Reading (legislature)
A reading of a bill is a debate on the bill held before the general body of a legislature, as opposed to before a committee or other group. In the Westminster system, there are usually several readings of a bill among the stages it passes through before becoming law as an Act of Parliament. Some of these readings are usually formalities rather than substantive debates.
First reading
A first reading is when a bill is introduced to a legislature. Typically, in the United States, the title of the bill is read and immediately assigned to a committee. The bill is then considered by committee between the first and second readings. In the United States Senate and most British-influenced legislatures, the committee consideration occurs between second and third readings.
In Ireland, the first reading is referred to as "First Stage" and is leave to introduce a bill into a House of the Oireachtas. It may be taken in either house, but it does not need to be taken in both.
In New Zealand, once a bill passes first reading it is normally referred to a Select Committee. However, a Government can have a bill skip the select committee stage by a simple majority vote in Parliament.
A bill can be defeated on first reading if no one else other than the member introducing the bill seconds it.
Second reading
A second reading is the stage of the legislative process where a draft of a bill is read a second time. In most Westminster systems, a vote is taken on the general outlines of the bill before being sent to committee.
In Ireland it is referred to as Second Stage, though the motion at second stage is still "that the Bill is to be read a second time", as in some other Westminster systems. A bill introduced in one house enters the other house at Second Stage. Once the bill passes second stage it is referred to a Select Committee of that house or taken in Committee Stage by the whole house.
In the United States Senate, a bill is either referred to committee or placed on the Calendar of Business after second reading. No vote is held on whether to read the bill a second time. In U.S. legislatures where consideration in committee precedes second reading, the procedure varies as to how a bill reaches second reading. In Illinois, for example, legislation is automatically read a second time, after which amendments are in order.
In New Zealand, once a bill passes a Second Reading it is then considered clause by clause by the whole Parliament. If a majority of Parliament agree, the bill can be considered part by part, saving considerable time. Because most bills must have majority support to pass a second reading, it is now very rare for a bill to be considered clause by clause.
Third reading
A third reading is the stage of a legislative process in which a bill is read with all amendments and given final approval by a legislative body. In legislatures whose procedures are based on those of the Westminster system, the third reading occurs after the bill has been amended by committee and considered for amendment at report stage.
In bicameral legislatures, if the bill passes the third reading, it is then sent to the other chamber of parliament to start the process again at first reading in that chamber. Once the bill has passed third reading in both chambers, it is sent on for promulgation, such as Royal Assent in the Westminster system or signing by the president or governor in the U.S. model. In a unicameral legislature, after passing third reading in the sole chamber, the bill goes on directly for promulgation.
In the United States Senate, after the third reading has been ordered, a bill may be amended with a two-thirds majority vote for adoption.[1] There is still a vote on final passage.
In Ireland, the third reading is referred to as the "Report Final Stage". These are normally taken together. The question at final stage is "that the bill do now pass", as for the third reading in some other Westminster systems. When it passes one house, it is sent to the second house and enters at Second Stage. After both houses have passed the bill, it is sent to the President of Ireland to be signed into law. If there is a question regarding the constitutionality of the bill, the president may refer it to the Supreme Court of Ireland but otherwise may not withhold assent.
See also
- Bill (proposed law)
- Acts of Parliament in the United Kingdom#Stages of a bill
- Parliamentary procedure
- Separation of powers
References
Bibliography
- Australian Senate, 'Consideration of legislation', Brief Guides to Senate Procedure, No. 9, Department of the Senate, Canberra.
| ||||||||||||||||||||||||||||||||
