Bills in the CommonsMatthew Hamlyn

House of Commons

Images - © UK Parliament2015

What this session is about The process of passing bills in the

Commons and how you can get involved

Is the process? What do we mean by “effective scrutiny?

“English vote for English laws”: a very brief introduction

A reminder: types of Public Bills• Government Bill presented by a Minister• Private Member’s Bill presented by a backbench MP:

the individual parliamentarian’s “right of initiative”• Private Members’ bills in the Commons:

o Ballot Billso Ten Minute Rule Billso Presentation Bills

Key features: The House of Commons• Government Bills

programmed: limited time

• Most Bills committed to a Public Bill Committee, although some Bills taken in Committee of the whole House

• Chair’s/Speaker’s power to select and group amendments

Passage through the Commons

Bill is introduced to the House; a formality

First opportunity for debate of the main principles of the Bill. Vote on whether the Bills proceeds

Further amendment to the content of the Bill. All MPs may speak and vote; Speaker selects amendments for discussion

Final chance for the Commons to debate the contents of a Bill, but no amendments. Vote on whether the Bill is approved

Amendments can be proposed. Detailed examination of the Bill in a Public Bill Committee. Time limits.

Get involved with the process Commons Bill committees take evidence:

◦ Written submissions◦ Public hearings from witnesses

Slightly different from select committee inquiries …

You can watch meetings:

www.parliamentlive.tv

The final stages‘Ping-pong’ . Both Houses must agree on the exact wording of a Bill before it can become an Act of Parliament

Monarch's agreement to make the Bill into an Act and is a formality. When Royal Assent has been given, the announcement is usually made in both Houses by the Lord Speaker in the Lords and the Speaker in the Commons

Is the legislative process effective? As a legislative assembly the parliament ofthe UK is, much of the time, either peripheral or totally irrelevant. It might as well not exist’King, A. and Crewe, I. (2013), The Blunders of Our Governments

‘An elaborate rubber-stamp’Ken Macdonald, ‘The Times’, 5 October 2009

Why it might not be a rubber stamp Government may bring back its own amendments

to address issues raised: 60% of substantive Govt amendments are in response to some kind of Parliamentary pressure1

Achieve non-legislative agreements/concessions Probing amendments – aimed at getting more

information, not changing the text Political need to present an alternative – the role

of the opposition Forces Government MPs to vote on

tricky/unpopular issues1. Russell M, Gover D and Wolter, K. “Does the Executive Dominate the Westminster Legislative Process?: Six Reason for Doubt”, Parliamentary Affairs (2015) 1-23

English Votes for English Laws “English Votes for English Laws means that

a UK Government cannot impose policies on England unless those plans also have the consent of English MPs. It’s a simple concept really”.

Rt Hon Chris Grayling MP, Conservative Home, 22 October 2015

“It is quite a dangerous set of measures. It is a bureaucratic nightmare and hon. Members will regret it … This is a charter for breaking up the Union, not keeping it together.

Chris Bryant MP, Hansard, 22 October 2015

EVEL – the principle Provides a veto for English (and sometimes

also Welsh) MPs It’s a veto NOT a voice So ensures the “UK House” cannot force

laws on England/England and Wales without consent of the MPs for those constituencies

No change to House of Lords procedure Changes to Standing Orders, not statute

EVEL in practice All Bills considered by Speaker for

certification before second reading Have to meet two tests:

◦ Relate exclusively to England◦ Be within devolved legislative competence

Can certify whole bill, or individual clauses Bill can be certified for England and

England and Wales Main impact on process is after Report

stage

Main procedural changes England-only bills have England-only

committee stage After Report, any certified bill or provisions

must be consented to by English MPs in new “Legislative Grand Committee (LGC)”

If consent granted, third reading follows If consent withheld, further report stage

(“reconsideration”) to resolve disagreement After reconsideration, Speaker certifies any

amendments made at that stage

www.parliament.uk

http://services.parliament.uk/bills/

Questions and discussion

Salisbury/Addison doctrine

“I believe it would be constitutionally wrong, when the country has so recently expressed its view, for this House to oppose proposals which have been definitely put before the electorate”

Third Marquess of Salisbury, 1945

The original doctrine “The will of the people and the views

expressed by the House of Commons did not necessarily coincide, and that in consequence, the House of Lords had an obligation to reject, and hence refer back to the electorate, particularly contentious Bills, usually involving a revision of the constitutional settlement, which had been passed by the Commons”

Third Marquess of Salisbury

Number of Government defeats in the House of Lords

1976

-77

1977

-78

1978

-79

1979

-80

1980

-81

1981

-82

1982

-83

1983

-84

1984

-85

1985

-86

1986

-87

1987

-88

1988

-89

1989

-90

1990

-91

1991

-92

1992

-93

1993

-94

1994

-95

1995

-96

1996

-97

1997

-98

1998

-99

1999

-200

020

00-2

001

2001

-200

220

02-2

003

2003

-200

420

04-2

005

2005

-200

620

06-2

007

2007

-200

820

08-2

009

2009

-201

020

10-2

012

2012

-201

3

Labour Conservative Labour Con/Lib

0

10

20

30

40

50

60

70

80

90

100

Num

ber/P

erce

ntag

e of

Def

eats

4.9

9.7

4.7

5.6

8.4

11.7

8.8

3.7 6

6.3

10.7

16.3

7.2

11.5

11.7

6.6 9

14.9

21.7

31.3

18.7 5

32.5

38.9

36.3

55.2

32.2

43.2

23.2

28

32.5

20.3  

% defeats

Role of Committees in legislative process• Pre-legislative scrutiny (Joint Committee/House of

Commons departmental select committees)• Specialised scrutiny (House of Lords)• Public Bill Committees (House of Commons)• Post-legislative scrutiny (House of Lords Select

Committees and House of Commons Departmental Select Committees)

Secondary (or delegated) legislation• Secondary (or delegated) legislation is usually

concerned with detailed changes to the law made under powers deriving from an existing Act of Parliament

• Statutory instruments form the majority of delegated legislation, but it can also include rules or codes of practice

Secondary legislation - scrutiny• Parliament’s committees:

o House of Commons Delegated Legislation Committeeso Joint Committee on Statutory Instruments (checks

what is delegated to Ministers in all bills)o House of Lords Delegated Powers Scrutiny Committee o House of Lords Secondary Legislation Scrutiny

Committee (examines the policy merits of any statutory instruments or regulations)

• Parliament’s controls:o Affirmative procedureo Negative procedure