Private Members Bills

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Not to be confused with Private bill or Private law.
A private member's bill in a parliamentary system of government is a bill (proposed law) introduced into a legislature by a legislator who is not acting on behalf of the executive branch. The designation "private member's bill" is used in most Westminster System jurisdictions, in which a "private member" is any member of parliament (MP) who is not a member of the cabinet (executive). Other labels may be used for the concept in other parliamentary systems; for example, the label member's bill is used in the Scottish Parliament and the New Zealand Parliament,[1][2] and the term private senator's bill is used in the Australian Senate.[3] In presidential systems with a separation of the executive from the legislature, the concept does not arise since the executive cannot initiate legislation, and bills are introduced by individual legislators (or sometimes by popular initiative).
In the Westminster System, most bills are "government bills" introduced by the executive, with private members' bills the exception; however, some time is set aside in the schedule for reading such bills. They may be introduced by non-ministerial MPs from government-supporting parties (backbenchers), by members of opposition parties (frontbencher or backbencher), or by independents or crossbenchers. The United Kingdom parliament has a long history of enacting private members' bills. In contrast, the Oireachtas (parliament) of the Republic of Ireland rarely passes private members' bills, with the overwhelming number of bills being passed being introduced by members of the cabinet.[4]
A private member's bill is not to be confused with a private bill, which is a bill that only affects an individual citizen or group.
In Australia, a draft bill is prepared by Parliamentary Counsel, acting under instructions from the private member. After community consultation, the member introduces the bill into the Parliament.
Only 30 private members' bills or private senators' bills introduced into the Australian Parliament since 1901 have been passed into law.[4] Of these, thirteen have been initiated by senators, ten by members and seven by the Speaker and Senate President. A larger number have passed one house but not the other. An even larger number did not pass the house in which they were introduced and thus lapsed.
Among the most notable of the successful bills was the Commonwealth Electoral Bill 1924, which introduced compulsory voting for federal elections. This was introduced by Senator for Tasmania Herbert Payne of the Nationalist Party[5] on 16 July 1924, passed by the Senate on 23 July, passed by the House of Representatives on 24 July – both times with little debate – and given Royal Assent on 31 July. Despite much public debate ever since on the issue of compulsory voting, the legislation has never been repealed.
Another very notable private member's bill was the Euthanasia Laws Bill 1996, which deprived the Northern Territory, Australian Capital Territory and Norfolk Island legislatures of the power to make laws permitting euthanasia. This was introduced by Kevin Andrews, Member for Menzies, after the Northern Territory Legislative Assembly had passed such a law, the Rights of the Terminally Ill Act 1995. Although Andrews was a member of the Liberal Party, members and senators were allowed a conscience vote on the issue, and each side of the debate was supported by members and senators from all political parties.
A private member's bill, the Marriage Amendment (Definition and Religious Freedoms) Act 2017, legalised same-sex marriage throughout Australia on 9 December 2017. It was introduced by Dean Smith, Senator for Western Australia.
Notable also was the private member's bill introduced by Alan Corbett in the New South Wales Legislative Council to amend the Crimes Act of 1900. The first successfully enacted (or indeed introduced) bill in over 100 years to address the protection of children from abuse and excessive physical chastisement. It received very wide support from New South Wales organisations related to child health and welfare and was backed by several prominent members of the medical profession, particularly in the paediatric field, notably Dr. John Yu, CEO of Royal Alexandra Hospital for Children, Sydney (who had been honoured by the Australian Government with the prestigious Australian of the Year award in 1996). Its initial aims were to limit physical chastisement by banning the use of implements (belts, sticks, hairbrushes, etc.), ban the use of force above the shoulders (thus preventing neck, head, brain and facial injuries), and require that any physical force applied leave only trivial and short-lived signs such as redness (that is, no bruising, swelling, welts, cuts, grazes, internal injuries, emotional trauma, etc.); with the exception of the clause banning the use of implements (which was dropped to gain essential support from the state Labor Government for the bill), it was passed intact and became law in 2001.
