Guide to Making Legislation July 2017

Total Page:16

File Type:pdf, Size:1020Kb

Guide to Making Legislation July 2017 Guide to Making Legislation July 2017 CONTENTS INTRODUCTION TO THE LEGISLATIVE PROCESS AND BIDDING FOR LEGISLATION ............... 4 1. How to use this guide and the role of PBL Secretariat .......................................................................................... 5 2. The Government’s legislative programme and the work of the Parliamentary Business and Legislation (PBL) Committee .................................................................................................................................................................... 8 3. Summary of stages in the legislative process ......................................................................................................11 4. Key players in making legislation ........................................................................................................................22 5. Securing a slot in the legislative programme ......................................................................................................25 6. The bill and Bill team management.....................................................................................................................31 7. Collective agreement ..........................................................................................................................................43 PREPARING THE BILL FOR INTRODUCTION ......................................................................................................47 8. Preparing the bill for introduction: checklist of tasks to be completed by department ....................................48 9. Drafting the bill: general .....................................................................................................................................50 10. Drafting the bill: structure and content of instructions to OPC .......................................................................62 11. Explanatory notes .............................................................................................................................................77 12. The European Convention on Human Rights (ECHR) ......................................................................................113 13. Other legal issues ............................................................................................................................................122 14. Impact assessments ........................................................................................................................................125 15. Devolved legislatures and administrations .....................................................................................................130 16. Delegated powers ...........................................................................................................................................138 17. Crown Dependencies and Overseas Territories ..............................................................................................145 18. Queen’s and Prince’s consent .........................................................................................................................148 19. Tax and public expenditure .............................................................................................................................151 20. Handling strategies .........................................................................................................................................154 21. Queen’s speech and PBL Committee approval for introduction ....................................................................156 22. Publication in draft and pre-legislative scrutiny .............................................................................................162 ESSENTIAL GUIDANCE FOR BILL TEAMS ......................................................................................................... 170 23. Amendments ...................................................................................................................................................171 24. Explanatory statements ..................................................................................................................................185 25. Briefing Ministers for bill work and the use of Ministerial Statements in construing statute .......................187 26. English votes for English laws..........................................................................................................................190 COMMONS STAGES ........................................................................................................................................................ 194 27. The Commons: Overview of stages, minimum intervals between stages and sitting times ..........................195 28. Money resolution and ways and means resolution ........................................................................................200 29. Programming ...................................................................................................................................................204 30. Commons introduction and First Reading ......................................................................................................210 31. Commons Second Reading ..............................................................................................................................218 32. Commons Committee Stage ...........................................................................................................................223 33. Commons remaining stages (Report, Legislative Grand Committee, Reconsideration and Third Reading) ..241 34. Carrying over legislation..................................................................................................................................249 LORDS STAGES ................................................................................................................................................................. 252 35. The Lords: Overview of stages and differences from Commons’ stages ........................................................253 36. Lords introduction and First Reading ..............................................................................................................260 37. Lords Second Reading .....................................................................................................................................264 38. Lords Committee Stages .................................................................................................................................267 39. Lords remaining stages (Report and Third Reading) .......................................................................................272 FURTHER ACTION AFTER COMPLETING COMMONS AND LORDS STAGES AND AFTER ROYAL ASSENT ................................................................................................................................................................. 275 40. Consideration of amendments and ‘ping-pong’ .............................................................................................276 41. Royal Assent and commencement ..................................................................................................................284 42. Further action after Royal Assent ...................................................................................................................287 43. Post-legislative scrutiny ..................................................................................................................................292 OTHER TYPES OF GOVERNMENT BILL .............................................................................................................. 