Legislative process

Fergus ReidClerk of Private Members’ Bills

Session aim

To give you the knowledge you need to understand the legislative process as it relates to Government and certain Private Members’ legislation and the role of Civil Servants in a ‘Bill Team’ (from our perspective)

What do you already know?

What do you know about:- the law?- Parliament’s role?- The role of the courts?- Government Bills?- Private Members’ Bills?

- …and what do you want to know?

‘Types’ of Government Bills

Three characteristics:

• Major Bill from manifesto pledge &

Queen’s Speech

• ‘Problem-solving’ Bill

• Technical Bill

‘Types’ of Private Members’ Bills

Two characteristics:

• Member’s Bill

• Not necessarily aimed at becoming law

• Some ambition to make it onto the statute book

• Hand-out Bill

‘Types’ of Private Members’ Bills

Three routes into proceedings:

• Ballot

• Presentation

• Ten Minute Rule

Government vs PMBs: programming

• S.O. No. 14(1)

• Save as provided in this order, government business

shall have precedence at every sitting.

• S.O. 83A(6)

• A programme motion may provide for the allocation of

time for any proceedings on a bill.

Parts of a Bill• Short Title

• Long Title

• Authority

• Clauses

• What are you banning?

• What are you requiring?

• What sanctions are you imposing?

• (if you have to) what are you declaring…?

• Repeals, extent, commencement, citation…?

• Schedules

‘Baubles’ on a Bill

• Explanatory Notes

• Human Rights Act compliance

• Impact assessment

• Environment

• Regulatory

• Cost/benefit

• Family Test

Stages of a bill• Green paper

• White paper

• Election manifesto

• Queen’s Speech

• Draft Bill

• Pre-legislative scrutiny

• Presentation (First Reading)

• Second Reading (& Reasoned Amendment)

• Committee stage• PSC

• Oral evidence

• Line-by-line plus amendments

• Knife time

• Consideration or Report (if amended in committee)

• Third Reading

… to the Lords

• Lords Amendments, “ping-pong”

• Royal Assent

• Implementation

• Orders and regulations (statutory instruments)

• Post-legislative scrutiny• … further amending legislation

In & around committee…• Bill team members sit to the Chair’s right (3-4)

• Maintain decorum

• Wait for Chair’s say-so to take jacket off (and be wearing one,

gents, and a tie)

• Laptops OK (don’t thump the keys)

• Don’t talk or pass notes directly to the Minister, that’s what the PPS

is for

• Copy Ministerial letters to the committee clerk, they are basically

‘evidence’ for the committee

• Advice on selection and selection always welcome – via

Parliamentary Counsel – Chair’s view is final

• Remain flexible – Chair may change grouping

• Be patient on days when amendment deadlines fall due

Questions?