…..Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the legislative body of a jurisdiction (often a parliament or council).[1] In most countries with a parliamentary system of government, acts of parliament begin as a bill, which the legislature votes on. Depending on the structure of government, this text may then be subject to assent or approval from the executive branch.
Bills[edit]
A draft act of parliament is known as a bill. In other words, a bill is a proposed law that needs to be discussed in the parliament before it can become a law.
In territories with a Westminster system, most bills that have any possibility of becoming law are introduced into parliament by the government. This will usually happen following the publication of a "white paper", setting out the issues and the way in which the proposed new law is intended to deal with them. A bill may also be introduced into parliament without formal government backing; this is known as a private member's bill.
In territories with a multicameral parliament, most bills may be first introduced in any chamber. However, certain types of legislation are required, either by constitutional convention or by law, to be introduced into a specific chamber. For example, bills imposing a tax, or involving public expenditure, are introduced into the House of Commons in the United Kingdom, Canada's House of Commons, Lok Sabha of India and Ireland's Dáil as a matter of law. Conversely, bills proposed by the Law Commission and consolidation bills traditionally start in the House of Lords.
Once introduced, a bill must go through a number of stages before it can become law. In theory, this allows the bill's provisions to be debated in detail, and for amendments to the original bill to also be introduced, debated, and agreed to.
In bicameral parliaments, a bill that has been approved by the chamber into which it was introduced then sends the bill to the other chamber. Broadly speaking, each chamber must separately agree to the same version of the bill. Finally, the approved bill receives assent; in most territories this is merely a formality and is often a function exercised by the head of state.
In some countries, such as in France, Belgium, Luxembourg, Spain and Portugal, the term for a bill differs depending on whether it is initiated by the government (when it is known as a "draft"), or by the parliament (a "proposition", i.e., a private member's bill).
Procedure[edit]
Australia[edit]
In Australia, the bill passes through the following stages:
- First reading: This stage is a mere formality; it involves the reading of the title of the proposed bill and distribution of the bill to members of parliament.
- Second reading: As in the UK, the stage involves a debate on the general principles of the bill and 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
- Consideration in detail: This usually takes place on the floor of the House. Generally, committees sit on the floor of the House and consider the bill in detail.
- Third reading: A debate on the final text of the bill, as amended. Very rarely do debates occur during this stage.
- Passage: The bill is then sent to the other House (to the Senate, if it originated in the House of Representatives; to the House of Representatives, if it is a Senate bill), which may amend it. If the other House amends the bill, the bill and amendments are posted back to the original House for a further stage. The State of Queensland's Parliament is unicameral and skips this and the rest of the stages.
- 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 backward and forward 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.
- Disagreement between the Houses: Often, when a bill cannot be passed in the same form by both Houses, it is "laid aside", i.e. abandoned. There is also a special constitutional procedure allowing the passage of the bill without the separate agreement of both houses. 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 simultaneously and call an election for the entire Parliament. This is called a double dissolution. After the election, if the House again passes the bill, 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. Although the House and the Senate sit as a single body, bills passed at a joint sitting are treated as if they had been passed by each chamber separately. The procedure only applies if the bill originated in the House of Representatives. Six double dissolutions have occurred, though a joint sitting was only held once, in 1974.
- The bill is sent to the viceroy (the Governor-General for the Commonwealth; the Governor for a State; the Administrator for a Territory) for the royal assent. Certain bills must be reserved by the viceroy for the King's personal assent. Acts in the Australian Capital Territory do not require this step.
Canada[edit]
In Canada, the bill passes through the following stages:
- First reading: This stage is a mere formality.
- Second reading: As in the UK, the stage involves a debate on the general principles of the bill and 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.
- Committee stage: This usually takes place in a standing committee of the Commons or Senate.
- Standing committee: The standing committee is a permanent one; each committee deals with bills in specific subject areas. Canada's standing committees are similar to the UK's select committees.
- Special committee: A committee established for a particular purpose, be it the examination of a bill or a particular issue.
- Legislative committee: Similar to a special committee in that it is established for the consideration of a particular bill. The chairmanship is determined by the Speaker, rather than elected by the members of the committee. Not used in the Senate.
- Committee of the Whole: The whole house sits as a committee in the House of Commons or Senate. Most often used to consider appropriation bills, but can be used to consider any bill.
The committee considers each clause of the bill, and may make amendments to it. Significant amendments may be made at the committee stage. In some cases, whole groups of clauses are inserted or removed. However, if the Government holds a majority, 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).
- Report stage: this takes place on the floor of the appropriate chamber, and allows the House or Senate to approve amendments made in committee, or to propose new ones.
- Third reading: A debate on the final text of the bill, as amended.
- 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), where it will face a virtually identical process. If the other House amends the bill, the bill and amendments are sent back to the original House for a further stage.
- 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.
- 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 reading, the motion is "That this bill be now read a second time and be referred to [name of committee]" and for third reading "That this bill be now read a third time and pass." In the Committee stage, each clause is called and motions for amendments to these clauses, or that the clause stand part of the bill are made. In the Report stage, the debate is on the motions for specific amendments.
Once a bill has passed both Houses in an identical form, it is presented to the Governor General, who gives it royal assent. Although the Governor General can refuse to assent a bill, this power has never been exercised.[2]
Bills being reviewed by Parliament are assigned 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 bills, and are introduced at the beginning of each session in order to assert the right of each Chamber to manage its own affairs. They are introduced and read a first time, and then are dropped from the Order Paper.
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