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Taking a Government Bill Through Parliament

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Page 1: Taking a Government Bill Through Parliament.  PRIMARY LEGISLATION Public – Government Bills Public – Private Members’ Bills

Taking a Government Bill Through Parliament

Page 2: Taking a Government Bill Through Parliament.  PRIMARY LEGISLATION Public – Government Bills Public – Private Members’ Bills

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• PRIMARY LEGISLATIONPublic – Government BillsPublic – Private Members’ Bills

Ballot Bills10 Minute Rule Bills

Presentation Bills• SECONDARY LEGISLATION

Statutory Instruments (SIs)

AffirmativeNegative

Page 3: Taking a Government Bill Through Parliament.  PRIMARY LEGISLATION Public – Government Bills Public – Private Members’ Bills

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Bill Team Manager

Bill Team Leader (SCS)

Policy leadPolicy lead

OGD’sPolicy lead

Lawyer(s)

Administration

Parliamentary CounselParliamentary Counsel

Formation of a Bill Team

Page 4: Taking a Government Bill Through Parliament.  PRIMARY LEGISLATION Public – Government Bills Public – Private Members’ Bills

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Role of the Bill Team:Pre-Introduction

FORMULATION.FORMULATION.

CONSULTATION:CONSULTATION:

Green PaperGreen Paper

White PaperWhite Paper

Pre-legislative scrutinyPre-legislative scrutinyDraft Bill….Draft Bill….

DiscussionsRoad ShowsCorrespondence

Written and Oral evidenceGovernment response

Page 5: Taking a Government Bill Through Parliament.  PRIMARY LEGISLATION Public – Government Bills Public – Private Members’ Bills

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Clause Stand Part briefing..

PreparationRole of the Bill Team:

Pre-Introduction preparation

Press Briefing material.

Queen’s Consent: : “Affect the hereditary revenues personal property or interests of the Crown, the Duchy of Lancaster or Duchy of Cornwall”

Money Resolution: : expenditure for new purposesWays and Means Resolution:: imposing a new charge

Page 6: Taking a Government Bill Through Parliament.  PRIMARY LEGISLATION Public – Government Bills Public – Private Members’ Bills

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1. The draft Bill

2. Explanatory Notes

3. Impact Assessment

4. ECHR statement

5. Impact on Devolved Administrations

6. Handling strategy

7. Memorandum & briefing

Prior to Introduction:L Committee documents.

Page 7: Taking a Government Bill Through Parliament.  PRIMARY LEGISLATION Public – Government Bills Public – Private Members’ Bills

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Prior to Introduction

L CommitteeL Committee

• agree Bill is completeagree Bill is complete

• agree Bill is ready for Introductionagree Bill is ready for Introduction

• agree date for Introductionagree date for Introduction

• agree House of Introductionagree House of Introduction

Page 8: Taking a Government Bill Through Parliament.  PRIMARY LEGISLATION Public – Government Bills Public – Private Members’ Bills

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L MEMBERSHIPLeader of the Commons (Chair)

Secretary of State for Justice & Lord Chancellor

Secretary of State for Scotland

Secretary of State for Wales

Commons Chief Whip

Minister for the Cabinet Office& Chancellor of the Duchy of Lancaster

Secretary of State for Northern Ireland

Leader of the House of Lords

Chief Secretary

Lords Chief Whip

Attorney General

Advocate General for Scotland

Minister of State, DBERR

Deputy Leader of the Commons

Deputy Chief Whip

S/S Northern Ireland and Wales

S/S Scotland

Home Secretary

Minister for the Cabinet Office

Minister without Portfolio

Deputy Chief Whip

Page 9: Taking a Government Bill Through Parliament.  PRIMARY LEGISLATION Public – Government Bills Public – Private Members’ Bills

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THE PASSAGE OF A BILL THROUGH PARLIAMENT

HOUSE OF COMMONS

First Reading

Second Reading(may last less than or more than a full day)

Programme Motion

Committee Stage(usually a Public Bill Committee which now have similar powers to

those of Select Committees)Report Stage

Third Reading

Page 10: Taking a Government Bill Through Parliament.  PRIMARY LEGISLATION Public – Government Bills Public – Private Members’ Bills

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Page 11: Taking a Government Bill Through Parliament.  PRIMARY LEGISLATION Public – Government Bills Public – Private Members’ Bills

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House of Commons - Second Reading

passing them to the Minister who will close the debate.

The Minister will open the debate with a prepared speech.

Civil Servants will be in the Officials Gallery throughout the debate:

listening to contributions from members, preparing responses, clearing them with the lawyer,

Points raised during the debate will highlight areas of concern likely to surface at Committee.

Page 12: Taking a Government Bill Through Parliament.  PRIMARY LEGISLATION Public – Government Bills Public – Private Members’ Bills

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House of Commons – Committee Stage

Oral Evidence:“Committees should hold at least one evidence

session with Ministers and officials.”

Written Evidence:“Committees will decide whether it formally accepts any written material submitted as “evidence”, and how it will be reported to the House.

Page 13: Taking a Government Bill Through Parliament.  PRIMARY LEGISLATION Public – Government Bills Public – Private Members’ Bills

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Members Entrance

  

Officials Chairman Clerk Hansard

Public Entrance

X X X

X

x

xx

Government Opposition

Page 14: Taking a Government Bill Through Parliament.  PRIMARY LEGISLATION Public – Government Bills Public – Private Members’ Bills

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Committee Stage

Government amendment.

Resist. Accept in Principle.

Consider.

Accept.

DECISIONS ON AMENDMENTS

Page 15: Taking a Government Bill Through Parliament.  PRIMARY LEGISLATION Public – Government Bills Public – Private Members’ Bills

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Report Stage

Speaker’s criteria in selecting amendments;

• all Government amendments;• all involving some undertaking by the Government;• new “compromises” or “halfway” proposals;• important issues “carefully debated” in Committee worthy of a “last look”;• new matters brought in by members of the

Committee;• new developments since Committee.

Page 16: Taking a Government Bill Through Parliament.  PRIMARY LEGISLATION Public – Government Bills Public – Private Members’ Bills

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THE PASSAGE OF A BILL THROUGH PARLIAMENT

HOUSE OF LORDSFirst Reading

Delegated Powers and Regulatory Reform CommitteeConstitution Committee

Second ReadingCommittee Stage

(on the Floor of the House or Grand Committee)Report StageThird Reading

Commons consideration of Lords’ AmendmentsRoyal Assent

(ACT OF PARLIAMENT)

Page 17: Taking a Government Bill Through Parliament.  PRIMARY LEGISLATION Public – Government Bills Public – Private Members’ Bills

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The House of Lords

Page 18: Taking a Government Bill Through Parliament.  PRIMARY LEGISLATION Public – Government Bills Public – Private Members’ Bills

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The role of the Bill Team

Record Keeping:

detailed note of important decisions made: eg policy decisions, acceptance of changes etc

Commencement: ensure that provisions of the Bill are actually

brought into effect!

Page 19: Taking a Government Bill Through Parliament.  PRIMARY LEGISLATION Public – Government Bills Public – Private Members’ Bills

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An Act of Parliament

Page 20: Taking a Government Bill Through Parliament.  PRIMARY LEGISLATION Public – Government Bills Public – Private Members’ Bills

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First Act of Parliament kept at Westminster - 1497

• It concerns the taking of apprentices to make worsted (woollen yarn) in Norfolk.