Parliament:Types of legislation and deliberation procedures

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In general, Parliament is a meeting convoked by the Monarch. The original aim of such convocation is to get the assent of representatives for extraordinary taxation. However, some kings tried to rule without Parliament, for example, the Stuarts. As a result, two revolutions of the seventeenth century broke out and the king was made to summon Parliament by force. Since that time some basic principles of Parliamentary convocation and period of tenure were established. They are the following:

1. The Parliament must be held frequently, according to the Bill of Rights 1688/89, and meets at least once every three years. Practically it meets annually.

2. The maximum of tenure of Parliament is 5 years after it was summoned.

3. Parliament can be dissolved before the expiry of it’s maximum tenure by the Monarch on the advice of the prime-minister. Usually the general elections are held when the prime-ministerial political party is popular among the people, he can time the elections to this moment. This is one of the main sources of prime-ministerial power. In a case of an emergency the Monarch can personally dissolve Parliament, exercising one of his prerogatives.

The term «Parliament» must be distinguished from a «session of Parliament». The last is a working period within a Parliament, usually about one year in length. Each session is opened, usually in November, by the monarch, with an address from the Throne. Within a session each House can be adjourned at any time by resolution of the House. An adjournedParliament can be summoned quickly by the Speaker and the Lord Chancellor at the request of the Prime Minister. Prorogued Parliament needs a more difficult procedure to be summoned.

The Parliaments has the authority to pass Public, Private and Hybrid Bills. Public Billsconcern the matters of general interest and are legally binding for the whole nation. Private Bills have a narrower scope and deal more specific social interactions. Hybrid Bills are Public Bills to which elements of Private Bill procedure apply.

There are five main types of legislation considered by Parliament: Government Bills; Private Members’ Bills; Private Bills; Hybrid Bills; Statutory Instruments.

1. Government Bills are introduced by the Government or ministers and Parliament spends a great deal of its working time discussing these Bills. They are likely to become laws.

2. Private Member’s Bills are passed by MPs, usually backbenchers. Parliament spends less time deliberating on them and as a result they rare become laws.

3. Private Bills are introduced by organizations and deal with some specific spheres of legislation.

4. Hybrid Bills are Public Bills to which elements of Private Bill procedure apply.

5. Statutory Instruments is a type of delegated legislation, so it is enacted be the Government. Usually it details the provisions of Acts of Parliament.

The preparation of legislation is often a lengthy process. The Bill must be approved by the appropriate Cabinet committee and then by the full Cabinet. By the end of this pre-legislative stage the main content of the Bill is effectively settled although further negotiations continue throughout the passage through Parliament.Responsibility for drafting the Bill is with the Parliamentary Draftsmen, officially known as Parliamentary Counsel to the Treasury. Their draft is scrutinized by the Legislation Committee of the Cabinet.

Then the Parliamentstarts to discuss the Bill. During the first reading the title of the Bill is read out and a date is fixed for the second reading. On the second reading the principles of the Bill are discussed on the floor of the House. The Bill is voted on.

The nest stage is a detailed clause by clause analysis of the Bill by a standing committee of between 16-50 MPs. Detailed amendments are considered. After that the Bill is reported back to the whole House as amended. Further amendments, usually government sponsored, can be made at this stage.

The third reading is the final stage. The whole House considers the principles behind the legislation. Only verbal amendments can be made and any debate must be supported by at least 6 members.

Then the Bill goes to The House of Lords, where the same process is repeated, but the Committee stage is taken on the floor of the House. If the Bill is amended in the House of Lords, these amendments must be considered by the Commons. If the amendments are rejected by the Commons, the Lords must decide whether to persist with these. If no agreement is reached before the end of the Session, the Bill will fail.

Once the Bill is passed by both Houses it receives the Royal Assent, which is pure formal.

Bills may be introduced in any House. Generally less controversial Bills are selected to start life in the Lords, high profile political Bills in the Commons.

Some Bills have their Second Reading Stage in Committee. This procedure was introduced in an attempt to save time on the floor of the House and is used for unopposed and non-controversial legislation. If the Second Reading is in Committee, the Report Stage will also be in Committee.

Some Bills have their committee stage on the floor of the House in the Commons. They are nin-controversial ones, where Committee would be purely formal or Bills of major constitutional or financial importance or the one’s passed in an emergency.

