This article has multiple issues. Please help improve it or discuss these issues on the talk page . (Learn how and when to remove these template messages)
|
A reading of a bill is a stage of debate on the bill held by a general body of a legislature.
In the Westminster system, developed in the United Kingdom, there are generally three readings of a bill as it passes through the stages of becoming, or failing to become, legislation. Some of these readings may be formalities rather than actual debate.
The procedure dates back to the centuries before literacy was widespread. Since many members of Parliament were illiterate, the Clerk of Parliament would read aloud a bill to inform members of its contents. By the end of the 16th century, it was practice to have the bill read on three occasions before it was passed. [1]
In the Israeli Knesset, private member bills do not enter the house at first reading. Instead, they are subject to a preliminary reading, where the members introducing the bill present it to the Knesset, followed by a debate on the general outlines of the bill followed by a vote on whether to send it to committee to be prepared for first reading or to remove it from the agenda.
A first reading is when a bill is introduced to a legislature.
Typically, in the United States, the title of the bill is read and the bill is immediately assigned to a committee. The bill is then considered by committee between the first and second readings. In the United States Senate and most British-influenced legislatures, the committee consideration occurs between second and third readings.
In most non Westminster-style legislatures, a vote is taken on the general outlines of the bill before being sent to committee.
In the Australian House of Representatives, a bill is automatically read a first time without any question being proposed upon presentation of the bill or it being received from the Senate. [2]
However, in the Australian Senate, the question on the first reading is always moved immediately after introduction (which is a separate motion altogether) or receipt from the House of Representatives and may be voted on. Amendments to or debate on the first reading is not permitted, except for bills subject to section 53 of the Constitution (i.e. appropriation and money bills), in which case debate is permitted. This exception is necessary because section 53 gives senators the right to move requests to the House of Representatives for amendments to a financial bill (to which the Senate is not allowed to amend) at any stage of consideration of the bill, including on the first reading. [3]
The first readings of most ordinary bills are almost always a formality and are passed "on the voices". [4] In extremely rare circumstances however, the Senate may vote against the first reading, which prevents the bill from proceeding further. This has happened as recently as June 2021, when the Ministerial Suitability Commission of Inquiry Bill 2021 (Cth), introduced by Greens Senator Larissa Waters in relation to the 1988 rape allegation against the Attorney-General Christian Porter, was narrowly negatived in a division. [5]
Similar arrangements are in place in the parliaments of the states and territories.
In the House of Commons of Canada, in addition to the usual introduction of a bill by a member for first reading, a member of the cabinet may move a motion to appoint or to instruct a committee to prepare a bill.
In the Oireachtas of Ireland, the first stage of a bill is by either of two methods: [6] [7] [8]
In the Israeli Knesset, the committee consideration occurs between first and second readings and (for private member bills) between preliminary and first readings, and the first reading includes a debate on the general outlines of the bill followed by a vote on whether or not to send it to committee.
In New Zealand, once a bill passes first reading it is normally referred to a select committee. However, the government can have a bill skip the select committee stage by a simple majority vote in Parliament.
Even if the first reading does not require a formal vote, a bill can nonetheless be defeated on first reading if a member introduces it and no one seconds it.[ citation needed ]
In the Polish Sejm, the first reading comprises a debate on the general outlines of the bill. Notably, only constitutional amendment bills, money bills, electoral law bills, and law code bills have their first reading at a plenary session of the Sejm; all other bills have their first reading occur in committee, unless the Marshal of the Sejm decides to refer them to the plenum.
In the Russian State Duma, the first reading includes a debate on the general outlines of the bill followed by a vote on whether or not to send it to committee.
In both Houses of the British Parliament, Bills introduced by the Government or by MPs and Lords who won the Private Members' Ballot automatically receive a first reading without the need of being discussed or voted on; the same applies for Bills brought from the other House (for example, a Bill which has completed all its stages in the House of Lords is immediately brought to the House of Commons, where it receives a first reading).
Bills introduced under the Ten Minute Rule are subject to a debate lasting not more than ten minutes (equally divided between a supporter and an opponent), followed by a vote is held on the motion "That leave be granted to bring in" the Bill; the latter receives a first reading only if the motion is carried.
After a Bill has been read a first time, it is ordered to be printed.
A second reading is the stage of the legislative process where a draft of a bill is read a second time.
In most Westminster-style legislatures, a vote is taken on the general outlines of the bill before being sent to committee. In most non-Westminster-style legislatures, the bill's detailed provisions are considered in the second reading, and then voted on clause by clause.
In the Oireachtas, the second reading is referred to as "second stage", though the subheading "second reading" is used in Dáil standing orders, and the motion at second stage is still "that the Bill is to be read a second time". A bill introduced in one house enters the other house at second stage, except that the Seanad second stage is waived for Dáil consolidation bills. Once the bill passes second stage it is referred to a select committee of that house or taken in committee stage by the whole house. [6] [9] [10]
In the Knesset, the bill's detailed provisions are considered in the second reading, and then voted on clause by clause. However, continuous stretches of clauses without any proposed amendments (which includes different wordings for the same clause written in the original bill), are voted as a single bloc. The starting point for the bill considered in second reading is its post-committee consideration text, which can vary widely from the bill voted on in first reading, even to the point of mergers and splits.
In New Zealand, once a bill passes a second reading it is then considered clause-by-clause by the whole Parliament. If a majority of Parliament agree, the bill can be considered part-by-part, saving considerable time. Because most bills must have majority support to pass a second reading, it is now very rare for a bill to be considered clause-by-clause.
In the Polish Sejm, the second reading comprises a consideration of the committee's report on the bill (as committee consideration between first and second readings), and an introduction of any proposed amendments, although the Sejm's standing orders do not provide for a clause by clause vote on the bill itself, or on any amendment, during the second reading. If amendments are introduced to a bill, it is returned for further committee consideration between second and third readings unless the Sejm decides otherwise.
In the Russian State Duma, the bill's detailed provisions are considered in the second reading, and then voted on clause by clause.
In both Houses of the British Parliament the second reading includes a debate on the general outlines of the bill, followed by a vote on the motion "that the Bill be now read a second time" (or sometimes on a wrecking amendment to that motion). If the motion is carried, the Bill is then sent either to a Standing Committee or to a Committee of the Whole House, where it is considered and voted on clause by clause.
In the United States Senate, a bill is either referred to committee or placed on the Calendar of Business after second reading. No vote is held on whether to read the bill a second time. In U.S. legislatures where consideration in committee precedes second reading, the procedure varies as to how a bill reaches second reading. In Illinois, for example, legislation is automatically read a second time, after which amendments are in order.
A third reading is the stage of a legislative process in which a bill is read with all amendments and given final approval by a legislative body.
In legislatures whose procedures are based on those of the Westminster system, the third reading occurs after the bill has been amended by committee and considered for amendment at report stage (or, in Israel's case, second reading).
In most bicameral legislatures, a bill must separately pass the third reading in both chambers. Once that happens, it is sent on for promulgation, such as royal assent in the Westminster system or signing by the president or governor in the U.S. model.
In some bicameral legislatures, such as the Parliament of Poland or of the Czech Republic, a bill must pass three readings in the lower house, but only one reading in the upper house, at which the bill may be passed unchanged, amended, or rejected; and if the bill is not passed unchanged by the upper house, it is returned to the lower house, which may impose its original version by a supermajority, and is sent to promulgation after passing both chambers. This "imperfect" procedure requires that all bills must be introduced to the lower house, although this may be mitigated by giving the upper house the right to submit bills to the lower.
In a unicameral legislature, after passing the third reading in the sole chamber, the bill goes on directly for promulgation.
In the Oireachtas of Ireland, the equivalent of the third reading is referred to as the "fifth stage" or "final stage". The motion is "That the Bill do now pass", except that the Seanad motion for a money bill is "That the Bill be returned to the Dáil". When a bill passes one house, it is sent to the other house and enters at second stage. After both houses have passed the bill, it is sent to the President of Ireland to be signed into law. [6] [11] [12]
In the Polish Sejm, the third reading comprises a presentation of the amendments passed in second reading (or of a second committee report on the bill that was returned to committee after second reading), and a voting sequence: first on a motion to reject the bill (if one is introduced), then on the amendments introduced in second reading, and a final vote on the bill as amended.
In both Houses of the British Parliament, after a Bill has been reported from the Committee to which it was assigned, consideration of the proposal moves to the so-called "Report Stage", during which further amendments may be table and voted on. After Report Stage has ended, a debate is held on the final Bill, as amended, followed by a vote on the motion "That the Bill be now read a third time". If the motion is carried, the Bill is passed.
Cloture, closure or, informally, a guillotine, is a motion or process in parliamentary procedure aimed at bringing debate to a quick end.
The Parliament of Canada is the federal legislature of Canada, seated at Parliament Hill in Ottawa, and is composed of three parts: the King, the Senate, and the House of Commons. By constitutional convention, the House of Commons is dominant, with the Senate rarely opposing its will. The Senate reviews legislation from a less partisan standpoint and may initiate certain bills. The monarch or his representative, normally the governor general, provides royal assent to make bills into law.
An act of parliament, as a form of primary legislation, is a text of law passed by the legislative body of a jurisdiction. In most countries with a parliamentary system of government, acts of parliament begin as a bill, which the legislature votes on. Depending on the structure of government, this text may then be subject to assent or approval from the executive branch.
A private member's bill is a bill 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, the term private senator's bill is used in the Australian Senate, and the term public bill is used in the Senate of Canada. In legislatures where the executive does not have the right of initiative, such as the United States Congress, the concept does not arise since bills are always introduced by legislators.
A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, they can be appended to the constitution as supplemental additions, thus changing the frame of government without altering the existing text of the document.
The House of Representatives is the sole chamber of the New Zealand Parliament. The House passes laws, provides ministers to form the Cabinet, and supervises the work of government. It is also responsible for adopting the state's budgets and approving the state's accounts.
In parliamentary procedure, a division of the assembly, division of the house, or simply division is a method of taking a vote that physically counts members voting.
A bill is a proposal for a new law, or a proposal to significantly change an existing law. A bill does not become law until it is passed by the legislature and has been, in most cases, approved by the executive. Once a bill has been enacted into law by the legislature, it is called an act of the legislature, or a statute. Bills are introduced in the legislature and are discussed, debated and voted upon.
The Maryland General Assembly is the state legislature of the U.S. state of Maryland that convenes within the State House in Annapolis. It is a bicameral body: the upper chamber, the Maryland Senate, has 47 representatives, and the lower chamber, the Maryland House of Delegates, has 141 representatives. Members of both houses serve four-year terms. Each house elects its own officers, judges the qualifications and election of its own members, establishes rules for the conduct of its business, and may punish or expel its own members.
This is a brief description of the lawmaking procedure in India.
The Parliament of The Bahamas is the bicameral national parliament of the Commonwealth of The Bahamas. The parliament is formally made up of the sovereign, an appointed Senate, and an elected House of Assembly. It currently sits at the Bahamian Parliament Building in Nassau, the national capital.
Clause-by-clause consideration is the consideration of a bill on an in-depth basis, considering each clause in a separate division of debate. This phase of consideration is generally seen to be the most scrutinous and technical in nature.
The Parliament of the Cook Islands is the legislature of the Cook Islands. Originally established under New Zealand administration, it became the national legislature upon independence in 1965.
A committee of the whole is a meeting of a legislative or deliberative assembly using procedural rules that are based on those of a committee, except that in this case the committee includes all members of the assembly. As with other (standing) committees, the activities of a committee of the whole are limited to considering and making recommendations on matters that the assembly has referred to it; it cannot take up other matters or vote directly on the assembly's business. The purpose of a committee of the whole is to relax the usual limits on debate, allowing a more open exchange of views without the urgency of a final vote. Debates in a committee of the whole may be recorded but are often excluded from the assembly's minutes. After debating, the committee submits its conclusions to the assembly and business continues according to the normal rules.
An Act of Parliament in the United Kingdom is primary legislation passed by the UK Parliament in Westminster, London.
Seanad Éireann is the senate of the Oireachtas, which also comprises the President of Ireland and Dáil Éireann.
The Constitution Act, 1936 was an act of the Oireachtas (parliament) of the Irish Free State which abolished Seanad Éireann, the upper house of the Oireachtas, which thenceforth was unicameral, with Dáil Éireann as the sole house. The bill was introduced in 1934 by the Fianna Fáil government of Éamon de Valera, which was frustrated by the Seanad's repeated use of its power to delay legislation. In particular, Fianna Fáil favoured eliminating symbols of monarchy from the Free State, which the Seanad, with more Southern Unionist members, feared would antagonise the United Kingdom.
The Marriage Amendment (Definition and Religious Freedoms) Act 2017(Cth) is an Act of the Parliament of Australia, which legalises same-sex marriage in Australia by amending the Marriage Act 1961 to allow marriage between two persons of marriageable age, regardless of their gender.
The Thirty-eighth Amendment of the Constitution of Ireland is an amendment to the Constitution of Ireland which altered the provisions regulating divorce. It removed the constitutional requirement for a defined period of separation before a Court may grant a dissolution of marriage, and eased restrictions on the recognition of foreign divorces. The amendment was effected by an act of the Oireachtas, the Thirty-eighth Amendment of the Constitution Act 2019.
The European Union (Withdrawal) Act 2019, commonly referred to as the Cooper–Letwin Act, was an Act of the Parliament of the United Kingdom that made provisions for extensions to the period defined under Article 50 of the Treaty on European Union related to the United Kingdom's withdrawal from the European Union. It was introduced to the House of Commons by Labour MP Yvette Cooper and Conservative MP Sir Oliver Letwin on 3 April 2019, in an unusual process where the Government of the United Kingdom did not have control over Commons business that day.
As no question is proposed or put, no debate can take place at the first reading stage.
The motion for the first reading of bills which the Senate may not amend, unlike the equivalent stage of amendable bills, may be debated. This variation in respect of non-amendable bills is necessary because, in compliance with the provision of section 53 of the Constitution that a request for an amendment may be made at any stage, requests may be moved on the motion for the first reading of such a bill.
The motion for the first reading is put and determined without amendment or debate, except in relation to a bill which, under section 53 of the Constitution, the Senate may not amend. The Senate has the opportunity to reject a bill at the first reading stage, but in practice the first reading is normally passed without opposition and is regarded as a purely formal stage.