The legislative process | Edexcel A-Level Politics
Updated: 1 day ago
For Specification 9PL0
Edexcel A-Level Politics | Free Revision Notes
Estimated study time:Â 60 to 75 minutes
This legislative process A-Level Politics revision page explains how a bill passes through Parliament to become law, where detailed scrutiny and amendment take place, and how the House of Commons and House of Lords interact during law-making. Edexcel specifically requires you to understand the different stages and the Salisbury Convention. The topic builds directly on the powers of Parliament's two chambers [Comparative powers of the Commons and Lords] and helps explain the wider relationship between government and Parliament [The Executive and Parliament].
Learning Objectives 🎯
By the end of this revision page, you should be able to:
Define a legislative bill and explain its purpose.
Explain the main parliamentary stages through which a bill passes before becoming law.
Explain the role of public bill committees in examining proposed legislation.
Examine how the House of Commons and House of Lords interact over legislation.
Explain the Salisbury Convention and why it affects the behaviour of the House of Lords.
Analyse how Parliament can influence and reshape government legislation during the legislative process.
Revision Notes đź“š
The legislative process A-Level Politics revision: what is a bill?
A legislative bill is a proposed law passing through Parliament. This is the definition used in the Edexcel specification.
A bill is therefore not yet an Act of Parliament. It must pass through the parliamentary legislative process before becoming law.
Parliament is bicameral, so legislation normally has to be considered by both:
the House of Commons, the directly elected primary chamber;
the House of Lords, the unelected second chamber.
Understanding the different constitutional position of each chamber is essential, so this topic closely follows the relative powers of the two Houses [Comparative powers of the Commons and Lords].
The stages through which a bill becomes law
A bill passes through several stages. Each stage serves a different purpose, from introducing the proposal to examining its details and finally approving the completed legislation.
A useful sequence to remember is:
First Reading
Second Reading
Committee Stage
Report Stage
Third Reading
Consideration by the other House
Consideration of amendments between the Houses
Royal Assent
The process allows Parliament to do more than simply vote "yes" or "no". MPs and peers can debate, scrutinise and propose changes to legislation as it moves through Parliament.
1. First Reading
The First Reading formally introduces the bill to the chamber.
This is primarily an introductory stage rather than the main opportunity for detailed political debate.
Its significance is that the proposed legislation has formally entered the parliamentary process.
2. Second Reading
The Second Reading provides an important opportunity to debate the main principles and overall purpose of the bill.
At this stage, parliamentarians can consider questions such as:
What is the bill trying to achieve?
Is legislation needed?
Are its general principles acceptable?
Should the bill continue through Parliament?
This stage therefore concentrates on the overall case for the legislation rather than detailed examination of individual provisions.
If the bill receives sufficient support, it proceeds to more detailed scrutiny.
3. Committee Stage
At the Committee Stage, the bill is examined in detail.
In the Commons, this work can involve a public bill committee.
The Edexcel specification defines public bill committees as committees responsible for looking at bills in detail.
This stage is particularly important because parliamentarians can examine the provisions of the bill and consider amendments.
The role of public bill committees
Public bill committees can contribute to legislation by:
examining particular provisions;
considering proposed changes;
allowing government and opposition parliamentarians to debate details;
drawing attention to potential weaknesses;
considering evidence relevant to the legislation.
The 2022 Edexcel examination material noted that evidence from outside experts and proposals from non-government parliamentarians could alert ministers to areas where legislation might need changing.
However, public bill committees also have limitations.
Edexcel's 2022 mark scheme highlighted criticisms including:
limited time;
a lack of specialism;
party whipping;
the government's ability to use its parliamentary majority.
The same mark scheme nevertheless recognised that committee pressure and external evidence can encourage ministers to make changes.
This gives an important evaluative point:
Parliament does not need formally to defeat the government in order to influence legislation. Ministers may amend their own proposals because parliamentary scrutiny has revealed weaknesses or because they need to maintain support.
You will examine party pressure and the influence of ordinary MPs more closely in backbench parliamentary influence [Backbenchers and parliamentary scrutiny].
