H418/02 - Parliamentary legislation
A proposal to change the law must become more than a government announcement. Learn how policy papers and different bills lead into scrutiny by the Commons and Lords, and how Royal Assent completes the ordinary passage of a bill into an Act.
From consultation to a proposal
Government can seek views before deciding what legislation to propose.
A Green Paper is a government consultation document. It sets out ideas or options and invites responses from people inside and outside Parliament. Consultation can reveal consequences that officials have missed. A proposal for safer rented homes, for example, might invite tenants, landlords and local authorities to explain the costs and practical difficulties of different inspection systems.
A White Paper sets out government policy proposals more firmly. It can explain the approach the government intends to take and provide a basis for future legislation. It may still invite responses. The difference is the document's purpose: exploring options through consultation, compared with setting out a more developed policy. Neither document is an Act, and neither by itself gives an official power to fine a landlord.
Imagine an original policy exercise in which a Green Paper asks whether inspections should be annual or triggered by complaints. Evidence reveals that complaint systems miss vulnerable tenants. A later White Paper proposes regular inspections. That explains how consultation might influence policy; it does not mean Parliament must accept the proposal. A bill is the draft legislation subsequently presented to Parliament. It translates policy into proposed legal provisions, called clauses.
Green Paper, White Paper and bill are a possible sequence, not three compulsory steps for every law. A bill can be introduced without both papers. A consultation can also lead to abandoning an idea. Distinguishing proposals from legal rules matters whenever someone claims that an announced policy already changes their rights. Parliament's Green Paper definition and White Paper definition explain their different functions.
What the bill changes and who introduces it
The scope of a bill and its sponsor answer different questions.
A public bill changes the general law. It might affect everyone or a general category, such as employers or tenants. A government minister commonly introduces it. An original proposed rule requiring all residential landlords to provide an annual safety certificate would be a public bill even though people who own no rented property would not be directly affected.
A private bill seeks particular powers or benefits for specified people or organisations beyond, or in conflict with, the general law. For example, an original harbour authority might seek statutory powers specific to its harbour. Its limited target distinguishes it from a nationwide rule for all harbour authorities. Private bills have special procedures protecting people who are specially and directly affected, including opportunities to petition against them. The public-bill route taught below should not be treated as a complete account of those special procedures. Parliament's private-bill guide explains this distinction.
A private member's bill is a public bill introduced by an MP or member of the Lords who is not a government minister. “Private member” describes the sponsor, not a private legal benefit. An original backbench MP's proposal to protect all tenants from a particular unsafe practice is therefore a private member's bill and a public bill. It must still complete the relevant legislative stages. Limited parliamentary time means that gaining government or cross-party support can be important to its success.
Classify by asking what legal change is proposed, then who introduces it. Do not assume that a bill supported by only one MP is private, or that a bill affecting a single economic sector must be private. A category-wide change belongs to the general law. Parliament's private members' bill guide confirms that these are public bills.
Scrutiny in the House of Commons
The Commons separates deciding whether a public bill is acceptable in principle from examining its legal detail.
The House of Commons consists of elected MPs. For an ordinary public bill beginning there, the principal stages have different functions:
| Stage | What it does |
|---|---|
| First reading | Formally introduces the bill, normally without debate; its title is read and publication is ordered. |
| Second reading | Debates its general principles and purpose; the House decides whether it should proceed. |
| Committee stage | Examines clauses and schedules in detail, considering amendments and whether provisions should remain. |
| Report stage | Returns the bill to the House, giving MPs further opportunities to consider and propose amendments. |
| Third reading | Debates the bill in its final form and decides whether to approve it. Amendments cannot be made at this Commons stage. |
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