House of Commons (United Kingdom)/Addendum: Difference between revisions

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==The legislative process==
==The legislative process for public bills==
<!--
The procedures adopted are varied from time to time by the issue of amendments to Standing Orders
Almost all Bills are Public, that is, they affect the whole country. But a few are
<ref>[http://www.publications.parliament.uk/pa/cm/cmstords.htm ''House of Commons Standing Orders - Public Business'']</ref>
Private and only affect a local area or institution such as a company. These must be
distinguished from Private Members’ Bills which are Public Bills proposed by
backbench MPs. Public Bills originate from a number of different sources. The
majority are proposed by government departments in Whitehall. Surprisingly,
relatively few of these have been set out in a manifesto. Most are devised by
ministers and civil servants without having been put to the electorate for specific
approval. Some proposed legislation originates from the findings of special commissions
or official inquiries, or from reports of the Law Commission, which is a
permanent body set up to review areas of the law which might need change. The
Government decides whether or not to agree to these proposals and put them
before Parliament.
5:5 Once a department has decided that it wishes to ask Parliament to pass legislation
on a certain topic, it will undergo a consultation process with interested parties.
The extent of this process will differ depending on the complexity, importance and
urgency of the matter. It may take many months or a few days. The first stage is
often a consultation document called a Green Paper which sets out in general terms
what the Government is seeking to do and asks for views. Once these are received
and taken account of (or not) the Government will produce a White Paper, which
sets out the proposals decided upon and the reasons for the legislation. These two
stages may be contracted into one.
5:6 These stages are not fixed by formal rules and are subject to change. For example, it
is increasingly common for draft Bills to be drawn up and circulated for consultation
before being formally laid before Parliament, an example being the
Mental Health Bill 2002. Occasionally Bills are scrutinised by Parliamentary
Committees before being formally introduced.
50 | The legislative process
Drafting
5:7 At the point where a department has decided on the provisions it wishes to pass
these are passed to civil servants called Parliamentary Counsel, lawyers who are
experts in drafting techniques. A long or complex Bill may take many months to
draft, with regular meetings between Parliamentary Counsel and the department
responsible for the Bill to ensure that the wording accurately reflects what is
proposed. Once the Bill is drafted it is ready to be presented to Parliament.
5:8 One effect of the need for Bills to be tightly drafted legal documents is that they are
often difficult for non-lawyers to understand. In order to address this problem and
so to increase the accessibility of legislation, a ‘plain English’ summary of the
purpose and content of the Bill is now published alongside the more formal and
legally drafted overview. The Coroners Bill 2006 that proposed changes to the
coroners’ system was the first Bill to include the new plain English section.
The Westminster stage
5:9 In order to be given time in Parliament, a Bill must have been approved by the
Future Business committee. This is a cabinet committee which decides which Bills
will be put before Parliament in the following session. Thus, a department wishing to
pass legislation must normally seek space in the timetable from the committee the
year before it will be ready to be passed. In this way, there is a rolling programme of
proposals and Bills at different stages of preparation. At any one time Parliament
will know what is due to come before it for the current and future session.
5:10 All Bills must be passed by both the House of Commons and the House of Lords.
They can start in either, but most start in the Commons and pass through the
following stages:


-->
===Preparatory stages===
Consultation<br>
The originating government department consults interested parties, sometimes by the publication of a consultative document termed a "Green Paper", followed by a statement of the government's intentions, termed a "White Paper". Select Committees are sometimes consulted.
 
Drafting<br>
The wording of the Bill is agreed in the course of a series of meetings of legislative experts known as Parliamentary Counsel.
 
Pre-legislative scrutiny<br>
An opportunity for textual scrutiny has sometimes been provided by the prior publication of a full draft of a proposed bill<ref>[http://www.parliament.uk/documents/commons/lib/research/briefings/snpc-02822.pdf Richard Kelly: ''Pre-legislative scrutiny'', House of Commons Library, February 2011]</ref>
<ref>[http://www.parliament.uk/documents/commons/lib/research/briefings/snpc-05859.pdf Richard Kelly: ''Pre-legislative scrutiny under the Coalition Government'', House of Commons Library, February 2011]</ref>
 
Timetable approval<br>
A cabinet committee called the "Future Business Committee" agrees to the inclusion of the Bill in the government's legislative timetable for the current or forthcoming session of parliament.
 
