Statutes are laws made by Parliament. They are also known as Acts of Parliament or legislation. Parliament consists of two Chambers: the House of Commons and the House of Lords. The Commons is made up of Members of Parliament (MPs) who are elected by the citizens of the UK. The Lords is currently made up of Life Peers, Hereditary Peers, senior Bishops and Law Lords (senior judges). Following amendments made in the Constitutional Reform Act 2005 there is to be a new Supreme Court which will replace the current House of Lords as the final appeal court. Consequently Law Lords will no longer sit in the House of Lords Chamber of Parliament. This move is to strengthen the separation of powers. Earlier reforms sought to remove the Hereditary Peers. Many of which have already been removed and they will eventually be phased out completely.
Statutes begin as a Bill. There are three types of Bill:
Public Bill - Introduced by the Government on matters of public policy which affect the country as a whole. Most statutes will start as a public Bill. Public Bills are often proceeded by Government Papers. A Green Paper, a consultative document, setting out the Government's intention to reform an area of law or introduce a new law. It will often give various options for implementing the policy. The Green Paper will invite responses from interested parties and set a deadline for receiving responses. Once the responses have been received the Government may then issue a White Paper setting a firm proposal of policy. This will often contain a draft Bill.
Private Bill - Introduced by Local Authorities or large public companies. These do not affect the general public as a whole just those who introduced the Bill and those who use its services. Individuals or organisations may petition against such Bills if they object to their introduction. Private Bills broadly follow the same legislative process as Public Bills although there are some differences. A more detailed consideration of the different processes can be found here.
Private Members' Bill - Introduced by individual backbenchers (ie MPs who are not Government Ministers, or Lords). These can be introduced either by the Ballot system or under the 10 minute rule. Many Private Members' Bill will not become an Act of Parliament as they lack the backing of party support, although, they often raise debate of important issues and may influence Government to introduce a Public Bill if support for the issue is strong. A list of successful Private Members' Bill can be found here. Notable examples include the Abortion Act of 1967 and the infamous Dangerous Dogs Act 1990.
The legislative process
Bills can be introduced into either the House of Commons or the House of Lords (except Finance Bills which must start in the Commons). The Minister responsible for introducing the Bill must a statement under s.19 of the Human Rights Act declaring whether the Bill, in their opinion is either compatible or incompatible with the rights conferred under the European Convention of Human Rights. The Bill then follows the following stages:
First Reading
The title of the Bill and its main aims are read out. This is generally a notification procedure announcing the date of the more important second reading where the main debates will take place.
Second Reading
The Bill is read in full. The main debate takes place on any controversial or contentious issues. You can view on-line Parliamentary debates here. The Joint Select Committee on Human Rights will report on whether any Human Rights issues arise. The House will vote on whether to proceed.
The Committee stage
The Bill will be subject to a clause by clause scrutiny by a Committee generally made up of 16-50 members. This is generally an exercise in eliminating drafting errors rather than looking at the policy matters behind the Bill. The Committee may propose amendments.
Report stage
The committee reports its findings to the House of origin. The proposed amendments are debated and there will be a vote on whether to accept the amendments.
Third Reading
The Bill is read in full. There will only be a debate at this stage if at least six MPs request it. A vote will take place as to whether the Bill should proceed.
If the Bill successfully passes all these stages it then proceeds to the alternative Chamber. If it started in the Commons it passes to the Lords and vice versa. Once the Bill successfully progresses through both Houses it then goes to:
Royal Assent
This is a formal procedure whereby the Queen signs the Bill and it formally becomes an Act of Parliament. Generally the newly created statute will contain a date for implementation shortly following Royal Assent. In some Acts, particularly lengthy Acts, the date for implementation may be some time after receiving Royal Assent to allow businesses, organisations and individuals to adapt and prepare for the changes. eg Human Rights Act of 1998 was implemented in Oct 2000 and many provisions in the Companies Act 2006 were not implemented until Oct 2008.
You can find Bills currently before Parliament and track their progress here.
Parliament Acts 1911 & 1949
The Parliament Act 1911 removed the House of Lords' power of absolute veto over legislation. The Lords at most could delay a Bill for two years. The Parliament Act of 1949 reduced the delay period to one year. This power has not been used on many occasions.
Statutes passed without approval of the Lords under the 1911 Act:
Government of Ireland Act 1914
Welsh Church Act 1914
Parliament Act 1949
Statutes passed without approval of the Lords under the 1949 Act:
War Crimes Act 1991
European Parliamentary Elections Act 1999
Sexual Offences Amendment Act 2000
Hunting Act 2004
Following the introduction of the Hunting Act 2004, the Countryside Alliance challenged the validity of the Parliament Act 1949 given that it had itself been passed without the approval of the Lords. The case went to the House of Lords with no less than nine Law Lords hearing the appeal. The House of Lords unanimously confirmed the validity of the Parliament Act 1949.
For a more detailed consideration of the application and challenges of the Parliament Acts see:
