The Parliament of England

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CONTENTS

INTRODUCTION

MAIN PART

CONCLUSION

ANNEX

GLOSSARY

REFERENCE LIST

INTRODUCTION

The Parliament of England as one of the main pillars of a constitutional democracy plays a vital role in governing the country by lawmaking, the process which divides into number of stages. These stages which comprise the first reading, the second reading, the Committee Stage, the Report stage, the third reading, the approval of the House of Lords and the Royal Assent will be main focus of this essay.

The Parliament of England stems from royal council which was established by William the Conqueror in 11th century and had further developed in 13th century with issuance of Magna Carta as a result of struggle for limit of the power of the English monarchy and thus is crucial for separation of powers - an important thrust of the constitutional monarchy. Over the centuries, the Parliament has evolved into the highest source of law in the UK. The concept of Parliamentary Supremacy was introduced by English constitutional theorist Albert Dicey at the end of 19th century. The modern Parliament consists of three elements, the House of Commons, the House of Lords; and the monarch each of which has its own function in lawmaking process. Members of the House of Commons debate the issues of the proposals for new laws while members of the House of Lords are responsible for making laws and investigating political issues.

MAIN PART

The lawmaking process is a complex procedure which starts with pre-parliamentary process by identification of policy which included in a Green paper, a document that puts forward the proposals on which the parties give their opinions and views. The Green Paper is followed by a White paper which consists of the reform plans. Further, a Bill must be given tree readings in both in the House of Lords and the House of Commons. The procedure can be commenced in either House

Stages which a Bill passes in the House of Lords:

1. First reading is the first stage of a bill's passage through the House of Lords - usually a formality, it takes place without debate.First reading of a bill can take place at any time in a parliamentary session. The long title (indicating the content of the bill) is read out by the member of the Lords in charge of the bill. Once formally introduced, the bill is printed.

The next stage is second reading - the first opportunity for members of the Lords to debate the main principles and purpose of the bill.

2. Second reading is the first opportunity for members of the Lords to debate the key principles and main purpose of a bill and to flag up any concerns or specific areas where they think amendments (changes) are needed.

Before a second reading debate takes place, members who would like to speak add their name to a list - the `speakers list'.

The government minister, spokesperson or a member of the Lords responsible for the bill opens the second reading debate. Any member can speak during second reading - this stage can indicate those members particularly interested in a bill, or a specific aspect of it, and those who are most likely to be involved in suggesting changes at later stages. Second reading debates usually last for a few hours but can sometimes stretch over a couple of days.

After second reading the bill goes to committee stage - where detailed line by line examination and discussion of amendments takes place.

3. Committee stage involves detailed line by line examination of the separate parts (clauses and schedules) of a bill. Starting  from the front of the bill, members work through to the end. Any member of the Lords can take part.

Usually starting about two weeks after the second reading debate, committee stage generally lasts for up to eight days, but can go on for longer.

Before committee stage begins, amendments are gathered together and placed in order, then published in the `marshalled list'. Updated lists are produced before the start of each day of committee stage.

During committee stage every clause of the bill has to be agreed to and votes on any amendments can take place. All suggested amendments have to be considered, if a member wishes, and members can discuss an issue for as long as they want. The government cannot restrict the subjects under discussion or impose a time limit. This is a key point of difference with procedure in the House of Commons.

If the bill has been amended it is reprinted with all the agreed amendments. At the end of committee stage, the bill moves to report stage for further scrutiny.

4. Report stage gives all members of the Lords a further opportunity to examine and make amendments (changes) to a bill.

It usually starts 14 days after committee stage has concluded and can be spread over several days (but is generally shorter than committee stage).

Before report stage begins, amendments are gathered together and placed in order, then published in the `marshalled list'. Updated lists are produced before the start of each day of committee stage.

During report stage detailed examination of the bill continues. Any member of the Lords can take part and votes on any amendments may take place.

After report stage, the bill is reprinted to include all the agreed amendments. The bill then moves to third reading, a further chance for the Lords to discuss and amend the bill as it nears conclusion.

If the bill is amended it is reprinted to include all the agreed amendments. The bill moves to third reading - the final chance for the Lords to amend the bill.