In Canada, a private member's bill (French: projet de loi émanant d'un député) is a bill introduced in the House of Commons by a member of parliament who is not a cabinet minister. A private member's bill follows the same legislative process as a government bill, but the time allocated for its consideration is restricted. Private Members' Bills may be considered only during one of the daily Private Members' Hours. Under rules established in 1986, 20 items of private members' business are selected at random to receive priority in debate. Six of these items are chosen by a committee to be votable and must come to a vote in the House. Prior to the 1986 rules, private members' bills and motions could be "talked out", meaning that all the time allocated to private members' bills could be used up introducing or debating bills without them ever being voted on, as each bill must be voted on after the second hour of debate. (The ramifications of the 1986 rules were discussed in the Canadian Parliamentary Review, 1988, Vol 11, No. 3.[6]) Even under the new rules, very few private member's bills become law. But passage is more likely in minority government situations.[7] The vast majority of private members' bills that actually do become law are for the purpose of changing the name of the riding represented by the MP introducing the bill.
When an election is called, all bills that have not been passed die on the order paper (that is, they are removed from the agenda of Parliament, and must be re-introduced in the new session of Parliament after an election). In the House of Commons (but not in the Senate), private members' bills remain on the order paper when Parliament is prorogued.
Notable private members bills have been the following:
In the 98 years from 4 May 1910 to 7 September 2008, 229 private member's bills passed.[8]
The new rules took effect in 1986. In the 24 years between 5 November 1984 and 7 September 2008, 81 private member's bills passed.[8] Passage was (and is) more likely during the periods of minority governments in Canada.[7] The ramifications of the 1986 rules and new probability of success of private members bills were discussed in the Canadian Parliamentary Review, 1988, Vol 11, No. 3.[6]
Of the 300 or so private members' bills introduced in the 14th Lok Sabha, barely 4% were discussed; 96% lapsed without even a single debate in the House. To date,[needs update?] Parliament has passed a total of 14 private members' bills.
Following are the 14 Private Members' Bills which were passed:-
Five of these were passed in 1956 alone and after 47 years of passing the last bill, the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Bill, 1968 that became an Act on 9 August 1970; Rajya Sabha has passed the Rights of Transgender Persons Bill, 2014 on April 24, 2015, which was introduced in the lower house, Lok Sabha on 26 February 2016.[12]
In New Zealand, a member's bill is one that is introduced by a member of Parliament who is not a minister. There can be a maximum of eight members' bills on the Order Paper awaiting their first reading at any one time. When a slot opens up, a ballot is held to select a new members' bill for introduction; each MP can submit only one member's bill at a time to the ballot. Every second Wednesday is reserved for debating members' bills, although this rule is overridden when certain government business is before the House, such as the Budget. Even when a Wednesday is devoted to members' bills, any private or local bills on the Order Paper are considered first.[13]
The ballot to select new member's bills is conducted by drawing numbered counters out of a biscuit tin, purchased in the 1980s from now-defunct department store chain DEKA. As a result, the member's bill process is nicknamed "biscuit tin democracy".[14][15]
Starting with the 53rd Parliament (2020–23), a member's bill can be introduced directly if it has the support of at least 61 non-executive members of Parliament. This will allows member's bills with broad support to avoid the ballot process, while excluding executive members prevents the member's bill process being an alternative way of progressing Government business. [16]
Notable legislation passed as a result of a member's bill includes:
In the Parliament of Norway, any member may submit a private member's bill, called a representative's bill (Norwegian: representantforslag lovvedtak).[17][18] The other method of initiating legislation is by a "Proposition to the Storting" from the Government.[17][19]
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:
Only a small proportion of private members' bills are enacted. This is generally because of lack of time – a controversial private member's bill can be "talked out". In some cases, 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 "handouts" or "whips' 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 Labour Home Secretary Roy Jenkins the Bill was given enough government time to allow a full debate.
Current legislation in progress as a result of a member's bill includes:
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 each day, and several private members' bills are scheduled for each session.
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 member's 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).[20] 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 public bill 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 allocates 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.
^ Part 3 Members' Bills Archived 2006-09-12 at the Wayback Machine www.scottish.parliament.uk, accessed 1 August 2009
^ "How laws are made – Types of bill". New Zealand Parliament. Retrieved 27 December 2012.
^ Muller, Damon (6 December 2017). "The passage of private members' and senators' bills through the Parliament". Parliament of Australia. Retrieved 22 September 2020.
^ a b corporateName=Commonwealth Parliament; address=Parliament House, Canberra. "Private Members' business". www.aph.gov.au.CS1 maint: multiple names: authors list (link)
^ "Parliamentary Handbook". www.aph.gov.au. Archived from the original on 7 September 2007.