===Parliamentary stages===


First reading<br>
First reading<br>
Line 60: Line 24:


Second reading<br>
Second reading<br>
The responsible minister states the purpose of the Bill and there is a debate on its desirability.  
The responsible minister states the purpose of the Bill, and there is a debate on its desirability.  


Committee stage<br>
Committee stage<br>
A committee of 16 Members examines each clause of the Bill and amends it where apprpriate.
A committee of 16 Members examines each clause of the Bill and makes amendments where deemed appropriate. (The  parties are represented in the committee in the same proportion as in the House)
the workability of the detailed clauses. (The  parties are repreented in the committee in the same prportin as in the House)


Report stage<br>
Report stage<br>
The Bill is debated by the House and further amendments are agreed.
The Bill is debated by the full House and further amendments are agreed.


Third reading<br>
Third reading<br>
The  Bill is formally confirmed without change of content.
The  Bill is formally confirmed without change of content.
House of Lords approval<br>
The Bill is either approved by the House of Lords, or is returned to the House of Commons for further consideration.


==Votes of confidence==
==Votes of confidence==

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https://en.citizendium.org/wiki/index.php?title=House_of_Commons_(United_Kingdom)/Addendum&printable=yes
This addendum is a continuation of the article House of Commons (United Kingdom).

The legislative process for public bills

The procedures adopted are varied from time to time by the issue of amendments to Standing Orders [1]

Preparatory stages

Consultation
The originating government department consults interested parties, sometimes by the publication of a consultative document termed a "Green Paper", followed by a statement of the government's intentions, termed a "White Paper". Select Committees are sometimes consulted.

Drafting
The wording of the Bill is agreed in the course of a series of meetings of legislative experts known as Parliamentary Counsel.

Pre-legislative scrutiny
An opportunity for textual scrutiny has sometimes been provided by the prior publication of a full draft of a proposed bill[2] [3]

Timetable approval
A cabinet committee called the "Future Business Committee" agrees to the inclusion of the Bill in the government's legislative timetable for the current or forthcoming session of parliament.

Parliamentary stages

First reading
The Bill is laid before the House and is ordered to be printed. There is no debate.

Second reading
The responsible minister states the purpose of the Bill, and there is a debate on its desirability.

Committee stage
A committee of 16 Members examines each clause of the Bill and makes amendments where deemed appropriate. (The parties are represented in the committee in the same proportion as in the House)

Report stage
The Bill is debated by the full House and further amendments are agreed.

Third reading
The Bill is formally confirmed without change of content.

House of Lords approval
The Bill is either approved by the House of Lords, or is returned to the House of Commons for further consideration.

Votes of confidence

Votes of confidence have in the past taken one of three forms[4]

  • a "confidence" motion", initiated by the Government;
  • a "no confidence motion" initiated by the Opposition; and,
  • a motion of sufficient importance to be deemed a vote of confidence.

However, the Fixed Term Parliaments Act 2011 stipulates that the passage of a no confidence motion is one of the alternative conditions necessary for the calling of a general election (another being a motion for the dissolution of parliament). It also stipulates that a general election must be called unless, within 14 days of the passage of such a motion, the successor government wins a confidence motion[5]. It is not clear whether a defeat on a motion in the third of the above categories would still count as a vote of no confidence (for example, it is not clear whether a defeat on the Government’s budget would be considered as a vote of no confidence). It would be possible, however, for a Government to make it clear, before such a division on such motion, that they considered it to be a matter of confidence - a procedure that past governments have used to make their supporters aware of the importance of particular motions. The loss of a vote of confidence need not result in the resignation of a Prime Minister if he or she is able to gain the confidence of Parliament in a new government under his or her leadership, for example by dissolving a coalition or assembling a new coalition.

  1. ↑ House of Commons Standing Orders - Public Business
  2. ↑ Richard Kelly: Pre-legislative scrutiny, House of Commons Library, February 2011
  3. ↑ Richard Kelly: Pre-legislative scrutiny under the Coalition Government, House of Commons Library, February 2011
  4. ↑ Richard Kelly and Thomas Powell: Confidence Motions, House of Commons Library Standard Note, September 2010
  5. ↑ Fixed-term Parliaments Act 2011, September 2011
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