Before legislation can ever be passed as an Act, it first has to get through a very long process of review and revision. This includes everything from the first idea, to Green Papers and White Papers, then becoming a Bill. This will be scrutinised more before it can eventually become an Act of Parliament.
This intensive process means that there is plenty of time and opportunity for both Parliament, a variety of outside groups and the general public to make suggestions and object to any potentially problematic points. Indeed, many ideas won’t make it past certain stages because of this, or they may be considerably different from how they started.
In this blog post, we will be looking at the first half of this process – from the first idea to becoming a Bill. We will then study the second part in a later blog post, where the Bill becomes an Act.
Idea
The very first stage in the law-making process is the initial idea for a new law. There are many different places this can come from. For example, it may be an individual MP bringing the concerns of their constituents to Parliament’s attention, it could be a Peer from the House of Lords or possibly the Government itself. In this case, it is likely to be in response to a specific need or gap in legislation highlighted by a Government department in their normal line of work.
Alternatively, the idea may come from the media or a specially formed group of members of the public. This is one way in which you can affect the law and help to make changes, especially in response to a recent event (although this may prompt new legislation anyway). To help with starting this process, the media or groups might carry out research into why the new law is needed and how it can be implemented effectively.
The final source we will be considering is pressure groups. These are organisations who try to influence the law without actually standing for Parliament. They may do this by lobbying MPs, talking to the media or by planning protests and marches. Any of these can then lead to an idea for new legislation.
Green Paper
Once the idea has been discussed, the Government will set out their plans in a Green Paper. This is a type of consultation document and gives individuals and bodies both inside and out of Parliament the chance to read and raise any objections or suggestions. They are available for anyone to view on the relevant Government department website. Green Papers are called this because they were originally printed on green paper to distinguish them from other government documents.
The Green Paper will list the issues that it is setting out to resolve and some potential solutions and courses of action, including what new legislation could be made. A Green Paper will come from the Government department that deals with the particular area of law and will either be from an idea that they had or one that was brought to their attention.
Normally, a Green Paper is written within the Government department it concerns, as they have the necessary expertise and knowledge. However, they may sometimes work with other bodies and organisations to make the best possible plan. This occurs in areas such as social care, where they may well specifically ask stakeholders and the general public for their views before even starting to write the Green Paper. This was the case with the Care and Support Green Paper, which had a six-month consultation period before it was written.
Consultation Period
However, the consultation period usually comes after the Green Paper has been published. It must be at least three months and the Government will invite comment from any affected organisations, public bodies, stakeholders and groups of individuals. This is an opportunity for affected groups to make their views known and suggest any changes, which helps to keep law-making democratic.
The Government department responsible will then review these comments and suggestions. This can help them to identify any problems with their plans, as well as giving them ideas on what would work better and how they could improve it. If there are any objections, they may well have to start from scratch to find a more acceptable option.
White Paper
Once any changes have been made, a White Paper will be produced. At this point, it is a proposal for law, not a consultation like a Green Paper. A White Paper is a fairly firm plan for the intended law, so changes are less likely. However, some White Papers may still invite comments, which will be incorporated into the next stage. After a White Paper has passed review and any necessary changes have been made, it becomes a Bill. We will look at how a Bill becomes law in my next blog post.
Wrapping Up
I hope that this helps you to understand the law-making process. We will be continuing this in my next blog post, so do come back in two weeks for that!
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