^ a b c Lever, Nora (14 September 2020). "Private Members' Business: What's Happened Under the New Rules?". Canadian Parliamentary Review. Canadian Parliamentary Review. 11 (3). Retrieved 21 September 2009.
^ a b "Liberal MP introduces war resisters bill". The Toronto Star. 17 September 2009. Retrieved 19 September 2009.
^ a b "Private Members' Public Bills Passed by Parliament: 1910 to Date". Parliament of Canada. 30 January 2009. Retrieved 23 September 2009.
^ "Legacy of Former Prime Minister Jean Chrétien | Mapleleafweb.com". www.mapleleafweb.com.
^ See Jean Chrétien, Straight From the Heart (1990).
^ Sweanor and K. Kyle, Legislation and Applied Economics in the Pursuit of Public Health: Canada, p. 79.
^ "Lok Sabha Takes Up Bill To End Transgender Discrimination". NDTV. 27 February 2016. Retrieved 8 March 2016.
^ "Lucky dip leads to ground-breaking law changes". New Zealand Parliament. 7 June 2017. Retrieved 8 June 2017.
^ Graham-McLay, Charlotte (17 December 2019). "Biscuit tin democracy: the humble start of New Zealand's most progressive laws". The Guardian. ISSN 0261-3077. Retrieved 23 July 2020.
^ "The House: Biscuit tin gamble". RNZ. 5 September 2018. Retrieved 23 July 2020.
^ "Review of Standing Orders 2020 – New Zealand Parliament". www.parliament.nz. July 2020. pp. 34–35. Retrieved 14 October 2020.
^ a b "PQR". Dictionary. Stortinget. Retrieved 13 March 2012.
^ "Representantforslag" (in Norwegian). Stortinget. Retrieved 13 March 2012.
^ "Lovarbeidet". Stortinget og demokratiet (in Norwegian). Stortinget. Retrieved 13 March 2012.
^ "House of Commons - Standing Orders of the House of Commons - Public Business 2005". publications.parliament.uk.
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A bill introduced by the Member of Parliament (MP) who is not a Minister, i.e., a non-government member is known as the Private Members’ bill. Members of Parliament (MPs) other than ministers are private members. Private Members can also move legislative proposal or bill which he/she thinks is appropriate to be present in the Statute Book.
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What is a private member's Bill in Parliament?
What is a private member's Bill in Parliament?
A private member's bill in a parliamentary system of government is a bill (proposed law) introduced into a legislature by a legislator who is not acting on behalf of the executive branch.
en.m.wikipedia.org/wiki/Private_Member%27…
How many private members bills have been introduced?
How many private members bills have been introduced?
Six private members’ bills have been introduced by the Speaker of the House, of which three were successful, and three separate bills have been introduced by the President of the Senate (all of which were successful). These six successful bills were sponsored in the other chamber by the other Presiding Officer.
www.aph.gov.au/About_Parliament/Parliame…
When do Private Members Bills go to the Lords?
When do Private Members Bills go to the Lords?
On the other hand, Private Member's bills which have completed all their stages in the Commons are more likely to have the necessary time devoted to them in the Lords to make them law. Private Members' bills have precedence over government business on thirteen Fridays in each session under standing order 14 (8).
www.parliament.uk/about/how/laws/bills/pri…
Who is a private member in the House of Commons?
Who is a private member in the House of Commons?
The designation "private member's bill" is used in most Westminster System jurisdictions, in which a "private member" is any member of parliament (MP) who is not a member of the cabinet (executive).
en.m.wikipedia.org/wiki/Private_Member%27…
https://www.parliament.uk/about/how/laws/bills/private-members
Introducing Private Members' Bills
The Ballot
Ten Minute Rule
Presentation
Private Members' Bills in The Lords
Time For Consideration of Private Members' Bills in The Commons
Money Resolutions
Private Members' bills in the Lords are usually introduced through a ballot held two days after State Opening of a new session of a parliament. In order to enter the ballot, members must submit the short and long title of their bill to the Legislation Office. 25 bills are selected from the ballot. The ballot orders the way in which these 25 bills receive their First Reading in the House but …
https://en.m.wikipedia.org/wiki/Private_member's_bill
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A private member's bill in a parliamentary system of government is a bill (proposed law) introduced into a legislature by a legislator who is not acting on
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