Public bill committees are not select committees
This distinction is extremely important for Edexcel students.
Public bill committee | Select committee |
Examines a particular bill in detail | Scrutinises government, particularly government departments |
Connected directly to the legislative process | Primarily connected to executive scrutiny |
Considers provisions and amendments | Investigates policy and government activity |
Focuses on legislation | Focuses principally on accountability |
The difference matters because an exam question specifically about shaping legislation requires evidence about law-making, rather than general examples of parliamentary scrutiny.
You will study the second type separately in committee scrutiny of government [Select committees, opposition and ministerial questions].
4. Report Stage
The Report Stage provides another opportunity for the bill to be considered and for amendments to be debated.
The significance of having further scrutiny after the committee stage is that the bill can be reconsidered following the detailed examination that has already taken place.
The legislative process is therefore cumulative. A proposal does not simply pass through one debate before receiving final approval.
5. Third Reading
The Third Reading is the final main stage for the bill in that House.
It provides the chamber with an opportunity to consider the bill in the form that has emerged from the preceding stages.
The bill must then continue through Parliament rather than becoming law immediately.
6. The bill is considered by the other House
Because Parliament has two chambers, legislation must involve interaction between the Commons and Lords.
A bill considered by one House must also be examined by the other.
The second House provides another series of opportunities for:
debate;
scrutiny;
proposed amendment;
challenge to the government's proposals.
This means bicameralism creates a second layer of legislative examination.
Why the House of Lords can be important at this stage
Edexcel examination material particularly emphasises the House of Lords' contribution to legislative scrutiny.
The Lords may possess advantages because:
there is more time available for detailed scrutiny;
many peers have specialist expertise;
crossbenchers are not aligned with political parties;
government does not normally have the same reliable majority that it may possess in the Commons.
The 2022 source question specifically highlighted Lords expertise, additional scrutiny time and the possibility that crossbench amendments can gain support across Parliament.
This can make the Lords an important revising chamber, even though it is constitutionally weaker than the Commons.
7. Interaction between the Commons and Lords over amendments
The two Houses must ultimately agree on the text of legislation.
If one House alters a bill, the other House must consider those changes.
This creates an important process of interaction between MPs and peers.
The Commons may:
accept Lords amendments;
reject Lords amendments;
propose alternative changes.
The Lords may then reconsider the Commons' position.
This interaction can continue while the Houses attempt to settle their disagreements.
Why this interaction matters
The interaction between the Houses demonstrates that legislative influence is not simply about which chamber has the final constitutional advantage.
The Lords can use amendments and opposition to:
expose weaknesses in legislation;
encourage further debate;
force ministers to defend proposals;
generate political pressure;
encourage government compromise.
Edexcel's 2022 mark scheme explicitly recognised that amendments made in the Lords may attract broader parliamentary support and lead government to alter legislation. It also noted that government often prefers negotiation to prolonged confrontation.
However, there is an important limit.
The House of Commons possesses the stronger constitutional position. Lords amendments can ultimately be rejected by the Commons, and Edexcel mark schemes identify the Parliament Acts, financial privilege and the Salisbury Convention as significant constraints on the second chamber.
The relationship is therefore best understood as:
Lords scrutiny and revision → Commons reconsideration → possible compromise → ultimate Commons superiority
Government influence during the legislative process
The legislative process is parliamentary, but government usually plays a major role within it.
The government may possess several advantages:
support from its MPs;
party discipline;
a Commons majority;
control over substantial parliamentary time;
the ability to propose its own amendments.
The 2022 Edexcel mark scheme noted that nearly all successful amendments in the Commons required government backing and that party loyalty and the whip system can make it difficult for non-government parliamentarians to change legislation directly.
This connects closely to the Executive's role in legislation [Structure, role and powers of the Executive].
However, this does not mean Parliament has no effect.
Parliamentary influence before a defeat occurs
One of the most important analytical ideas in this topic is that government concessions are evidence of parliamentary influence.
