What are Private Members’ Bills and do they work?
04/10/2024

What are Private Members’ Bills and do they work?

Samuel Chivers

 

This week, Kim Leadbeater MP announced her intention to introduce a new Bill which would provide terminally ill, eligible adults a choice to shorten their dying at the end of their life and support their families thereafter. This comes just months after a similar bill was introduced into the Lords by Lord Falconer. But what are Private Members’ bills, and do they work?

PMBs are public bills, just like Government bills, with the key difference being that they are introduced by MPs and Lords who do not hold a ministerial role. There are three routes through which this can happen in the Commons, each with their own nuances and rules; Ballot, Ten Minute Rule, or Presentation. The ballot, which is by far the most successful route, is undertaken at the start of each session of Parliament. A similar ballot process also exists in the Lords.

PMBs are often considered ineffective at achieving change, with a small number progressing onto the statute book. This is largely owing to the Government’s control over parliamentary business in the Commons – PMBs are heard on ‘sitting Fridays’, of which there are only 13 in a session and 7 of those 13 are dedicated to the 20 selected ballot bills. This form of legislation is also subject to more filibustering, with some MPs electing to prolong debates to run down the clock. As ballot bills are heard in the order they are selected, those higher up the list are most likely to proceed to debate and the possibility of passing into law. Herein lies the significance of Leadbeater’s pole position, her bill will be afforded priority and given the best chance of proceeding through the necessary stages.

That said, it will still need popular support. As with any public bill, a PMB can only pass into legislation with the requisite votes from members in both houses. For Leadbeater’s bill, Starmer is reported to make it a ‘vote of conscience’ – this removes the whip and allows members to vote in whatever way they please, without fear of repercussions from the party. It is also stated that he will provide drafting support to ensure that the bill is not dropped as a result of technical failures.

These actions speak to the intent of the new Government to listen to parliamentarians, the extent of which will be seen over the coming months and years. It is in the interest of Government to support the PMB process, as it provides an avenue to deliver legislative change on issues which they can’t otherwise fit into their own packed programme, whilst strengthening the relationship between themselves and Parliament.

However, whilst the path for most PMBs will still be rocky, their effectiveness should not be assessed solely by their legislative passage. Alongside other mechanisms, such as debates and parliamentary questions, they are a campaigning tool which bring important issues directly to Government for a response. A positive outcome for a PMB could be the successful passage of a bill, but could also be a commitment from Government to review existing policy on the issue or introduce the proposed provisions into its own legislation.

Government bills remain the most effective form of legislation, but the role of the PMB should not be understated, and the signals from Government so far are positive. When trying to effect change, this route should not be overlooked as a means to influence both policy and legislative action.

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