Understanding a Bill: a guide for stakeholders

What is a bill?

A Bill is a proposal for a new law, or a proposal to change an existing law, that is presented for debate and decision in the Northern Ireland Assembly.

How can I find out about a bill?

Bills are made public after they have been introduced to the Assembly. You can submit or give evidence to committees during the committee stage of a bill. You can find out about Bills being considered by the Assembly on the Assembly Legislation webpage.

What is the difference between primary and secondary legislation?

Primary legislation (a Bill) usually contains the framework of the law in a particular area (such as creating a licencing system or establishing a range of duties and responsibilities on appropriate bodies). Often more detailed provisions, or provisions that are subject to change over time (such as licence fee increases) are contained within secondary or subordinate legislation (regulations); but these types of provisions can only be made if the 'parent' Bill or Act allows for them.

How can I prepare to give evidence on a bill?

When giving written, oral or other evidence to an Assembly Committee on a Bill you should address your comments to the individual clauses. Your evidence should be as specific to the clauses as possible and it should seek to avoid general comments on policy issues.

Amendments are proposals to change, leave out or add to the existing wording of clauses and schedules within a bill. The purpose of amendments is, following scrutiny and reflection, to develop or refine the bill so that it gives better effect to what the law is intending to do.

Members and stakeholders often have ideas on how a bill should be amended. While only members can formally submit amendments for debate, you can propose potential amendments or ideas for amendments to committees during the committee stage of a bill. Committees find it very useful when stakeholders can provide suggestions on how specific clauses within the bill could be improved, refined or developed.

What are the stages of a bill?

A Bill has to pass through a number of stages or steps before it can become law. Each stage has its own purpose. The key stages or steps are:

 

  • First Stage (also known as Introduction): the Bill is formally introduced in the Assembly and published: there is no debate;
  • Second Stage: a debate on the general principles of the Bill and a vote to decide if the Bill can continue on its journey;
  • Committee Stage: the relevant statutory committee considers the Bill in detail and discusses any potential amendments;
  • Consideration Stage: the first opportunity for Members to debate and vote on proposed amendments on the Assembly floor as well as voting for the clauses/ schedules as drafted or as amended to be included within the Bill (stand part);
  • Further Consideration Stage: a final opportunity to amend the Bill;
  • Final Stage: a final debate and vote on whether to pass the Bill;
  • Royal Assent: following all its stages, a Bill must receive Royal Assent to become law.

 

Explanatory and Financial Memorandum (EFM)

The Explanatory and Financial Memorandum ('EFM') is prepared by the Department or MLA who has introduced the bill. It is intended to be a helpful guide to the Bill and it sets out the nature of the issue(s) the Bill intends to address; consultation that has been carried out; options considered and chosen; cost implications; and it explains each clause. The EFM can help you to understand the Bill, but it is not formally part of it and it is no substitute for reading and understanding the Bill itself.

Index

The index appears before the clauses and is like a table of contents. It gives a quick overview of the Bill's contents and lets you easily locate clauses you may be interested in. A longer Bill can be divided into parts. Each part deals with a different aspect of the bill's subject matter and may also be split into divisions and subdivisions known as chapters and cross headings.

Titles

Each Bill has two titles: a long litle which introduces it and a short title by which it is generally known and referred to publicly.

  • The Short Title: this appears on the cover page, along the top of each page, and typically appears as a clause within the Bill entitled Short Title, e.g. the School Age Bill;
  • The Long Title: begins 'A BILL TO…'; the Long Title comprises the main themes of the Bill, reflects the content of the Bill, and is the starting point in understanding what the Bill is about; e.g. A Bill to amend the meaning of "compulsory school age" in the Education Orders.

Clauses

Bills are divided into clauses, each containing one topic, which are numbered and titled. Longer clauses are broken down into subsections, which in turn can be broken down into paragraphs, and then sub-paragraphs.

Interpretation

Bills may contain an interpretation section which sets out the definitions used within the Bill, noting how particular words or phrases are to be interpreted.

Commencement

A commencement clause outlines when the Act will come into operation. Often different sections of an Act will come into operation at different times. There may be a variety of reasons for this including allowing time for preparatory work prior to certain provisions coming into operation. There are three broad options for commencement, and a Bill may contain a mixture of these options:

  • Royal Assent: the Bill will come into operation after it receives Royal Assent;
  • Fixed date(s): the Bill specifies one or more dates on which its provisions will come into operation;
  • Date to be specified by secondary legislation: the Bill provides for secondary legislation, such as a commencement order, to determine the date of commencement.

Transitional provisions

Transitional provisions deal with the move from the old law to the new law. For example, a Bill may provide for certain transitional provisions to 'ease people in' to the new arrangements, or note that the new law does not apply to cases that have already begun. Transitional provisions are sometimes dealt with in a commencement clause, but are often left to be addressed by secondary legislation.

Schedules

Schedules may appear at the back of the Bill. A Schedule spells out in more detail, if appropriate, how the content of the Bill is to work in practice.

Every Schedule must refer to a specific clause (or a part of a clause) which establishes the provision and there is always a reference below the schedule title to that source clause. For example, the Adoption and Children Bill has a number of Schedules. Schedule 1 is entitled 'Registration for Adoptions' and it can be seen that it links to Section 76(6). Section 76 sets out the obligation to maintain an Adopted Children Register and the Schedule details what those obligations are in practice.

An example of the layout of a Bill.

Example layout of a Bill