5. Third reading in the Lords is the chance for members to `tidy up' a bill, concentrating on making sure the eventual law is effective and workable - without loopholes.

Before third reading, amendments are gathered together and placed in order, then published in the `marshalled list'.

Unlike the House of Commons, amendments can be made at third reading in the House of Lords, provided the issue has not been fully considered and voted on during either committee or report stage.

Amendments at third reading are often used to clarify specific parts of the bill and to allow the government to make good any promises of changes they made at earlier stages of the passage of a bill.

If the bill started in the Lords, it goes to the House of Commons for its first reading. The Commons reprints the bill with the Lords amendments.

If the bill began in the Commons, it is sent back after third reading in the Lords for consideration of Lords amendments, or, if there have been no amendments in the Lords, is sent to the monarch for royal assent.

Stages which a Bill passes in the House of Commons:

1. First reading is the first stage of a Bill's passage through the House of Commons - usually a formality, it takes place without debate. First reading of a Bill can take place at any time in a parliamentary session.

The short title of the Bill read is out and is followed by an order for the Bill to be printed.

The Bill is published as a House of Commons paper for the first time.

The next stage is second reading, the first opportunity for MPs to debate the general principles and themes of the Bill.

2. Second reading is the first opportunity for MPs to debate the main principles of the Bill. It usually takes place no sooner than two weekends after first reading.

The Government minister, spokesperson or MP responsible for the Bill opens the second reading debate. The official Opposition spokesperson responds with their views on the Bill. The debate continues with other Opposition parties and backbench MPs giving their opinions. At the end of the debate, the Commons decides whether the Bill should be given its second reading by voting, meaning it can proceed to the next stage. It is possible for a Bill to have a second reading with no debate - as long as MPs agree to its progress.

Once second reading is complete the Bill proceeds to committee stage - where each clause (part) and any amendments to the Bill may be debated.

3. Committee stage is where detailed examination of the Bill takes place. It usually starts within a couple of weeks of a Bill's second reading, although this is not guaranteed. Government Bills are usually formally timetabled after they have received a second reading. Most Bills are dealt with in a Public Bill Committee.

If the Bill starts in the Commons the committee is able to take evidence from experts and interest groups from outside Parliament. Amendments for discussion are selected by the chairman of the committee and only members of the committee can vote on amendments during committee stage. Amendments proposed by MPs to the Bill will be published daily and reprinted as a marshalled list of amendments for each day the committee discusses the Bill. Every clause in the Bill is agreed to, changed or removed from the Bill, although this may happen (particularly under a programme order) without debate. A minority of Bills are dealt with by a Committee of the Whole House (takes place on the floor of the House of Commons), with every MP able to take part. Bills fast tracked through the House of Commons will receive less consideration.  Consolidated Fund Bills do not have a committee stage at all.

If the Bill has been amended the Bill is reprinted before its next stage.

Once committee stage is finished, the Bill returns to the floor of the House of Commons for its report stage, where the amended Bill can be debated and further amendments proposed.

4. Report stage gives MPs an opportunity, on the floor of the House, to consider further amendments to a Bill which has been examined in committee. There is no set time period between the end of committee stage and the start of the report stage.

All MPs may speak and vote - for lengthy or complex Bills the debates may be spread over several days. All MPs can suggest amendments to the Bill or new clauses they think should be added.

Report stage is usually followed immediately by debate on the Bill's third reading.

5. Third reading is the final chance for the Commons to debate the contents of a Bill. It usually takes place immediately after report stage as the next item of business on the same day.

Debate on the Bill is usually short, and limited to what is actually in the Bill, rather than, as at second reading, what might have been included.

Amendments cannot be made to a Bill at third reading in the Commons. At the end of the debate, the House decides (votes) whether to approve the third reading of the Bill.

If the Bill started in the Commons it goes to the House of Lords for its first reading. If the Bill started in the Lords it returns to the House of Lords for consideration of any amendments the Commons has made.

When a bill has passed through third reading in both Houses it is returned to the first House (where it started) for any amendments made by the second House to be considered.

If the Commons makes amendments to the bill, the Lords must consider them and either agree or disagree to the amendments or make alternative proposals.