301 44. Hybrid bills.......................................................................................................................................................302 45. Consolidation bills ...........................................................................................................................................306 PRIVATE MEMBERS’ BILLS ......................................................................................................................................... 310 46. Private members’ bills: introduction...............................................................................................................311 47. Private members’ bills: parliamentary procedure ..........................................................................................313 48. Private members’ bills: responding to non-government bills .........................................................................320 49. Government ‘handout’ bills ............................................................................................................................330 APPENDIX A: GLOSSARY ............................................................................................................................................ 334 APPENDIX B: CONTACT DETAILS .......................................................................................................................... 338 APPENDIX C: OTHER GUIDES .................................................................................................................................. 340 APPENDIX D: CODES OF PRACTICE AND LEGISLATION ........................................................................ 342 APPENDIX E: SECURING LEGISLATIVE CONSENT MOTIONS IN THE DEVOLVED LEGISLATURES
Recommended publications
  • Cabinet Office Consultation on 'Better Use of Data in Government
    Cabinet Office consultation on ‘Better use of data in government’ Response from the CLOSER Consortium CLOSER (Cohorts and Longitudinal Studies Enhancement Resources) is funded by the Economic and Social Research Council (ESRC) and Medical Research Council (MRC) to maximise the use, value and impact of the UK’s longitudinal studies. The network brings together eight leading longitudinal studies, the British Library and the UK Data Archive. CLOSER’s response to the consultation predominantly reflects our interest in being able to link individual administrative records to longitudinal survey data collected from that same individual. The linking of these two forms of data offers potential that exceeds the sum of the two approaches in isolation. While administrative records can provide enviable coverage and frequency, they rarely provide the richness and depth that comes from survey data collected to tackle specific research questions; conversely, survey data collection can be costly and challenging to administer, leading to missing data and possible biases which can be overcome by using administrative records to fill in the missing information. Consequently, combining the two can yield considerable benefits. For example, recent analysis of the National Pupil Database (NPD) and Higher Education Statistics Agency (HESA) found higher participation rates in higher education among a range of groups including ethnic-minorities.1 However, those records could not help explain these differences in participation; exploring this required linking individual
    [Show full text]
  • Second Report
    HOUSE OF LORDS Procedure and Privileges Committee 2nd Report of Session 2021–22 Sitting times of Grand Committees Timetabling of Thursday debates Legislative Consent Motions for Lords Private Members’ Bills Ordered to be printed 29 July 2021 Published by the Authority of the House of Lords HL Paper 61 Procedure and Privileges Committee The Select Committee on Procedure and Privileges of the House is appointed each session to consider any proposals for alterations in the procedure of the House that may arise from time to time, and whether the standing orders require to be amended. Membership The members of the Procedure and Privileges Committee are: Lord Ashton of Hyde Lord McAvoy Lord Bew Lord McFall of Alcluith (Lord Speaker) Lord Eames Baroness McIntosh of Hudnall Baroness Evans of Bowes Park Lord Newby Lord Faulkner of Worcester Baroness Quin Lord Gardiner of Kimble (Chair) Baroness Smith of Basildon Lord Geddes Lord Stoneham of Droxford Baroness Harris of Richmond Baroness Thomas of Winchester Lord Judge Viscount Ullswater Lord Mancroft Alternate members: Baroness Browning (for backbench Conservative members) Baroness Finlay of Llandaff (for Crossbench members, other than the Convenor) Baroness Goudie (for backbench Labour members) Lord Alderdice (for backbench Liberal Democrat members) Lord Turnbull (for the Convenor) Declaration of interests A full list of Members’ interests can be found in the Register of Lords’ Interests: http://www.parliament.uk/mps-lords-and-offices/standards-and-interests/register-of-lords- interests/ Publications
    [Show full text]
  • Northern Ireland Prepared by Lex Mundi Member Firm, Arthur Cox
    Guide to Doing Business Northern Ireland Prepared by Lex Mundi member firm, Arthur Cox This guide is part of the Lex Mundi Guides to Doing Business series which provides general information about legal and business infrastructures in jurisdictions around the world. View the complete series at: www.lexmundi.com/GuidestoDoingBusiness. Lex Mundi is the world’s leading network of independent law firms with in-depth experience in 100+ countries. Through close collaboration, our member firms are able to offer their clients preferred access to more than 21,000 lawyers worldwide – a global resource of unmatched breadth and depth. Lex Mundi – the law firms that know your markets. www.lexmundi.com Lex Mundi: A Guide to Doing Business in Northern Ireland. Prepared by Arthur Cox Updated June 2016 This document is intended merely to highlight issues for general information purposes only. It is not comprehensive nor does it provide legal advice. Any and all information is subject to change without notice. No liability whatsoever is accepted by Arthur Cox for any action taken in reliance on the information herein. LEX MUNDI: A GUIDE TO DOING BUSINESS IN NORTHERN IRELAND, PREPARED BY ARTHUR COX PAGE 2 Contents I. THE COUNTRY AT-A-GLANCE ............................................................................................................. 4 A. What languages are spoken? ............................................................................................................................................................ 4 B. What is the exchange
    [Show full text]
  • Westminster Abbey a Service for the New Parliament
    St Margaret’s Church Westminster Abbey A Service for the New Parliament Wednesday 8th January 2020 9.30 am The whole of the church is served by a hearing loop. Users should turn the hearing aid to the setting marked T. Members of the congregation are kindly requested to refrain from using private cameras, video, or sound recording equipment. Please ensure that mobile telephones and other electronic devices are switched off. The service is conducted by The Very Reverend Dr David Hoyle, Dean of Westminster. The service is sung by the Choir of St Margaret’s Church, conducted by Greg Morris, Director of Music. The organ is played by Matthew Jorysz, Assistant Organist, Westminster Abbey. The organist plays: Meditation on Brother James’s Air Harold Darke (1888–1976) Dies sind die heil’gen zehn Gebot’ BWV 678 Johann Sebastian Bach (1685–1750) The Lord Speaker is received at the East Door. All stand as he is conducted to his seat, and then sit. The Speaker of the House of Commons is received at the East Door. All stand as he is conducted to his seat, and then sit. 2 O R D E R O F S E R V I C E All stand to sing THE HYMN E thou my vision, O Lord of my heart, B be all else but naught to me, save that thou art, be thou my best thought in the day and the night, both waking and sleeping, thy presence my light. Be thou my wisdom, be thou my true word, be thou ever with me, and I with thee, Lord; be thou my great Father, and I thy true son, be thou in me dwelling, and I with thee one.
