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Last updated: 25 March 2010
Introducing a Bill into the Commons
24.1 This chapter deals with the process of introducing a Bill in the House of Commons, but indicates where procedure varies for a Bill brought from the Lords. Most Government Bills are introduced under Standing Order No. 57 which requires only written notice. The notice is prepared by Parliamentary Counsel and is handed in to the Public Bill Office on the sitting day prior to that on which the Bill is to be presented.
24.2 The date of introduction will be agreed by Legislation Committee and the Strategic Communications Unit in No. 10. No Bills can be introduced on the day of the Queen's Speech which is the first day of the session. Notice of presentation can be given on the day of the Queen's Speech with Bills presented that day introduced the following day.
24.3 If a Government Bill is brought from the Lords, it must be “taken up” by a Minister in the House of Commons: the Government Whips' Office arranges for the Clerks at the Table to be notified that a Minister will take charge of the Bill. The Bill is deemed to have been read a first time and is then printed. Under Standing Order No. 57A, even if the Commons is not sitting when the Bill comes from the Lords (which will happen immediately the Bill completes its Lords stages), it can still be sent for printing and is deemed to have been read a first time on the next sitting day as long as notice is given in writing that a Minister will take charge of the Bill. This will be arranged by the Government Whips' Office.
Before Introduction: ECHR compatibility statement
24.4 The Minister taking the Bill through the Commons must make a statement on the face of the Bill setting out its compatibility with the ECHR. The statutory requirement is for the statement to be made before Second Reading and to be published in such manner as the Minister considers appropriate.
24.5 The Bill team should ensure that the Minister signs the relevant ECHR statement before introduction and that it is then sent to Parliamentary Counsel. Parliamentary Counsel will ensure that the version of the Bill first printed in each House has the statement on the face of it. If for any reason the statement will not be signed before the Bill is first printed (on entry to either House), Parliamentary Counsel should be consulted immediately. The Minister concerned should answer an arranged question saying s/he is giving consideration to the matter (or, in the Commons, make a written Ministerial statement) and will produce a statement before Second Reading.
24.6 At the back of the Bill, there must also be a list of Bill “backers”. Parliamentary Counsel will need to know the names of these “backers”, to arrange to have them put on the back of the Bill. These should include the presenting Minister, a junior Minister and other Ministers specially interested. Not more than twelve names, including that of the presenting Minister, may appear, and the number is often much smaller.
24.7 This will normally be arranged by the departmental Parliamentary Clerk, who, after consultation with the Bill team, seeks the agreement of the Bill Minister and the other Ministers concerned, and sends a written list of the backers via the legal advisor to Parliamentary Counsel, who will hand it in with the notice of presentation.
24.8 The Bill, unless brought from the Lords, is presented in “dummy form”, containing only the short and long title and the names of the backers. The Clerk at the Table reads out the short title of the Bill at the commencement of public business. The Minister (or by arrangement the Whip on the bench) stands and “nods” assent and the Bill is thereby read the first time.
24.9 On First Reading the Government Whip names the next sitting day for Second Reading; but this merely puts the business on the “the Remaining Orders and Notices” section of the Order Paper (also known as the “Future Business C” section) from day to day and enables it to be taken when convenient.
24.10 At First Reading an order is made automatically for the Bill to be printed and given a number in the Public Bill series. An order to print is also made for the Explanatory Notes. Bills and Explanatory Notes are printed by TSO.
24.11 The Bill may be published on presentation (immediately after First Reading) or on the following day. Where a Bill is to be published on presentation, the final text of the Bill and Explanatory Notes is normally supplied by Parliamentary Counsel to the Public Bill Office for printing at the same time as notice of presentation (in other words, the day before First Reading). Where a Bill is to be published the day after First Reading, the text is usually provided on the day of First Reading.
In other words, the procedure will be either:
Or, if accelerated:
24.12 Publication date is the key date in terms of publicity. Bills may be published on non-sitting Fridays, but under no circumstances should copies of the Bill be released before First Reading (although a draft Bill may of course have been published as part of pre-legislative scrutiny). In the case of emergency legislation a draft Bill has sometimes been published for the convenience of Parliament in advance of First Reading.
24.13 In the case of a very long Bill, the Public Bill Office cannot guarantee publication on the day after the final text is provided by Parliamentary Counsel. It is important that the intended date of publication is notified to the Parliamentary Clerk who, after consulting the Bill team, will arrange to receive enough copies of the printed Bill and the Explanatory Notes for the department and for any Lobby briefing or press conference. Copies for this purpose should be obtained through Parliamentary Counsel, who can arrange for them to be made available to the Minister in the Vote Office as soon as the Bill is published, together with the text of the Explanatory Notes. As a general rule, publication of a Bill cannot be delayed to fit in with a Minister's press conference. The time of publication needs to be borne in mind when arranging a statement in the House or a Lobby briefing.
