Legislative Proceedings

The courts may occasionally extend the common law by their decisions. But the creation of new law and fundamental changes to existing law (outside European Community legislation) are the responsibility of Parliament. This mainly means the implementation of the sitting government's policies. But it can also cover wider matters of a non-party nature, and responses to European Community rulings.

A government will usually issue certain documents before the actual parliamentary law-making process commences. A Green Paper is a consultative document which allows interested parties to state their case before a bill is introduced into Parliament. A White Paper is not normally consultative in this wide sense, but is a preliminary document which itemizes the details of prospective government legislation.

A draft law, which has usually been drawn up by parliamentary and government civil servants, takes the form of a parliamentarybill. Most bills are public in that they relate to public or state policies. Private bills involve individual, corporate or local interests. Public bills may be introduced in either House of Parliament by the government or by private MPs in their personal capacity. A private member's bill, which is usually on a topic of interest to that MP, is normally defeated for lack of parliamentary time or support. But some important private members' bills have survived the various hurdles and have become law, such as Acts concerning homosexuality, abortion and sexual offences. A government will sometimes prefer a private member to introduce minor or controversial legislation, with a promise of governmental support in Parliament. As a rule, politically contentious public bills go through the Commons first, but some of an uncontroversial nature may be initiated in the - Lords. Whichever procedure is used, the bill must have passed through both Houses at some stage.

The Commons is normally the most important procedural step in this process. A bill will receive a formal first reading when it is introduced into the Commons by the government or a private member. After a variable period ranging from one day to several months, the bill is given its second reading after a debate on its general principles. An alternative at this stage is that an uncontroversial bill may be referred to a committee to see whether it warrants a second reading. After either of these methods, the bill is then usually passed to a standing committee for detailed discussion and amendment. As an alternative it can be referred for detailed analysis to the whole House sitting as a committee. This committee stage is followed by the report stage, during which further amendments to the bill may be suggested. The third reading of the bill considers it in its final form, usually on a purely formal basis. However, debate is still possible at this stage if demanded by at least six MPs. This delaying tactic may sometimes be used by the opposition parties to hold up the passage of a bill. But the government, in its turn, can introduce a 'guillotine motion' which cuts off further debate.

After the third reading, a Commons bill will be sent to the House of Lords. It will then go through broadly the same stages again, except for those steps which are unique to the Commons. The Lords can delay a non-financial bill for two sessions, or roughly one year. It can also propose amendments, and if amended the bill goes back to the Commons for further consideration. This amending function is an important power, and has been frequently used in recent years. But the Lords' role today is to act as a forum for revision, rather than as a rival to the elected Commons. In practice, the Lords' amendments can sometimes lead to the acceptance of changes by the government, or even a withdrawal of the bill.

When the bill has eventually passed through the Lords, it is sent to the monarch for the Royal Assent, which has not been refused since the eighteenth century. After the royal signature has been added, the bill becomes an Act of Parliament and is entered on the statute-book as representing the law of the land at that time.

This process from bill to Act may appear unduly drawn out. But it does normally avoid the dangers of hasty legislation. It ensures that the bill is discussed at all levels. It also allows the opposition parties to join in the legislative process, either by carrying amendments or sometimes by voting down a bill with the help of smaller parties and disaffected members of the govern­ment party.

Private bills are usually initiated by groups or organizations outside Parliament, such as local government authorities, which need special powers to carry out their business. The procedure for passing private bills is generally the same as for public bills, although in practice most of the work is done by committees. The sponsors or initiators must demonstrate the particular need for the bill, and any opposing interests must be heard during the

Preliminary White or Green Paper HOUSE OF COMMON S First reading of formal introduction of bill Second reading (debate on general principles)
Committee stage or whole House of Commons sitting as committee (detailed discussion and amendment)
Report stage (amendments)
Third reading (formal but debate possible) HOUSE OF LORDS
MONARCH ACT OF PARLIAMENT
From bill to Act of Parliament

legislative process. In theory, any individual can propose a private bill, but the time and expense involved usually render such a step unlikely.

Дата добавления: 2013-12-13