The Legislative Process in England and Wales

Introduction

The legislative process is frequently criticized in England and Wales for being sluggish, antiquated, and undemocratic. This essay aims to analyze and evaluate this statement by examining the key processes and procedures involved in lawmaking, using pertinent statutes and case law as illustrations. This essay will identify the proper steps required for a Bill to become law in the United Kingdom, explain the key processes and procedures relevant to lawmaking, describe the procedures involved in creating at least one source of law, and assess the efficacy of the process by which a source of law is created. In addition, this essay will examine the historical tradition, the democratic nature of the process, time-related concerns when attempting to pass a bill through parliament, and the adaptability of various Bills. This paper aims to provide a thorough analysis and evaluation of the legislative process in England and Wales, highlighting its positive and negative aspects.

Green and White Papers

Green and White Papers are frequently used to initiate policy proposals and consultation in the legislative process. The government releases Green Papers to solicit public feedback on a policy proposal. They stimulate discussion and debate among stakeholders, such as individuals, interest organizations, and businesses (House of Commons, 2010). The consultation process is intended to refine the proposal before its formalization as a bill. The purpose of non-binding Green Papers is to provide the government with a comprehension of public opinion and to aid in forming policy decisions. On the other hand, White Papers are more formal and comprehensive documents that outline the government’s policy decisions in response to the feedback received during the Green Paper consultation process. White Papers are frequently used to present a comprehensive policy proposal and can serve as the foundation for legislative action (Stegmaier et al., 2021). They are more detailed than Green Papers and provide information on policy implementation.

Green and White Papers are essential to the legislative process because they facilitate democratic participation and public consultation. By engaging the public and interest groups, policymakers can obtain valuable feedback on proposed legislation, which can contribute to Bill’s final form (House of Commons, 2010). This ensures that the Bill reflects the concerns and priorities of a broad spectrum of stakeholders. However, the Green and White Papers are not without their limitations. While they provide an opportunity for public input, it is ultimately up to the government to determine whether or not to act on the comments received. In addition, the consultation procedure can be lengthy, and there may be delays in transforming proposals into legislation. In England and Wales, the Green and White Papers play an essential role in the legislative process and are widely used in policy development. Green and White Papers are valuable for engaging the public and influencing policy decisions. Although they are not legally binding, consultations and democratic participation in the legislative process are facilitated by them. By providing a forum for public debate and input, Green and White Papers can help to ensure that the proposed legislation reflects the concerns and priorities of a diverse group of stakeholders.

Types of Bills

In England and Wales, several distinct types of Bills may be introduced during the legislative procedure. Each Bill type has its distinct characteristics, procedures, and requirements. This section will focus on the three primary categories of Bills: hybrid, public, and private. Hybrid Bills are a form of legislation that affects both public and private interests. These bills are comparatively uncommon and are typically introduced to address major infrastructure projects, such as constructing a railway or road (Stegmaier et al., 2021). For hybrid bills, a special procedure involving a select committee that considers petitions from those who may be affected is required. This procedure permits individual interests to be represented and heard before the enactment of a bill. The most prevalent form of legislation, Public Bills, are introduced by the government or private members of parliament to resolve matters of public interest. These Bills encompass various subjects, ranging from tax policy to social issues (Partzsch, 2020). As the parliamentary process specifies, public bills are subject to a specific set of procedures and requirements, including readings, committee stages, and Royal Assent.

Private individuals or organizations introduce private bills to resolve specific issues that affect their interests. These Bills are typically used to obtain approval for initiatives such as constructing a new airport or railway (Partzsch, 2020). Private Bills require the same procedures as Public Bills, in addition to a special committee to review petitions from those who may be affected by the Bill. Each variety of BillS has its own set of procedures and requirements that must be met before becoming law. A unique procedure involving a select committee hearing petitions from affected parties is required for hybrid bills. Public and Private Bills must follow procedures, including readings, committee stages, and Royal Assent, to become law. Understanding the differences between these Bills is crucial for anyone seeking to participate in the English and Welsh legislative process.

The Legislative Process

In England and Wales, a Bill must pass through several phases of the legislative process before becoming law. Here, we will examine each procedure phase in depth (Walkland, 2021).

1. The first reading is Bill’s formal introduction to the House of Representatives. The title of the Bill is read aloud, but there is no debate at this point.
2. Second Reading: During the second reading, the House of Commons or House of Lords debates the Bill. Members of Parliament or peers may debate Bill’s merits and flaws, but no amendments are permitted.
3. After the second reading, the Bill is thoroughly examined by a committee of legislators or peers. This stage allows amending the Bill.
4. Once the committee has completed its review of the Bill, it is returned to the House of Commons or the House of Lords for consideration during the report stage. This stage provides for additional debate and bill amendments.
5. Third Reading: The ultimate stage in the House of Commons or House of Lords is the third reading. The Bill is debated at this point, and any last-minute changes are made.
6. If the Bill were amended during the report stage or third reading, it would be sent back to the House of Commons or House of Lords for consideration of the amendments. If the amendments are accepted, the Bill advances to the subsequent stage.
7. Royal Assent: The ultimate stage is Royal Assent, in which the monarch signs the Bill, and it becomes a law.