    [Show full text]
  • Lords Reform White Paper and Draft Bill
    GS Misc 1004 GENERAL SYNOD House of Lords Reform A Submission from the Archbishops of Canterbury and York to the Parliamentary Joint Committee on the Government’s Draft Bill and White Paper. General principles 1. More than a decade ago, the then Archbishops‟ submission to the Royal Commission on House of Lords Reform said that the test of reform was whether it would enable Parliament as a whole to serve the people better. That has remained the consistent position of Church of England submissions since. 2. As with any constitutional change, it is important, therefore, that there is clarity over the problems that reform is intended to address and a reasonable measure of assurance that the proposed solutions will work and avoid unintended consequences. Fundamental changes to how we are governed should also command a wide measure of consent within the country as well as in Parliament. 3. In his initial response of May 2011 to the White Paper and Draft Bill the Lords Spiritual Convenor, the Bishop of Leicester, said: “Some reform of the Lords is overdue, not least to resolve the problem of its ever-increasing membership. But getting the balance of reform right, so that we retain what is good in our current arrangements, whilst freeing up the House to operate more effectively and efficiently, is crucial.”1 In particular, the proposal to reduce the overall size of the House is welcome. But it is far less clear that wholesale reform of the House of Lords along the lines now envisaged gets the balance right. 4. For so long as the majority of the House of Lords consisted of the hereditary peerage there was manifestly a compelling case for reform.
    [Show full text]
  • United Nations Convention Against Corruption
    United Nations Convention against Corruption Self-assessment Name: UK Second Cycle Review-20180108-134632 Country: United Kingdom of Great Britain and Northern Ireland Date of creation: 24/11/2017 Assessor: Renny Mendoza Assessor Position: International Policy Advisor: Joint Anti-Corruption Unit Release: 3.0.0.15 Comments: Completed self-assessment checklists should be sent to: Corruption and Economic Crime Section Division for Treaty Affairs United Nations Office on Drugs and Crime Vienna International Centre PO Box 500 1400 Vienna, Austria Attn: KAMBERSKA Natasha Telephone: + (43) (1) 26060-4293 Telefax: + (43) (1) 26060-74293 E-mail: [email protected] A. General information A. General information 1. General information 1519 1 Focal point: Renny Mendoza 2 Institutions consulted: Home Office, Crown Prosecution Service, Serious Fraud Office, National Crime Agency, Her Majesty’s Treasury, Ministry of Justice, Financial Conduct Authority, HM Revenue and Customs, Department for Business, Energy and Industrial Strategy, Department for International Development. 3 Please provide information on the ratification/acceptance/approval/accession process of the United Nations Convention against Corruption in your country (date of ratification/acceptance/approval of/accession to the Convention, date of entry into force of the Convention in your country, procedure to be followed for ratification/acceptance/approval of/accession to international conventions etc.). UNCAC Ratification Signature date: 9 December 2003 Ratification date: 9 February 2006 Entry into force date: 11 March 2006 Procedure to be followed for ratification of international conventions: The United Kingdom (UK) is a ‘dualist’ state. The UK constitution accords no special status to treaties: rights and obligations created by treaties have no effect in UK law unless legislation is in force to give effect to them.
