament (or MP) to represent the individual voters within the area. Only
MP's can present petitions to the House of Commons. Generally if there is
evidence of enough support for the petition from constituents then the MP will
raise this petition in the House of Commons.
However, the MP is only obliged,
not obligated to do so.
But if your petition has enough names on it your MP
will be inclined to act - MPs are very keen to keep favour with their voters -
job security is very important...
Your MP, with your petition will now
raise the petition formally or informally in the House of Commons.
If you live in Scotland it this is where
it can get confusing because of devolved government. The Scottish government
deals with the following issues: Health,
Education, Justice, Agriculture, Housing, etc, which are all Devolved powers.
Westminster deal with
reserved matters (matters for the entirety of Great Britain): Benefits and
social security, immigration, defence, foreign policy, employment, data protection,
etc. They also deal with all their own matters - the same as the devolved
powers of Scotland. For the sake of this post the law you want to make is
falls into the Reserved powers of
Westminster.
Back to your MP in the House of Commons:
They can raise the petition informally, at
any time while sitting in the House of Commons by signing the top of the
petition and placing it in the large green bag hooked to the back of the Speaker's Chair. The Speaker is the
chief of the House of Commons and the Highest Authority within.
This green bag
is almost like a black hole for petitions. It is a place where they go die. If
your MP disagrees with what is on the petition, it will probably go in here.
To raise it formally is better. The MP must present the petition at the correct
time - immediately before the half-hour adjournment debate (normally
discussions about local issues) at the end of each day's business. When presenting the petition they must
give a brief statement setting out who the petition is from, the number of
signatures contained and the concerns of the petitioner before reading out the
request. This request is called a "prayer".
Once accepted, the petition gets sent to
the appropriate government body such as the department of transport. The government department finding merit
in your idea will create a draft bill. This can often take the form of a white paper. It allows the government
to gather feedback formally before making it a fully fledged Bill starting in
the House of Commons.
There are three categories of Bills: Public, Private and Hybrid.
Public Bills are concerned with the
general law. Private Bills are when a private individual or organisation is in
excess of, or in conflict with the general law.
A hybrid Bill affects the
general public but also specific individuals or groups.
This Bill is a Public Bill effecting the
general UK population.
Now begins the Bill's First Reading in the House of Commons. This
can take place at any time in a parliamentary session. The title of the Bill is
read out followed by an order for the Bill to be printed. The Bill is then
printed on House of Commons paper.
The Bill then progresses to the Second Reading where the Government
minister, spokesperson or MP responsible for the Bill opens the debate. The Opposition
spokesperson gives their views on the Bill followed by the other Opposition parties and backbench MP's with their opinions.
MP's then decided on the whether the
Bill should progress by voting. If there was no opposition then it can progress
without a vote.
The Bill then moves to the Committee Stage. In the Committee Stage detailed examination of the Bill takes
place by a Public Bill Committee. The Committee would be named after the main
subject of the Bill. Evidence from experts surrounding the topic and nature of
the Bill as well as interests groups
will be gathered allowing for the educated discussion of each of the Bill's
separate clauses. Any amendments to the Bill are proposed and agreed. This
amended Bill is then sent back to the House of Commons for the Report Stage.
Back in the House of Commons, MPs will
now have the opportunity to suggest more amendments and additions to the Bill.
After potentially several days of discussion the Bill is then immediately
followed by the Third Reading.
This is now the final opportunity for
debate within the House of Commons. There is a short debate on only what is
included in the Bill. Amendments cannot be made at this point. MP's then vote
on whether to approve the third reading of the Bill. Once accepted, the Bill
now makes its way to the House of Lords for the same sort of journey.
What, you thought that was it?
The House of Lords is similar in many
ways to the House of Commons, except all the Lords wear silly wigs and have an
obsession with the colour red.
In the House of Lords the formality of
the First Reading takes place so
that it can be printed.
Before the second reading takes place,
members of the House of Lords must add their name to the Speakers List indicating their interest in the Bill. Within the Second reading general discussion
normally happens for a number of hours, or sometimes a couple of days before
moving onto the next Committee Stage.
This
normally takes place in the Lords chamber (dubbed on the floor) or in Grand
Committee (dubbed off the floor). Just before this stage has begun the
amendments to the bill are gathered, placed in order, and then published in the
marshalled list. During this
committee stage every clause of the bill must be agreed on and any amendments
that are in the marshalled list can be voted on.Issues can be discussed for as long as
members choose to discuss them - Unlike in the House of Commons the government
cannot restrict this discussion by imposing a time limit. At conclusion, the bill is printed again
and 14 days later the bill undergoes even more scrutiny in the Report Stage.
This is yet another
chance for the Lords to examine and amend the bill. Once again a marshalled
list is produced and discussions begin. The Lords can vote again on changes.
The amended bill is printed again in preparation for the Third Reading.
This might be the last chance for the Lords to make any amendments. The marshalled
list is produced. Changes can be made at this point but only if there wasn't a
vote on the amendment in the House of Lords Committee and Report stage.
One of two things will now happen. If
there were no amendments made by the Lords, then it moves immediately for Royal Assent. If there have been
changes then it would go back to the House of Commons for consideration of Lords' Amendments.
This is where Ping Pong can sometimes begin. The Lords amendments must be
accepted by the House of Commons. The House of Commons might disagree on some
of the wording and so will make an amendment and return it to the House of
Lords consideration. The Lords must then either agree or suggest further
amendments. As you can imagine, this can take some time.
But if the House of Commons accept the
changes, then the Bill progresses to Royal Assent.
Now that the bill has passed all stages
of the House of Commons and the House of Lords it needs to now pass Royal Assent. Royal Assent is the
Monarch's agreement to make the Bill an Act (or law).
The Queen can of course refuse to do so.
Royal Assent is now more like a tradition. If the queen did block a Bill
becoming an Act there would likely be both Public and Parliamentary outrage.
The last monarch to block a Bill (to arm Scottish Militia) was Queen Anne in
1707 when she refused fearing that the Scots would be disloyal.
After Royal Assent the bill becomes an
act and that act is law and must be obeyed by the area in which it refers too.
And that is
how you make a new law.
Finally all road signs are at least 5
square meters and nobody has an excuse for missing the "no parking"
signs...
If you read this far, congratulations! Have a hypothetical cookie for your hard work!
Until next time, it's SciPhiBye!
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