24.14 The department must ensure that a Delegated Powers Memorandum is deposited in both Houses on introduction. For a Bill starting in the Commons or arriving in the Commons from the Lords, 50 copies of the Memorandum should be sent to the House of Commons Vote Office, with 10 copies sent to the Lords Printed Paper Office and to the Lords Delegated Powers and Regulatory Reform Committee.
24.15 If provisions in the Bill make reference to heavily amended Acts of which no up-to-date editions are readily available, the department should consider providing a clear, readable and up to date version of the legislation concerned. Where only some provisions of an Act are relevant, the revised edition can be limited to those provisions.
24.16 Copies should be available before, or not long after, Second Reading in the House in which the Bill is introduced. A copy should be sent to the Librarian in each House, the Clerk of Legislation in the Commons, and the Clerk of Public Bills in the Lords. For Commons starters, it will also be a good idea to send a copy directly to each Member appointed to the Public Bill Committee, to the Clerk of the Committee, and to the Clerk in the Scrutiny Unit dealing with Public Bill Committees.
24.17 If the department wishes to show how existing legislation will be changed by the Bill, this should be done as an Annex to the Explanatory Notes.
Transposition Notes on the implementation of European Directives
24.18 If the Bill implements European directives, on publication of the Bill the department should place in the libraries of both Houses a set of Transposition Notes setting out how the Government proposes to transpose the main elements of the relevant European directive into UK law. The Transposition Notes should be provided as an annex to the Explanatory Notes, so that they are available with the text of the legislation as soon as it is first published or laid before Parliament. Where a Bill implements European directives, it is important that departments plan carefully to avoid potential conflicts between European implementation deadlines and domestic Parliamentary deadlines or requirements, such as the need to consult. Transposition Notes should be copied to the devolved administrations for information purposes only, at the same time as they are submitted to Parliament.
List of relevant older papers for the House of Commons Library
24.19 The department must supply the House of Commons Library with a list of all the older papers which have relevance to the forthcoming debates on the Bill. This should be sent by the Parliamentary Clerk to the Library as soon as possible after the Bill is introduced, in preparation for Second Reading. The list should mention the Bill status, the title of the Bill and the date of First Reading (and of Second Reading, if known).
24.20 A full Impact Assessment should be published by the department to accompany the Bill introduced to Parliament. 50 copies should be placed in the Vote Office and 10 sent to the Lords Printed Paper Office. Copies should also be sent directly to the Commons Public Bill Office for placing in the Public Bill Committee room.
24.21 The Bill team should keep in touch with the department's Press Office over arrangements for publicity. Unless the Bill is of only minor importance, a short press notice will usually be drafted by the Bill team and the Press Office. This may be supported by a more detailed Press Notice to explain the purpose of each part of the Bill. This notice should be purely explanatory and must not anticipate the Second Reading debate.
24.22 A Lobby briefing (i.e. to those correspondents who have privileged access to the Lobby of the House) and/or a briefing to specialist correspondents may be desirable if the Bill is important. The Bill Minister should always be consulted on this and any Lobby briefing should be arranged through the Prime Minister's Press Secretary.
24.23 Copies of the Bill must not be made available to the press before they are available to Parliament, which may be the day after introduction if the Bill is not printed until then. For Lords starters, there can be no briefing until the day after introduction which is the earliest Lords starter Bills can be published (whereas Commons Bills can be introduced and published on the same day).
24.24 Any briefings must take place after publication of the Bill and published copies should be made available at the briefings. Where a Bill is sent to be printed overnight, copies will normally be available the following morning in time for a press conference around lunchtime. The Bill team will need to brief the Bill Minister for any Lobby or specialist correspondents briefing (e.g. with question and answer material). The legal advisor should help ensure that any publicity material is accurate, particularly when the Bill or part of a Bill is especially complex. The Press Office may also need support from the Bill team in answering press queries after publication.
24.25 Bill teams should ensure that after introduction they continue to keep in touch with external stakeholders who have been involved in developing the Bill, as these groups may influence the shape of debate on the Bill.
24.26 Immediately after Introduction, the House of Commons Library will contact the Bill team for background information about the Bill as they prepare a Research Paper on the Bill. The paper is usually published before Second Reading and can be used by Members during debate.
Checklist for Commons Introduction:
If desired after introduction: