A bill is a proposal for a new law or a change to an existing law. It can be introduced in either house of the parliament, except a finance bill which can only be introduced in the National Assembly.
A bill is proposed legislation under consideration by a legislature.[1] A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act of the legislature, or a statute. Bills are introduced in the legislature and are discussed, debated and voted upon .
Usage
The term bill is primarily used in Anglophone nations. In the United Kingdom, the parts of a bill are known as clauses, until it has become an act of parliament, from which time the parts of the law are known as sections.[2]
In Napoleonic law nations (including France, Belgium, Luxembourg, Spain and Portugal), a proposed law may be known as a "law project" (Fr. projet de loi), which is a government-introduced bill, or a "law proposition" (Fr. proposition de loi), a private member's bill. For example the Dutch parliamentary system does not make this terminological distinction (wetsontwerp and wetsvoorstel being used interchangeably).
Preparation
The preparation of a bill may involve the production of a draft bill prior to the introduction of the bill into the legislature.[3] In the United Kingdom, draft bills are frequently considered to be confidential.[4] Pre-legislative scrutiny is a formal process carried out by a parliamentary committee on a draft bill.[5] It is required in much of Scandinavia, occurs in Ireland at the discretion of the Oireachtas (parliament) and occurs in the UK at the government's discretion.[6]
Introduction
In the Westminster system, where the executive is drawn from the legislature and usually holds a majority in the lower house, most bills are introduced by the executive (government bill). In principle, the legislature meets to consider the demands of the executive, as set out in the Queen's Speech or Speech from the Throne.
While mechanisms exist to allow other members of the legislature to introduce bills, these are subject to strict timetables and usually fail unless a consensus is reached. In the US system, where the executive is formally separated from the legislature, all bills must originate from the legislature. Bills can be introduced using the following procedures:
Leave: A motion is brought before the chamber asking that leave be given to bring in a bill. This is used in the British system in the form of the Ten Minute Rule motion. The legislator has 10 minutes to propose a bill, which can then be considered by the House on a day appointed for the purpose. While this rule remains in place in the rules of procedure of the US Congress, it is seldom used.
Government motion: In jurisdictions where the executive can control legislative business a bill may be brought in by executive fiat.
Legislative stages
Main article: Reading (legislature)
Bills are generally considered through a number of readings. This refers to the historic practice of the clerical officers of the legislature reading the contents of a bill to the legislature. While the bill is no longer read, the motions on the bill still refer to this practice.
In the British/Westminster system, a bill is read the first time when it is introduced. This is accompanied by an order that the bill be printed and considered again. At the second reading the general merits of the bill are considered – it is out of order to criticise a bill at this stage for technical defects in drafting. After the second reading the bill is referred to a committee, which considers the bill line by line proposing amendments. The committee reports to the legislature, at which stage further amendments are proposed. Finally a third reading debate at which the bill as amended is considered in its entirety. In a bicameral legislature the process is repeated in the other house, before the Bill is submitted to the executive for approval.