Due to the great importance of the work of the Parliament as a whole and MPsparticularly, the last have some privileges. The main one is the freedom of speech. MPs can’t be punished for anything they’ve said while deliberating Bills. As a result MPs may invoke topic which are really difficult to discuss outside the Parliament. In addition,Parliament has the right to punish anybody, either inside or outside the House, who is guilty of a breach of privilege. A special Committee unvestigates such cases and then the House decides wheather to punish the offender or not. Parliament also punishes contempt, which is any offence or libel against its dignity or authority.

The Lords have quite the same privileges and also freedom of access to the Sovereign for each peer individually.

Essay “Law making procedure in British Parliament”

Strictly speaking, Parliament is a meeting, summoned under the Royal Prerogative by the monarch, of the two separate Houses, the House of Lords and the House of Commons. The Stuart kings sometimes attempted to rule without Parliament, but were driven to summon Parliament in order to obtain the legal power to raise taxes. The foundations of the modern English constitutional law were established by the 1688 Revolution:

1. “Parliament ought to be held frequently” and must meet at least once every three years Parliament meets annually.

2. Parliament must automatically end at the expiry of five years from the date of its writ of summons.

3. Parliament may within the fiveyears be dissolved by the monarch (law) on the advice of the prime minister (convention). This precipitates a general election.

A “Parliament” must be distinguished from a “session”, which is a working period within a Parliament, usually about one year in length (about 170 sitting days). All public bills that are not completed by the end of a session lapse. Sessions are “prorogued” by the monarch under the Royal Prerogative. Each session is opened, usually in November, by the monarch, with an address from the Throne. Within a session each House can be adjourned at any time by resolution of the House. Adjournments cover the long holidays and shorter breaks. An adjournedParliament can be summoned quickly by the Speaker and the Lord Chancellor (who presides over the House of Lords) at the request of the Prime Minister.

The five main types of legislation considered by Parliament are: Government Bills; Private Members’ Bills; Private Bills; Hybrid Bills; Statutory Instruments.

There are two types of Public Bills which concerns matters of general interest, and when passed they apply across the nation. First, Government Bills embody Government policy and are introduced by a Minister. These are the most important form of legislation and take up the largest proportion of Parliamentary time. Example: The Ports Bill, which transferred certain ports from the public sector to private-sector ownership. Second, Private Members’ Bills are introduced not by the Government but by an individual backbench MP or Peer of any political party. Example: The Children and Young Persons (Protection from Tobacco) Bill.

Private Bills are promoted by organizations seeking specific, usually local, powers that do not involve the construction of works such as railways. Hybrid Bills are Public Bills to which elements of Private Bill procedure apply. Example: The Channel Tunnel Bill.

Statutory Instruments are detailed rules or regulations which originate from primary legislation, i.e. Acts of Parliament. Statutory Instruments are also known as secondary legislation. Example: The Draft Motor Vehicles (Wearing of Seat Belts in Rear Seats by Adults) Regulations.

The preparation of legislation is often a lengthy process. The content and policy of the Bill must be approved by the appropriate Cabinet committee and then by the full Cabinet. Reform may sometimes be published in Green or White Papers. There may be pre-legislative consultation in Parliament with various interest groups. By the end of this pre-legislative stage the main content of the Bill is effectively settled although further negotiations between the various interested parties continue throughout the passage through Parliament.

1. First Reading. A Purely formal stage. The title of the Bill is read out, an order is made for the Bill to be published and a date fixed for the second reading.

2. Second Reading. The principles of the Bill are discussed on the floor of the House. The Bill is voted on.

3. Committee Stage. A detailed clause by clause analysis of the Bill by a standing committee of between 16-50 MPs. Detailed amendments are considered.

4. Report Stage. The Bill is reported back to the whole House as amended. Further amendments, usually government sponsored, can be made at this stage.

5. Third Reading. Once again the whole House considers the principles behind the legislation. Only verbal amendments can be made and any debate must be supported by at least six members.

Once a Bill has passed its Commons' stage it goes up to the House of Lords where the same process is repeated, except that the Committee stage. If the Bill is amended in the House of Lords, these amendments must be considered by the Commons which often takes place. If, however, the amendments are rejected by the Commons, the Lords must decide whether to persist with these. If no agreement is reached before the end of the Session, the Bill will fail. The government must then decide whether to reintroduce the measure in the following session or not. Once the Bill is passed by both Houses it receives the Royal Assent. This is purely formal.

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