Bills may be introduced in either the House of Commons or the House of Lords, but they must pass through the same stages before receiving Royal Assent. At each stage of the legislative process, parliament members and their colleagues can debate and scrutinize the Bill in great detail (Walkland, 2021). This enables democratic participation and ensures that future issues or concerns are addressed before Bill’s enactment. However, this procedure can be time-consuming and may delay the enactment of crucial legislation.

Recent Legislation

Several noteworthy laws have been passed that serve as examples of the lawmaking process in action in recent years. Two prominent examples are the 2020 Coronavirus Act and the 2015 Modern Slavery Act. The Coronavirus Act of 2020 was enacted in response to the pandemic of COVID-19 that swept the globe in 2020. The Act contains a variety of emergency measures to combat the outbreak, such as provisions for closing businesses, canceling events, and limiting public gatherings. In addition, the Act contains measures to support health and social care services and to administer the deceased during the pandemic. The Act was swiftly enacted by both Houses of Parliament with little opposition and received Royal Assent on March 25, 2020. Some of the Act’s provisions, such as those about the detention and isolation of individuals suspected of having the virus, have been argued by critics to violate civil liberties.

The Modern Slavery Act of 2015 was enacted in response to rising concerns regarding the prevalence of slavery and human trafficking in the United Kingdom and worldwide. The Act contains a variety of measures designed to prevent and detect modern slavery, such as the appointment of an Anti-Slavery Commissioner and the mandate that certain corporations publish an annual slavery and human trafficking statement (Christ & Burritt, 2021). In addition, the Act created new crimes for slavery, servitude, compelled or compulsory labor, and human trafficking. The Act was enacted with support from all parties and received the Royal Assent on March 26, 2015. Critics of the Act contend that it does not go far enough in addressing the issue of modern slavery and that the reporting requirements for businesses are insufficient.

Evaluation of the Legislative Process

The legislative process has been described as “slow, antiquated, and undemocratic.” Undoubtedly, aspects of the process can be enhanced, but there are also positive aspects to consider. The quantity of scrutiny and debate that goes into creating new laws is a positive aspect of the legislative process. In both Houses of Parliament, bills must pass through multiple stages, including readings, committee stages, and report stages. During these stages, elected officials, legal experts, and other interested parties examine and debate the proposed law. This scrutiny ensures that new laws are carefully considered and in the public’s best interests. In addition, the legislative process is designed to be open and transparent, allowing for public participation and feedback. There may be Green or White Papers outlining the government’s intentions and inviting public comment before the introduction of a bill. There may be consultations and committee proceedings throughout the legislative process where interested parties can present evidence and express their opinions. This level of transparency and participation can contribute to the legislative process being democratic and representative.

However, there have been criticisms of the legislative process’s negative aspects. Bills can take months or even years to advance through parliament, which is one of the most common criticisms of the system. This can be frustrating for those the proposed law will impact, and it can delay the implementation of essential reforms. In addition, the legislative process can be difficult to comprehend for non-legally trained public members. This can make it challenging for average citizens to participate in the process and have their voices heard.

In conclusion, while there are flaws in the legislative process, there are also positive aspects that should not be disregarded. By ensuring that new laws are scrutinized and debated and providing opportunities for public engagement and input, the process can help ensure that new laws are democratic and in the public interest. However, efforts should also be made to address the inaccessibility and inefficiency of the procedure, such as its complexity and delays.

References

Christ, K.L. and Burritt, R.L. (2021) “Accounting for modern slavery risk in the time of covid-19: Challenges and opportunities,” Accounting, Auditing & Accountability Journal, 34(6), pp. 1484–1501. Available at: https://doi.org/10.1108/aaaj-08-2020-4726.

House of Commons (2010) White and green papers – publications. Parliament.UK, Weekly Information Bulletin: May 29, 2010. House of Commons. Available at: https://publications.parliament.uk/pa/cm201011/cmwib/wb100529/wgp.htm (Accessed: April 2, 2023).

Partzsch, L. (2020) Alternatives to multilateralism new Social and Environmental Governance forms. Cambridge, MA: The MIT Press.

Rogerson, M. et al. (2020) “Organisational responses to mandatory, modern slavery disclosure legislation: A failure of experimentalist governance?,” Accounting, Auditing & Accountability Journal, 33(7), pp. 1505–1534. Available at: https://doi.org/10.1108/aaaj-12-2019-4297.

Stegmaier, P., Visser, V.R. and Kuhlmann, S. (2021) “The incandescent light bulb phase-out: Exploring patterns of framing the governance of discontinuing a socio-technical regime,” Energy, Sustainability and Society, 11(1). Available at: https://doi.org/10.1186/s13705-021-00287-4.

Walkland, S.A. (2021) “Proposals for the legislative process reform,” The Legislative Process in Great Britain, pp. 91–104. Available at: https://doi.org/10.4324/9781003227274-8.