If the Lords disagrees with any Commons amendments, or makes alternative proposals, then the bill is sent back to the Commons.

A bill may go back and forth between each House until both Houses reach agreement on the exact wording of the bill - this is known as `ping pong'

When the exact wording has been agreed by the Commons and the Lords, the bill is ready for royal assent. Once a bill receives royal assent it is made an Act of Parliament (the proposals in the bill become law).

In exceptional cases, when the two Houses do not reach agreement, the bill falls. If certain conditions are met, the Commons can use the Parliament Acts to pass the bill, without the consent of the Lords, in the following session.

When a Bill has completed all its parliamentary stages in both Houses, it must have Royal Assent before it can become an Act of Parliament (law). Royal Assent is the Monarch's agreement to make the Bill into an Act and is a formality.

There is no set time period between the consideration of amendments to the Bill and Royal Assent - it can even be a matter of minutes after Ping Pong is complete. legislative bill royal assent

When Royal Assent has been given to a Bill, the announcement is usually made in both Houses - at a suitable break in each House's proceedings - by the Lord Speaker in the Lords and the Speaker in the Commons.

At prorogation (the formal end to a parliamentary year), Black Rod interrupts the proceedings of the Commons and summons MPs to the Lords Chamber to hear the Lords Commissioners announce Royal Assent for each Bill.

The legislation within the Bill may commence immediately, after a set period or only after a commencement order by a Government minister.

A commencement order is designed to bring into force the whole or part of an Act of Parliament at a date later than the date of the Royal Assent.

If there is no commencement order, the Act will come into force from midnight at the start of the day of the Royal Assent.

The practical implementation of an Act is the responsibility of the appropriate government department, not Parliament.

However, there are some exceptions when the two Houses cannot reach agreement, the Bill falls and the Commons use the Parliament Acts to pass the Bill without the consent of Lords. The Parliament Act of 1911 removed the House of Lords' power to veto a Bill. Act also retained the House of Lords power to block any attempt to prolong the lifetime of a Parliament. The Parliament Act of 1911 limited the power of the Lords to delay the Bill more than for two years. The Parliament Act of 1949 reduced the Lords' power to delay to one year, but the Parliament Act 1949 itself was introduced through the use of the Parliament Act of 1911. Though these procedures are used rarely as the House of Lords usually approve the legislature of the House of Commons, four substantive acts have been passed into law without the approval of the House of Lords, for example the controversial Hunting Act 2004, which was introduced to prohibit the hunting of mammals with dogs and was designed to outlaw the fox-hunting. It was passed despite the House of Lords' opposition relying on the Parliament Act 1949. Another three acts passed without the consent of the Lords' are The War Crimes Act 1991, The European Parliamentary Elections Act 1999, The Sexual Offences (Amendment) Act 2000. Since 1949 a `Money Bill' containing only financial provisions can be enacted without the House of Lords consent after the delay of one month. The last stage in the lawmaking process is the Royal Assent - it is required before any Bill becomes a law.

CONCLUSION

To sum up to the information about lawmaking process in Great Britain we can say that having consulted on a proposal, government ministers then aim to persuade colleagues to support the idea. The merits of various policies are debated in cabinet committees, made up of ministers from across government and chaired by a senior member of the cabinet. Even with approval from a cabinet committee, a proposal must still be selected by the committee responsible for drawing up the government's legislative programme. The Legislation Committee makes the final decision as to whether a proposal will be presented to Parliament for scrutiny by MPs and peers.

After a proposal is consulted on and approved by the cabinet, the minister responsible draws up instructions for what should go into the bill. Highly specialised lawyers - called parliamentary counsel - work to translate the principles outlined in the government's proposal into detailed legislation.

All the bills the government intends to introduce in a parliamentary session are announced in the Queen's Speech - the main feature of the near-yearly State Opening that opens each new session of Parliament.

The Houses of Parliament consider proposals, called bills, most of which are introduced by the government. To become law, a bill must be approved by both MPs in the House of Commons and peers in the House of Lords. Bills go through a very similar process in both Houses.

A bill may begin its journey in either the Lords or the Commons chambers. Any bills that relate to taxation begin in the House of Commons.

