Making an Act of Parliament

An Act is known by many different names, including primary legislation, a parent Act or a Statute
There are many stages involved in making an Act of Parliament:

• First, the Act starts out as part of a Manifesto, or from sources like the media, pressure groups and public opinion
• It then becomes a rough set of ideas written on a piece of green paper. This 'Green Paper' is the first draft of the Act
• Once the Green Paper has been discussed and debated, the ideas are refined and written on a piece of white paper. This 'White Paper' is the next step taken before the Act can be passed
• Once the Bill has been written in its entirety, it moves through the Houses of Parliament

There is a lengthy process getting the Bill/proposed Act through the Houses of Parliament and it goes as follows:

1. The Bill is finished
2. First Reading - the title of the Bill is read to the House of Commons
3. Second Reading - the proposals are fully debated - the MPs vote whether to proceed
4. Committee Stage - a detailed examination of the Bill - amendments can be made
5. Report Stage - the Committee reports back to the House and a vote is taken after experts in the subject of the Act are consulted
6. Third Reading - the Bill is represented to the House and a vote is taken
7. The House of Lords (or the House of Commons if the Bill started in the Lords) - the Bill goes through a similar process in the Lords. Any amendments must go back to the Commons for consideration. The House of Lords checks Bills and improves them. It can delay some laws for up to a year but they CANNOT block legislation
8. Royal Assent (confirmation from the Queen) - The Parliament Acts of 1911 and 1949 allow Royal Assent to be given without the approval of the Lords. Examples of when this happened are:

• The War Crimes Act 1991
• European Parliamentary Elections Act 1999
• Sexual Offences (Amendment) Act 2000
• The Hunting Act 2004

In theory the Queen must give her consent to all legislation before it can become law:

• In practice consent is never refused
• The Bill then becomes an Act of Parliament and the law

Acts of Parliament contain the following statement, and now because of the HRA 1998, must state whether they are compatible or incompatible with human rights:

"Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows."

All statutes begin as a Bill. There are 3 different types of Bill:

• Public Bills - Bills that affect everyone
• Private Members' Bill - brought forward by a private member of Parliament e.g - The Marriage Act
• Private Bills - only affect a local area e.g The Whitehaven Harbour Bill