    [Show full text]
  • The Sovereignty of the Crown Dependencies and the British Overseas Territories in the Brexit Era
    Island Studies Journal, 15(1), 2020, 151-168 The sovereignty of the Crown Dependencies and the British Overseas Territories in the Brexit era Maria Mut Bosque School of Law, Universitat Internacional de Catalunya, Spain MINECO DER 2017-86138, Ministry of Economic Affairs & Digital Transformation, Spain Institute of Commonwealth Studies, University of London, UK [email protected] (corresponding author) Abstract: This paper focuses on an analysis of the sovereignty of two territorial entities that have unique relations with the United Kingdom: the Crown Dependencies and the British Overseas Territories (BOTs). Each of these entities includes very different territories, with different legal statuses and varying forms of self-administration and constitutional linkages with the UK. However, they also share similarities and challenges that enable an analysis of these territories as a complete set. The incomplete sovereignty of the Crown Dependencies and BOTs has entailed that all these territories (except Gibraltar) have not been allowed to participate in the 2016 Brexit referendum or in the withdrawal negotiations with the EU. Moreover, it is reasonable to assume that Brexit is not an exceptional situation. In the future there will be more and more relevant international issues for these territories which will remain outside of their direct control, but will have a direct impact on them. Thus, if no adjustments are made to their statuses, these territories will have to keep trusting that the UK will be able to represent their interests at the same level as its own interests. Keywords: Brexit, British Overseas Territories (BOTs), constitutional status, Crown Dependencies, sovereignty https://doi.org/10.24043/isj.114 • Received June 2019, accepted March 2020 © 2020—Institute of Island Studies, University of Prince Edward Island, Canada.
    [Show full text]
  • Queen's Bench Division (Divisional Court)
    Queen's Bench Division (Divisional Court) Lord Justice Rix, Justice Forbes First Instance application for judicial review 14 December 2004 JUDGMENT Lord Justice Rix: 1 This is the judgment of the court to which both members have contributed. Introduction 2 The claimants in these proceedings are all relatives of deceased Iraqi civilians ("the deceased"), who have been killed by or in the course of action taken by British soldiers in the period following completion of major combat operations in Iraq and prior to the assumption of authority by the Iraqi Interim Government (i.e. the period 1 May 2003 to 28 June 2004). The defendant is the Secretary of State for Defence ("the Secretary of State"). 3 This judgment is concerned with the determination of two preliminary issues (as to which, see paragraphs 5 and 6 below) arising out of the claimants' application for judicial review of the Secretary of State's alleged failure and/or refusal: (i) to conduct independent inquiries into the deaths of the deceased, (ii) to accept liability for those deaths and (iii) to pay just satisfaction. 4 Stated in general terms, the claimants' application for judicial review concerns the legal responsibilities of the Secretary of State under section 6 of the Human Rights Act 1998 ("the HRA") in relation to the civilian deaths in question. It is the claimants' case (as originally pleaded) that the Secretary of State acted in breach of section 6 of the HRA, in particular by his violation of the procedural obligations under article 2 (the right to life) of the European Convention on Human Rights ("the Convention"), in failing and/or refusing to conduct independent inquiries into the deaths of the various deceased.
    [Show full text]
  • Brexit Update Research Briefing
    National Assembly for Wales Senedd Research Brexit Update Research Briefing September 2018 www.assembly.wales/research The National Assembly for Wales is the democratically elected body that represents the interests of Wales and its people, makes laws for Wales, agrees Welsh taxes and holds the Welsh Government to account. An electronic copy of this document can be found on the National Assembly website: www.assembly.wales/research Copies of this document can also be obtained in accessible formats including Braille, large print, audio or hard copy from: Research Service National Assembly for Wales Tŷ Hywel Cardiff Bay CF99 1NA Tel: 0300 200 6219 Email: [email protected] Twitter: @SeneddResearch Blog: SeneddResearch.blog © National Assembly for Wales Commission Copyright 2018 The text of this document may be reproduced free of charge in any format or medium providing that it is reproduced accurately and not used in a misleading or derogatory context. The material must be acknowledged as copyright of the National Assembly for Wales Commission and the title of the document specified. National Assembly for Wales Senedd Research Brexit Update Research Briefing September 2018 Author: Nigel Barwise Date: 17 September 2018 Paper number: 18-049 www.assembly.wales/research Research Briefing: Brexit Update Contents Introduction..........................................................................................1 Developments in Wales.................................................................... 2 National Assembly for Wales
    [Show full text]
  • Written Evidences Submitted by Paul Evans and Paul Silk*(TTC 03) Summary This Paper Responds to the Procedure Committee's Call
    Written evidences submitted by Paul Evans and Paul Silk*(TTC 03) Summary This paper responds to the Procedure Committee’s call for evidence in its inquiry into the procedure of the House of Commons and the territorial constitution. It proposes: The establishment of a permanent inter-parliamentary Body comprised of Members of the four UK legislatures to hold to account the Joint Ministerial Committee or any successor UK intergovernmental organisation. Changes to the standing orders of the House of Commons to enable joint working between all its committees and committees of the UK’s devolved legislatures. Rethinking the role of the territorial Grand Committees, and the establishment of an English Grand Committee to consider legislative consent motions relating to matters relating exclusively to England. A radical simplification of the standing orders relating to English Votes for English Laws. Integration of procedures relating to the operation of the Sewel Convention into the mainstream of the House’s legislative procedures. Other measures to enhance interparliamentary co-operation between Members of the UK’s legislatures. We note that on 6 November the Committee announced its intention of focussing its inquiries on the procedural steps necessary to facilitate greater joint working between House of Commons committees and the relevant committees of other UK legislatures to ensure effective scrutiny of common frameworks. While the scrutiny of the common frameworks provides an immediate impetus for better interparliamentary co-operation, we consider that this should be the launching pad for enhanced and deeper interparliamentary working in the longer term. ___________________________ *Paul Evans CBE is a former Clerk of Committees in the House of Commons.