First reading. The bill's title is simply read out in the chamber. The bill is then made available to all members of Parliament.

Second reading. MPs or peers discuss the main principles of a bill. MPs may vote at the end of this stage, particularly if a bill is controversial. A bill in the House of Lords passes to the next stage without a vote.

Committee stage. A bill is then considered, line by line, by committees of MPs or peers. Changes - called amendments - are proposed and voted on. Commons bill committees normally consist of around 20 MPs. The entire House of Lords often takes part at this stage.

Report stage. The bill, with amendments or changes, is 'reported' to the House. All members can review the amended bill. Those not involved at the previous stage may suggest further changes.

Third reading. MPs debate and vote on the bill in its final form. In the Lords, further amendments may still be introduced.

A bill approved by one chamber is considered by the other. If a bill begins in the House of Commons - and is approved - it is then sent to the House of Lords, where it goes through the same stages. If the Lords were to make changes to the bill, it would return to the Commons for MPs to consider the Lords' amendments. Both the Commons and Lords must agree on the final shape of a bill before it can become law.

The Queen's 'assent' turns a bill into an Act. With approval from the Lords and the Commons, a bill will also receive formal approval by the monarch - called 'Royal Assent'. The Queen always gives her approval on the advice of ministers. A bill then becomes law, and is described as an Act of Parliament.

ANNEX

GLOSSARY

1. First\second\third reading:

- First Reading is the formal introduction of a new bill to Parliament. The short title of the bill is read out, a date for its second reading is set and an order is made for it to be printed

- The second reading is the stage in the passage of a bill when the main principles of the Bill are considered. Debate is often wide ranging. If the Bill passes second reading it moves on to the committee stage

- Third reading is one of the stages that legislation goes through before it becomes law. After the report stage a Bill moves forward to its third reading. This is a final opportunity to vote on the whole of a Bill. After the third reading in the House in which the Bill was first introduced, the Bill moves to first reading in the other House.

2. Committee Stage - Detailed consideration of a Bill. Amendments may be laid.

3. Royal Assent - the Monarch's agreement to make a Bill into an Act of Parliament. The Monarch actually has the right to refuse Royal Assent but nowadays this does not happen and the Royal Assent is a formality.

4. House of Commons - the lower house of the Parliament of the United Kingdom of Great Britain and Northern Ireland.

5. House of Lords - the upper house of the Parliament of the United Kingdom.

6. Green paper - consultation documents produced by the Government. Often when a government department is considering introducing a new law, it will put together a discussion document called a Green Paper. The aim of this document is to allow people both inside and outside Parliament to debate the subject and give the department feedback on its suggestions

7. White paper - documents produced by the Government setting out details of future policy on a particular subject. A White Paper will often be the basis for a Bill to be put before Parliament. The White Paper allows the Government an opportunity to gather feedback before it formally presents the policies as a Bill.

8. Amendments - When MPs or Members of the House of Lords are debating or examining Motions or Bills they often want to change some of the details. They can therefore propose changes or amendments, and debate and vote on them in the House or in Committee

9. Marshalled list - A list of amendments proposed for a Bill which have been arranged in the order in which they will be considered at committee or report stage.

10. Prorogation - When a parliamentary session comes to an end the House is prorogued until the next session begins. Prorogation is the formal end to the Parliamentary year. Following prorogation all Motions, including early day motions and questions which have not been answered, will not progress any further. A Bill which has not obtained royal assent by the end of the session in which it was introduced usually 'dies' and if the government or member sponsoring the bill would like to carry on  with the bill it has to be reintroduced in the next session unless a carry over motion has been passed.

11. Black Rod - The Gentleman Usher of the Black Rod is more usually known simply as Black Rod. Black Rod is responsible for security in the House of Lords. He has a chair in the House of Lords and wears a distinctive black costume. Black Rod's role is similar to that of the Serjeant at Arms in the House of Commons.

REFERENCE LIST

1. AS Law / Andrew Mitchell. - 3rd ed. p.cm. 1.Law-Great Britain-Outlines, syllabi, etc. I.Title. KD661.M49 2008 349.41-dc 22

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