Private Member's Bill
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- For a bill enacted that affects only an individual citizen or group, see private bill.
A Private Member's Bill is a proposed law introduced by a backbench member of parliament, whether from the government or the opposition side, to that legislature or parliament. In most parliaments within the Westminster System of parliamentary democracy, the overwhelming majority of bills introduced are proposed by members of the Cabinet. However some parliamentary time is often set aside so that backbenchers may introduce bills also. Note that a Private Member's Bill should not be confused with a private bill; Private Members' Bills are in fact public bills.
In reality, few Private Members' Bills make it to enactment. In some cases, controversial measures that a government does not want to take responsibility for may be introduced by backbenchers, with the government secretly or openly backing the measure and ensuring its passage. They are sometimes known as "Government handout bills". The Abortion Act 1967 was enacted in the United Kingdom through this means, with the Bill itself being introduced by a Liberal Party Member of Parliament, David Steel; through the support from Home Secretary Roy Jenkins the Bill was given enough government time to allow a full debate.
Other Private Member's Bills to have been enacted include the Adoption Act 1964, the Murder (Abolition of Death Penalty) Act 1964, the Charter Trustees Act 1986, the Law Reform (Year and a Day Rule) Act 1996, the Knives Act 1997, the British Nationality (Hong Kong) Act 1997, the Female Genital Mutilation Act 2003, the Gangmasters (Licensing) Act 2004.
The United Kingdom parliament has a long history of enacting Private Member's Bills. In contrast, Ireland's parliament, the Oireachtas Éireann, rarely passes Private Members Bills, with the overwhelming number of Bills being passed all being introduced by members of the Irish government.
[edit] Private Member's Bills in the United Kingdom
In the United Kingdom House of Commons, there are several routes to introducing Private Members' Bills. In each session, twenty backbench MPs are selected by ballot to introduce a bill. These bills are given priority for debate and generally offer the best chance of success. Additional bills may be introduced via the Ten Minute Rule, although this is usually used just to raise an issue rather than legislate on it, or through presentation without debate under Standing Order 57. Neither Ten Minute Rule or presentation bills are likely to get time to be debated, so only non-controversial bills have any chance of success. Private Members' Bills from the Lords may also be adopted by an MP to complete their journey through Parliament.
Private member's bills can sometimes become the cause for much anxiety and shenanigans as outside individuals or organisations seek to influence members who have been selected in the ballot.
There are two principal routes for influencing UK law:
- Lobbying a government department or minister.
- Lobbying a member of parliament who has a private members bill coming up.
[edit] British House of Commons procedure
In principle, Private Members' Bills follow much the same parliamentary stages as any other bill. In practice, the procedural barriers to passage are much greater.
Time is allocated for Private Members' Bills on 13 Fridays a year in the House of Commons. Five hours of time are available on each day and Several Private Members' Bills will be scheduled for each session. In order for a bill to get a vote on second reading,
Unlike Government bills, debates are not timetabled and there is no guarantee that the debate will finish within the time available. MPs opposed to a Private Members' Bill, including Government ministers and whips, will routinely attempt to talk out the bill, stopping further progress by preventing a vote. The bill's proponent can force a vote only with the support of at least a hundred members (and a majority of those voting)[1]. As many MPs return to their constituencies on Thursday night, this has the practical effect of blocking all Private Members' Bills without solid support.
It is quite possible for the first bill to take up all five hours, preventing any other bill on the agenda from being debated. Any bill not debated may receive second reading without debate at the end of the session, but a single shout of "object!" will delay consideration to a future date; Government and opposition whips routinely block contentious Private Members' Bills in this way. Another date for second reading will also be set for bills which have been talked out. This is a formality; the bill will be put to the bottom of the order paper, will likely be objected to on each future occasion and has no practical chance of success.
Even if second reading is passed, a bill is likely to need the support of the government to become law. The bill will be referred to standing committee, which may make amendments. The amended version of the bill will then return to the Commons. To become law, it must also successfully negotiate report stage and third reading, as well as the House of Lords. Contentious bills are likely to run out of parliamentary time unless the government allocate some; any pending Private Members' Bills lapse at the end of each parliamentary session.
Private members bills may also originate in the House of Lords. To become law, these bills must be adopted by an MP and passed in the same way as a Commons originated bill.