    [Show full text]
  • Review of House of Lords Investigative and Scrutiny Committees: Towards a New Thematic Committee Structure
    HOUSE OF LORDS Liaison Committee 6th Report of Session 2017–19 Review of House of Lords Investigative and Scrutiny Committees: towards a new thematic committee structure Ordered to be printed 8 July 2019 and published 17 July 2019 Published by the Authority of the House of Lords HL Paper 398 Liaison Committee The Liaison Committee advises the House on the resources required for select committee work and allocates resources between select committees; reviews the select committee work of the House; considers requests for ad hoc committees and reports to the House with recommendations; ensures effective co-ordination between the two Houses; and considers the availability of Lords to serve on committees. Membership The Members of the Liaison Committee are: Lord Bradley (from 1 July 2019) Lord Lang of Monkton The Earl of Courtown (in place of Baroness Evans of Bowes Park) Lord Low of Dalston Baroness Evans of Bowes Park Lord McFall of Alcluith (Chair) Lord Foulkes of Cumnock (until 1 July 2019) Lord Newby Baroness Garden of Frognal (until 1 July 2019) Lord Tyler (from 1 July 2019) Baroness Hayter of Kentish Town Lord Smith of Hindhead Lord Hope of Craighead Lord Williams of Elvel Declaration of interests See Appendix 1. A full list of Members’ interests can be found in the Register of Lords’ Interests: http://www.parliament.uk/mps-lords-and-offices/standards-and-interests/register-of-lords- interests Publications All publications of the Committee are available at: http://www.parliament.uk/lords-liaison Parliament Live Live coverage of debates and public sessions of the Committee’s meetings are available at: http://www.parliamentlive.tv Further information Further information about the House of Lords and its Committees, including guidance to witnesses, details of current inquiries and forthcoming meetings is available at: http://www.parliament.uk/business/lords Committee staff The staff who worked on this inquiry were Philippa Tudor (Clerk), Alice Delaney (Research Assistant) and Heather Fuller (Committee Assistant).
    [Show full text]
  • Cabinet Secretary for Culture and External Affairs.Dot
    Rt Hon Michael Gove MP Chancellor of the Duchy of Lancaster Cabinet Office 70 Whitehall London SW1A 2AS __ 17 June 2020 Dear Michael In our joint statement of 14 June, which expressed disappointment in your decision not to request an extension to transition before we had an opportunity to discuss this crucial matter ahead of the high level political stocktake, we said that we would write to you on the subject of ‘rebooting’ the process of engagement between the UK and Devolved Governments on the EU-UK negotiations. This letter sets out our thinking on this important subject. We have, in the meantime, received your letter of 14 June responding to our statement. As you acknowledged, we have different views on the way forward and our governments are not going to agree on the core fundamental positions with regard to the EU-UK future relationship. To our mind, this is all the more reason for us to re-double our efforts to work together for the benefit of business and communities in all parts of the United Kingdom, particularly as the option of an extension will no longer be open to the UK after the end of this month. It was because of the immutability of that deadline within the Withdrawal Agreement that we were so disappointed that the final decision was taken in advance of the meeting. While we have had the opportunity to register our views on this issue on several occasions, we would point out the difference between the quantity of meetings and other contacts between our administrations, and the quality of the engagement.
    [Show full text]