Act of Parliament

From Wikipedia, the free encyclopedia

An Act of Parliament or Act is law enacted by the parliament (see legislation).

Contents

[edit] Bills

The genesis of an Act of Parliament is often a formal written proposal known as a White Paper, which if accepted will be prepared in the form of a proposed law known as a Bill. The Bill will then be introduced into the Parliament (House of Commons, House of Representatives, House of Lords or the Senate) for debate and possible approval and enactment.

By constitutional convention, Bills that contain provisions significantly relating to taxation or public expenditure are introduced into the House of Commons in the UK; in Canada and Ireland, this is the law.

In the United Kingdom, Law Commission bills and consolidation bills start in the House of Lords.

In some countries, such as Spain and Portugal, a Bill has different names depending on whether it is initiated by the government (eg. "Project") or by the Parliament (eg. "Proposition" or Private Member's Bill).

An Act may be introduced to parliament also by means of a Private Member's Bill.

[edit] Procedure

[edit] United Kingdom

Main article: Acts of Parliament in the United Kingdom

[edit] United Kingdom Parliament

A draft piece of legislation is called a bill, when this is passed by parliament it becomes an act and part of statute law. There are two types of bill and act, public and private. Public acts apply to the whole of the UK or a number of its constituent countries - England, Scotland, Wales and Northern Ireland. Private acts are local and personal in their effect, giving special powers to bodies such as local authorities or making exceptions to the law in particular geographic areas.[1]

In the United Kingdom Parliament, each bill passes through the following stages:

  1. Pre-legislative scrutiny
  2. First reading: This is a formality; no vote occurs. The Bill is presented and ordered to be printed and, in the case of Private Members' bills, a date is set for second reading.
  3. Second reading: A debate on the general principles of the bill is followed by a vote.
  4. Committee stage: This usually takes place in a standing committee in the Commons and on the Floor of the House in the Lords. The committee considers each clause of the bill, and may make amendments to it.
  5. Consideration (or Report) stage: this takes place on the Floor of the House, and is a further opportunity to amend the bill. Unlike committee stage, the House need not consider every clause of the bill, only those to which amendments have been tabled.
  6. Third reading: a debate on the final text of the bill, as amended.
  7. Passage: The Bill is then sent to the other House (to the Lords, if it originated in the Commons; to the Commons, if it is a Lords Bill), which may amend it.
  8. Consideration of Lords/Commons Amendments: The House in which the bill originated considers the amendments made in the other House.

[edit] Scottish Parliament

In the Scottish Parliament, bills pass through the following stages:

  1. Introduction: The Bill is introduced to the Parliament together with its accompanying documents - Explanatory Notes, a Policy Memorandum setting out the policy underlying the Bill and a Financial Memorandum setting out the costs and savings associated with it. Statements from the Presiding Officer and the member in charge of the Bill are also lodged, indicating whether the Bill is within the legislative competence of the Parliament.
  2. Stage One: The Bill is considered by one or more of the subject Committees of the Parliament, which normally take evidence from the bill's promoter and other interested parties before reporting to the Parliament on the principles of the Bill. Other Committees, notably the Finance and Subordinate Legislation Committees, may also feed in at this stage. The report from the Committee is followed by a debate in the full Parliament.
  3. Stage Two: The Bill returns to the subject Committee where it is subject to line-by-line scrutiny and amendment. This is similar to the Committee Stage in the UK Parliament.
  4. Stage Three: The Bill as amended by the Committee returns to the full Parliament. There is a further opportunity for amendment, followed by a debate on the whole Bill, at the end of which the Parliament decides whether to pass the Bill.
  5. Royal Assent: After the Bill has been passed, the Presiding Officer submits it to Her Majesty for Royal Assent. However he cannot do so until a 4-week period has elapsed during which the Law Officers of the Scottish Executive or UK Government can refer the Bill to the Judicial Committee of the Privy Council for a ruling on whether the Bill is within the powers of the Parliament.

There are special procedures for emergency Bills, members Bills (similar to Private Member's Bills in the UK Parliament), committee Bills, and private Bills.

[edit] Australia

In Australia, the bill passes through the following stages:

  1. First Reading: Again, this stage is a mere formality.
  2. Second Reading: As in the UK, the stage involves a debate on the general principles of the bill is followed by a vote. Again, the Second Reading of a Government bill is usually approved. A defeat for a Government bill on this Reading signifies a major loss. If the bill is read a second time, it is then considered in detail
  3. Consideration in Detail: This usually takes place on the Floor of the House. Generally, committees are not used to consider the bill in detail.
  4. Third reading: A debate on the final text of the bill, as amended. Very rarely do debates occur during this stage.
  5. Passage: The Bill is then sent to the other House (to the Senate, if it originated in the House of Representatives; to the Representatives, if it is a Senate Bill), which may amend it. If the other House amends the Bill, the Bill and amendments are sent back to the original House for a further stage.
  6. Consideration of Senate/Representatives Amendments: The House in which the bill originated considers the amendments made in the other House. It may agree to them, amend them, propose other amendments in lieu or reject them. However, the Senate may not amend Money Bills, though it can "request" the House to make amendments. A Bill may pass backwards and forwards several times at this stage, as each House amends or rejects changes proposed by the other. If each House insists on disagreeing with the other, the Bill is lost.
  7. Disagreement between the Houses: Often, when a bill cannot be passed in the same form by both Houses, it is "laid aside." Sometimes, a special constitutional procedure allowing the passage of the bill without the agreement of both houses is allowed. If the House twice passes the same bill, and the Senate twice fails to pass that bill (either through rejection or through the passage of unacceptable amendments), then the Governor-General may dissolve both Houses of Parliament. If the House again passes the bill after the election, but the deadlock between the Houses persists, then the Governor-General may convene a joint sitting of both Houses, where a final decision will be taken on the bill. The procedure only applies if the bill originated in the House of Representatives. Six double-dissolutions have occurred, though a joint session only became necessary once.

[edit] Canada

In Canada, the bill passes through the following stages:

  1. First Reading: Again, this stage is a mere formality.
  2. Second Reading: As in the UK, the stage involves a debate on the general principles of the bill is followed by a vote. Again, the Second Reading of a Government bill is usually approved. A defeat for a Government bill on this Reading signifies a major loss. If the bill is read a second time, then it progresses to the committee stage.
  3. Committee stage: This usually takes place in a standing committee in the Commons.
    • Standing Committee: The standing committee is a permanent one; each committee deals with bills in specific subject areas. Canada's standing committees is similar to the UK's select committees.
    • Special Committee: The procedure is not used often.
    • Legislative Committee: A legislative committee is especially appointed for a certain bill, like the UK's standing committees.
    • Committee of the Whole House: The whole house sits as a committee in the House of Commons to consider appropriation bills.
    The committee considers each clause of the bill, and may make amendments to it. Significant amendments may be made at committee stage. In some cases, whole groups of clauses are inserted or removed. However, almost all the amendments which are agreed to in committee will have been tabled by the Government to correct deficiencies in the bill or to enact changes to policy made since the bill was introduced (or, in some cases, to import material which was not ready when the bill was presented).
  4. Consideration (or Report) stage: this takes place on the Floor of the House, and is a further opportunity to amend the bill.
  5. Third reading: A debate on the final text of the bill, as amended. Very rarely do debates occur during this stage.
  6. Passage: The Bill is then sent to the other House (to the Senate, if it originated in the House of Commons; to the Commons, if it is a Senate Bill), which may amend it. If the other House amends the Bill, the Bill and amendments are sent back to the original House for a further stage.
  7. Consideration of Senate/Commons Amendments: The House in which the bill originated considers the amendments made in the other House. It may agree to them, amend them, propose other amendments in lieu or reject them. If each House insists on disagreeing with the other, the Bill is lost.
  8. Disagreement between the Houses: There is no specific procedure under which the Senate's disagreement can be overruled by the Commons. The Senate's rejection is absolute.

The debate on each stage is actually debate on a specific motion. For the first reading, there is no debate. For the second and third readings, the motion is "That this bill be now read a second [third] time." In the Committee stage, the debate is on the motions for specific amendments and the motion "That the clause [as amended] stand part of the bill," which is presented on every clause, whether amended or not. In the Report stage, the debate is on the motions for specific amendments. The final motion is "That the bill do now pass."

Since the mid-19th century, in most but not all cases, the votes by the House of Commons are a formality in which the vote is predetermined by party lines. Because the Westminster system requires the government to keep the support of the House of Commons, the rejection of a bill by Commons is a major political crisis. Therefore, the government will in almost all cases ensure passage of a bill by a combination of modifying the bill so that it is acceptable to members of the ruling party and pressuring party members to vote for the bill. Unlike the American or UK systems, a Member of Parliament rarely votes against party instructions.

Exceptions are cases of political crisis or matters of conscience such as the age of consent, in which the government may declare a free vote in which Members of Parliament are absolved of the requirement of voting with their party.

It can either fail or pass and then go on to final, formal examination by the Governor General who invariably gives it the Royal Assent. Although the Governor General can in theory refuse to assent a bill or reserve the bill for the Queen at this stage, this power has fallen into disuse.

Bills being reviewed by Parliament are assingned numbers: 2 to 200 for government bills, 201 to 1000 for private member's bills, and 1001 up for private bills. They are preceded by C- if they originate in the House of Commons, or S- if they originate in the Senate. For example, Bill C-250 was a private member's bill introduced in the House. Bills C-1 and S-1 are pro forma formalities.

See also: List of Acts of Parliament of Canada

[edit] New Zealand

In New Zealand, the bill passes through the following stages:

  1. First Reading: MPs debate and vote on the bill. If a bill is approved, it passes on to the committee stage.
  2. Select Committee stage: The bill is considered by a Select Committee, which scrutinises the bill in detail and hears public submissions on the matter. The Committee may recommend amendments to the bill.
  3. Second Reading: The general principles of the bill are debated, and a vote is held. If the bill is approved, it is put before a Committee of the House.
  4. Committee of the House: The bill is debated and voted on, clause by clause, by the whole House sitting as a committee.
  5. Third Reading: Summarising arguments are made, and a final vote is taken. If the bill is approved, it is passed to the Governor-General for Royal Assent. New Zealand has no upper house, and so no approval is necessary.


[edit] Numbering

Historically, Acts were given names, which sufficed as there were few acts, but as the number of Acts increased it became convenient to number.

  • In England, Acts came to be numbered from 1 in each year of the sovereign's reign, until 1962. Hence 14 Charles II c. 4 which was the fourth Act passed in the fourteenth year of the reign of Charles II.
  • In Victoria, Australia, Acts are numbered from 1 starting from 1860, hence Act 9876 of 2006.
  • In New South Wales, Acts are numbered from 1 starting in each calendar year, hence Act 98 of 2006.

[edit] See also

[edit] References

  1. ^ p. 190, How Parliament Works, 6th edition, Robert Rogers and Rhodri Walters, Pearson Longman, 2006

3. http://www.publications.parliament.uk/pa/ld/ldcomp/ldctso26.htm

[edit] External links

  • Acts of Parliament (since 1267) revised to date are available free on-line under Crown copyright terms from the Department of Constitution Affairs (SLD).