LAW REFORM
How does a Bill become a law? I
The Bill – which will invariably have been amended from the first draft – is then reprinted before the next stage.
Bills are draft laws, and they start either in the House of Commons or in the House of Lords. As you will see, it can be a lengthy process for a draft law to be debated, the wording amended, and for the Bill to become the new law.
4. Report Stage It then returns to the floor of the House of Commons for its Report Stage where the amended Bill could be debated and further amendments proposed.
For a Bill which starts in the House of Commons there are several stages, which are mirrored at a later stage in the House of Lords. Unless it is a piece of emergency legislation, then it is often introduced simultaneously in both the House of Lords and in the House of Commons.
There is no set time period between the end of Committee Stage and the start of the Report Stage
1. First Reading There is the First Reading – where the Bill is published as a House of Commons paper for the first time.
5. Third Reading The Report Stage is usually followed immediately by a debate on the Bill’s Third Reading. This is usually short. Amendments cannot be made to a Bill at the Third Reading in the House of Commons.
am often asked “how does a Bill become a law?”, so I have prepared this short note to explain the process.
2. Second Reading Then there is a Second Reading at which the Government minister, spokesperson or MP responsible for the Bill opens the Second Reading debate. The official Opposition spokesperson will have the opportunity to respond. There is then a continued debate at which Opposition parties and the backbench MP’s – those who sit in the back benches of the House of Commons, and who do not hold a government office – provide their opinions. At the end of the debate, there is a vote in the House of Commons when it is decided whether the Bill should be given its Second Reading so that it can proceed to the next stage. 3. Committee Stage If the Bill proceeds to the Committee Stage – this is where it gets really interesting and each part of the draft legislation (each clause) is considered – proposals are put forward to amend (to change) the Bill. The proposed amendments are published each day.
All MPs are allowed to speak and vote, and debate often takes place over several days for more complicated Bills.
Following the debate, the House of Commons then votes on whether to approve the Third Reading of the Bill. 6. House of Lords If approved, then the Bill is then sent to the House of Lords, who carry out the same steps: First Reading, Second Reading, Committee Stage, Report Stage and the Third Reading. 7. Consideration of amendments It is then sent back to the House of Commons to consider amendments from the House of Lords. If there have been no amendments in the Lords, then the Bill is sent to the Queen for Royal Assent. 8. Royal Assent After a Bill has completed all of the Parliamentary stages in both houses it must then have Royal Assent before it becomes an Act of Parliament, by which I mean a law. The new legislation can commence on a specific date in the future – usually set by a government minister. If there is no listed commencement order then the Act will come into force from midnight at the start of the day of the Royal Assent. ■ CENTRAL LONDON LAWYER | 31