A government may alter legislation because it expects:
resistance from its own backbenchers;
opposition within a public bill committee;
amendments in the Lords;
difficulty obtaining sufficient support.
Edexcel's 2022 mark scheme explained that governments may shape legislation and make concessions in order to secure majority support in both Houses.
Therefore:
Few government defeats do not necessarily prove that Parliament has no influence.
The government may avoid defeat precisely because it has responded to parliamentary pressure beforehand.
Parliament as a revising legislature
The legislative process allows Parliament to perform a revising function.
This means parliamentarians can examine legislation and seek improvements rather than simply deciding whether the original government proposal survives unchanged.
The two Houses can make different contributions.
House of Commons | House of Lords |
Directly elected and democratically legitimate | Unelected but often more independent |
Government may possess a strong majority | Government does not normally possess the same majority |
Backbench MPs can pressure ministers | Peers may have greater specialist expertise |
Public bill committees examine legislation | Lords provides detailed legislative scrutiny |
Can ultimately reject Lords amendments | Can propose amendments and force reconsideration |
The legislative process therefore combines democratic authority with an additional layer of revision.
8. Royal Assent
Once the parliamentary stages have been completed and the legislation has been approved, the bill receives Royal Assent.
At this point, the bill becomes an Act of Parliament and therefore law.
The monarch's place within Parliament connects this process to the wider constitutional development covered in the historical development of Parliament and the constitution [The development of the UK Constitution].
The legislative process at a glance
Stage | Main purpose |
First Reading | Formal introduction of the bill |
Second Reading | Debate on the main principles of the legislation |
Committee Stage | Detailed examination and consideration of amendments |
Report Stage | Further consideration and amendment |
Third Reading | Final consideration within that House |
Other House | Bill undergoes parliamentary consideration in the second chamber |
Consideration of amendments | Commons and Lords seek agreement on the bill's wording |
Royal Assent | Bill becomes an Act of Parliament |
A useful revision technique is to understand why each stage exists rather than simply memorising the order.
The Salisbury Convention
The Edexcel specification specifically requires knowledge of the Salisbury Convention as part of the interaction between the Commons and Lords.
The specification defines the Salisbury Convention as:
the convention whereby the House of Lords does not delay or block legislation that was included in a government's manifesto.
The word convention is important.
It is a constitutional convention rather than the same type of rule as statute law.
Understanding the distinction between laws and conventions builds on the sources of the UK Constitution [The nature and sources of the UK Constitution].
Why does the Salisbury Convention exist?
The convention reflects the different democratic status of the two Houses.
The Commons is directly elected.
The Lords is not.
When the government proposes legislation based on commitments for which it received an electoral mandate, the unelected Lords accepts a limitation on its ability to prevent those commitments from being implemented.
The convention therefore helps maintain the constitutional priority of the elected Commons.
The democratic significance of the Salisbury Convention
The Salisbury Convention can be defended because it respects electoral legitimacy.
The argument is:
A political party publishes manifesto commitments.
Voters elect a Commons in which that party can form a government.
The government introduces legislation to implement those commitments.
The unelected Lords should not use its position to prevent the elected government from carrying out that programme.
The convention therefore reduces the risk that an unelected second chamber could overturn the choices made through elections.
How the Salisbury Convention limits the Lords
The convention reduces Lords power because the second chamber accepts that it should not delay or block manifesto legislation.
Edexcel mark schemes have repeatedly identified Salisbury as one reason why the Lords possesses less influence over legislation than the Commons.
The Commons faces no equivalent restriction.
This reinforces the constitutional hierarchy examined in the relative powers of Parliament's chambers [Comparative powers of the Commons and Lords].
Does the Salisbury Convention make the Lords powerless?
No.
The Salisbury Convention does not remove the Lords from the legislative process.
The Lords can still perform its revising role through detailed examination and consideration of legislation.
The key distinction is between:
scrutinising and revising legislation, which remains an important Lords function;
using the unelected chamber to prevent manifesto legislation from being implemented, which the convention restrains.
This balance is central to the relationship between the Houses.
The Salisbury Convention and the constitutional balance
The convention helps preserve a balance between two competing principles.
Principle | Significance |
Democratic mandate | The elected Commons should ultimately be able to implement the programme endorsed at an election |
Parliamentary scrutiny | Government legislation should still receive detailed examination and possible revision |
Bicameralism | A second chamber provides another stage of scrutiny |
Commons supremacy | The elected chamber retains the stronger constitutional position |
The Salisbury Convention therefore illustrates how the UK's constitutional arrangements often depend on conventions as well as formal legal powers.
How effectively does Parliament shape legislation?
Although the lesson focuses on the process rather than requiring a separate judgement on parliamentary effectiveness, examination questions may ask you to apply your knowledge to this debate.
Arguments that Parliament can shape legislation
Parliament may be influential because:
backbench pressure can make governments alter proposals;
public bill committees can identify problems;
external evidence can encourage changes;
Lords expertise can improve detailed scrutiny;
crossbenchers may help amendments gain wider support;
defeats or threatened defeats can force compromise.
Edexcel's 2022 mark scheme concluded that government concessions and amendments can themselves demonstrate effective parliamentary influence.
Arguments that government can dominate the process
Government influence may remain strong because:
a Commons majority makes government bills difficult to defeat;
party discipline restricts government backbenchers;
public bill committees can reflect party strength;
most successful Commons amendments may require government backing;
the government controls substantial parliamentary time;
Lords powers are constitutionally constrained.
The best analysis therefore avoids the simplistic claim that legislation either belongs entirely to government or entirely to Parliament.
Overall understanding of the legislative process
The legislative process performs two functions at the same time.
First, it enables proposed laws to obtain parliamentary approval.
Second, it creates repeated opportunities for scrutiny, amendment and reconsideration.
The Commons has the ultimate constitutional advantage because of its elected status and stronger formal powers, but the Lords can exercise significant influence through its revising role. Public bill committees and backbench pressure can also shape government decisions before a final vote occurs.
The Salisbury Convention helps maintain this balance by allowing the Lords to scrutinise legislation while recognising that an unelected second chamber should not normally prevent a government from implementing commitments contained in its election manifesto.
Key Words 🔑
Key word | Student-friendly definition | How it may be used in an exam |
Legislative bill | A proposed law passing through Parliament. | Use when explaining the starting point of the legislative process. |
Public bill committee | A committee responsible for examining a bill in detail. | Use when analysing how the Commons scrutinises and potentially reshapes legislation. |
Amendment | A proposed change to the wording or content of a bill. | Use when explaining how parliamentarians can influence legislation during its passage. |
Salisbury Convention | The convention that the Lords does not delay or block legislation included in a government's manifesto. | Use when explaining limits on Lords power and Commons democratic supremacy. |
Royal Assent | The final approval after parliamentary passage, after which a bill becomes an Act of Parliament. | Use when explaining the final stage through which legislation becomes law. |
Hints from the Examiner Reports đź’ˇ
Examiner hint:Â Keep a laser-like focus on legislation. In 2022, examiners found that some students used examples of general government scrutiny, such as Prime Minister's Questions, when the question specifically concerned Parliament shaping government legislation.
Examiner hint:Â Do not confuse public bill committees with select committees. This was specifically identified as an area of confusion in the 2022 examiner report. Public bill committees examine legislation, whereas select committees mainly scrutinise the work of government departments.
Examiner hint:Â Stronger answers compared the influence of the Commons, Lords, backbenchers and public bill committees rather than describing each institution separately. This helped students analyse the relationship between the two Houses during the legislative process.
Examiner hint:Â Government amendments can still demonstrate parliamentary influence. If ministers change their own legislation because parliamentary debate, evidence or threatened rebellion has exposed a problem, do not automatically conclude that Parliament has been ineffective simply because the formal amendment came from government.
Examiner hint:Â For source questions, pair competing arguments directly. The 2022 report praised students who matched arguments from opposite sides of the source and then developed comparative analysis before reaching substantiated judgements.
Examiner hint:Â Introductions and conclusions should be short and purposeful. Examiners praised introductions that established the debate and a clear argument, while strong conclusions followed logically from evaluation developed throughout the response.
Common Mistakes ⚠️
Mistake: Treating a bill as if it is already law
Why this is incorrect: A bill is a proposed law going through Parliament. It becomes law only after completing the legislative process.
How to improve: Use bill while discussing parliamentary passage and Act of Parliament once the legislation has completed the process and received Royal Assent.
Mistake: Confusing the Second Reading with detailed line-by-line scrutiny
Why this is incorrect: The Second Reading concentrates on the main principles and purpose of the legislation. Detailed examination occurs later.
How to improve: Remember:
Second Reading = principlesCommittee Stage = detail
Mistake: Confusing public bill committees with select committees
Why this is incorrect: Public bill committees are connected directly to examining proposed legislation. Select committees principally scrutinise government departments and policy.
How to improve: Ask: "Am I examining a bill or examining the government?" If the focus is the bill itself, public bill committees are relevant.
Mistake: Assuming a government bill is unchanged if the government wins every final vote
Why this is incorrect: Government may make concessions or propose amendments precisely because parliamentary opposition has influenced it.
How to improve: Look for changes in government behaviour, not only formal parliamentary defeats.
Mistake: Saying the Lords has the same final legislative authority as the Commons
Why this is incorrect: The Lords can scrutinise, amend and challenge legislation, but the constitutional balance favours the elected Commons.
How to improve: Distinguish between the Lords' ability to influence legislation and the Commons' ultimate constitutional superiority.
Mistake: Describing the Salisbury Convention as an Act of Parliament
Why this is incorrect: The Salisbury Convention is a constitutional convention, not statute law.
How to improve: Link Salisbury to your knowledge of the sources of the constitution, where conventions operate alongside statute law and other constitutional sources.
Mistake: Saying Salisbury prevents the Lords from examining manifesto legislation
Why this is incorrect: The convention concerns delaying or blocking manifesto legislation. It does not remove the Lords' wider revising and scrutinising role.
How to improve: Explain the balance: scrutiny remains possible, but the electoral mandate of the Commons is respected.
Exam-Style Questions ✍️
The shorter questions below build the knowledge and analytical skills needed for the extended questions used in Edexcel A-Level Politics.
Question 1
What is a legislative bill? (1 mark)
Question 2
Put the following stages into the correct order:
Third Reading
Committee Stage
First Reading
Report Stage
Second Reading
(2 marks)
Question 3
Explain the difference between the Second Reading and Committee Stage of a bill. (4 marks)
Question 4
Explain two ways in which a public bill committee can influence government legislation. (6 marks)
Question 5
Explain two ways in which the House of Lords can influence a bill during the legislative process. (6 marks)
Question 6
A government has a substantial Commons majority. Its bill passes its Second Reading comfortably. During later scrutiny, government backbenchers express concerns and a public bill committee receives evidence identifying problems with part of the legislation. Ministers subsequently propose amendments which are accepted.
Analyse what this situation suggests about Parliament's ability to shape government legislation. (8 marks)
Question 7
Read the following source.
One view is that the government dominates the legislative process. A government with a reliable Commons majority can use party loyalty to pass its legislation, while public bill committees may lack time and specialist expertise. The Lords can challenge bills but its unelected status and constitutional restrictions mean that it cannot normally insist on its preferred outcome.An alternative view is that this underestimates parliamentary influence. Governments need the support of their own MPs and may alter bills to prevent rebellions. Public bill committees can identify problems and the Lords has more time and specialist expertise for detailed scrutiny. Amendments and threatened defeats may therefore force ministers to compromise even when the government ultimately wins the parliamentary votes.
Using the source, evaluate the view that Parliament has little influence over government legislation. (30 marks)
In your response you must:
compare and contrast the different opinions in the source;
examine and debate these views in a balanced way;
analyse and evaluate the political information presented;
reach a substantiated judgement.
Question 8
Evaluate the view that the Salisbury Convention strikes an effective balance between the democratic authority of the House of Commons and the revising role of the House of Lords. (30 marks)
Answers and Mark Scheme
Question 1
Answer:Â A proposed law passing through Parliament. (1 mark)
Question 2
Correct order:
First Reading
Second Reading
Committee Stage
Report Stage
Third Reading
Award 2 marks for the complete correct sequence.
Award 1 mark where most stages are correctly ordered.
Question 3
Award up to 4 marks.
A strong answer should explain that:
the Second Reading focuses on the broad principles and overall purpose of the bill;
the Committee Stage involves more detailed examination of the legislation and consideration of amendments.
Full marks require a clear distinction rather than two disconnected descriptions.
Question 4
Award up to 3 marks per developed point, to a maximum of 6 marks.
Possible answers include:
Detailed scrutiny: A public bill committee examines provisions within the bill and may identify weaknesses that need changing.
Evidence: Information from outside experts may alert ministers to problems in legislation.
Opposition proposals: Non-government parliamentarians can propose changes and generate pressure for amendments.
Government response: Even where the final amendment is proposed by ministers, committee scrutiny may have prompted the change.
Question 5
Award up to 3 marks per developed point, to a maximum of 6 marks.
Possible answers include:
Detailed scrutiny: Peers may have greater time and specialist knowledge with which to examine legislation.
Amendments: The Lords can propose changes that may gain wider parliamentary support.
Government defeats: A government without a Lords majority may lose votes and be encouraged to compromise.
Reconsideration: Even where the Commons ultimately rejects an amendment, Lords pressure may force ministers to justify or modify legislation.
Question 6
A strong response should recognise that the example can support two apparently competing interpretations.
Government strength:
the government has a large Commons majority;
its bill passed the Second Reading comfortably;
ministers ultimately proposed the amendments themselves.
However, parliamentary influence is also clear:
backbench criticism created political pressure;
committee scrutiny identified problems;
external evidence contributed to examination;
ministers changed their proposals before being defeated.
Judgement: The situation demonstrates that parliamentary effectiveness cannot be measured simply by counting government defeats. Parliament may shape legislation by causing ministers to amend bills voluntarily.
Question 7
30 marks: AO1 10, AO2 10, AO3 10
Strong answers should organise paragraphs around paired arguments.
Arguments supporting the view that Parliament has little influence:
governments with reliable Commons majorities usually pass their bills;
party loyalty and whipping strengthen government control;
public bill committees may lack time and specialist expertise;
government-backed amendments dominate in the Commons;
the Lords possesses weaker constitutional authority;
Lords objections can ultimately be overridden or rejected.
Arguments challenging the view:
governments must maintain backbench support;
threatened rebellions may force concessions;
public bill committees can identify weaknesses;
expert evidence can influence ministers;
the Lords has greater time and specialist expertise;
crossbenchers can promote amendments;
government may prefer compromise to confrontation.
Analysis and evaluation:
The crucial distinction is between formal parliamentary defeat and influence over the final content of legislation.
A government that changes a bill to avoid defeat has technically won the vote, but Parliament may nevertheless have influenced the legislation substantially.
Possible overall judgement: Government normally possesses significant advantages in the legislative process, especially with a secure Commons majority. However, it is too strong to say Parliament has little influence because Commons backbenchers, committees and the Lords can shape legislation indirectly by creating pressure for government amendments and compromise.
Question 8
30 marks: AO1 10, AO2 10, AO3 10
Arguments that Salisbury creates an effective balance:
the Commons is directly elected and therefore possesses stronger democratic legitimacy;
governments should normally be able to implement commitments contained in their election manifestos;
the convention prevents the unelected Lords from frustrating an electoral mandate;
the Lords remains able to scrutinise and revise legislation;
the arrangement combines Commons democratic authority with second-chamber scrutiny.
Arguments questioning the balance:
the convention further restricts a chamber that already possesses weaker formal powers;
limitations on Lords opposition may reduce checks on governments with strong Commons majorities;
detailed Lords scrutiny can identify problems even in legislation based on manifesto commitments;
reducing the Lords' ability to resist government may strengthen executive dominance of Parliament.
Comments