Private Member's Bill
Encyclopedia
A member of parliament’s legislative motion
, called a private member's bill or a member's bill in some parliament
s, is a proposed law introduced by a member of a legislature
. In most countries with a parliamentary system
, most bills are proposed by the government, not by individual members of the legislature. In the United States
and other countries in which the executive is formally separated from the legislature, all bills must originate from the legislature and are therefore all proposed by members of the legislature.
In the United Kingdom
and Canada
, an individual member of parliament
(MP) is called a private member (of parliament) (or backbencher
) and therefore an MP's legislative motion is called a private member's bill. The MP who introduces a legislative motion can be a member of a party represented in the government
(cabinet) or in the opposition
. It can also be introduced by a crossbencher. In most parliaments within the Westminster System
of parliamentary democracy, the overwhelming majority of bill
s introduced are proposed by members of the cabinet
. However, some parliamentary time is regularly set aside so that backbenchers and crossbenchers may also introduce bills.
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.
The United Kingdom parliament
has a long history of enacting private member's 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.
, 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 "handout" 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 Home Secretary
Roy Jenkins
the Bill was given enough government time to allow a full debate.
Other private member's bills to have been enacted include the Adoption Act 1964, the Murder (Abolition of Death Penalty) Act 1965, the Charter Trustees Act 1986
, the Law Reform (Year and a Day Rule) Act 1996
, the Knives Act 1997, the British Nationality (Hong Kong) Act 1997, the Female Genital Mutilation Act 2003
, the Gangmasters (Licensing) Act 2004
, the Sustainable Communities Act 2006.
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). 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 standing 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.
Only 15 private member's bills or private senator's bills introduced into the Australian Parliament
since 1901 have been passed into law. Of these, eight have been initiated by senators and seven by members. 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 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.
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.
, 1988, Vol 11, No. 3.) Even under the new rules, very few private member's bills become law. But passage is more likely in minority government
situations. 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.
It should be noted that 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:
. 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.
Motion (parliamentary procedure)
In parliamentary procedure, a motion is a formal proposal by a member of a deliberative assembly that the assembly take certain action. In a parliament, this is also called a parliamentary motion and includes legislative motions, budgetary motions, supplementary budgetary motions, and petitionary...
, called a private member's bill or a member's bill in some parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
s, is a proposed law introduced by a member of a legislature
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
. In most countries with a parliamentary system
Parliamentary system
A parliamentary system is a system of government in which the ministers of the executive branch get their democratic legitimacy from the legislature and are accountable to that body, such that the executive and legislative branches are intertwined....
, most bills are proposed by the government, not by individual members of the legislature. In the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and other countries in which the executive is formally separated from the legislature, all bills must originate from the legislature and are therefore all proposed by members of the legislature.
In the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
and Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, an individual member of parliament
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
(MP) is called a private member (of parliament) (or backbencher
Backbencher
In Westminster parliamentary systems, a backbencher is a Member of Parliament or a legislator who does not hold governmental office and is not a Front Bench spokesperson in the Opposition...
) and therefore an MP's legislative motion is called a private member's bill. The MP who introduces a legislative motion can be a member of a party represented in the government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
(cabinet) or in the opposition
Opposition (parliamentary)
Parliamentary opposition is a form of political opposition to a designated government, particularly in a Westminster-based parliamentary system. Note that this article uses the term government as it is used in Parliamentary systems, i.e. meaning the administration or the cabinet rather than the state...
. It can also be introduced by a crossbencher. In most parliaments within the Westminster System
Westminster System
The Westminster system is a democratic parliamentary system of government modelled after the politics of the United Kingdom. This term comes from the Palace of Westminster, the seat of the Parliament of the United Kingdom....
of parliamentary democracy, the overwhelming majority of bill
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
s introduced are proposed by members of the cabinet
Cabinet (government)
A Cabinet is a body of high ranking government officials, typically representing the executive branch. It can also sometimes be referred to as the Council of Ministers, an Executive Council, or an Executive Committee.- Overview :...
. However, some parliamentary time is regularly set aside so that backbenchers and crossbenchers may also introduce bills.
A private member's bill is not to be confused with a private bill
Private bill
A private bill is a proposal for a law that would apply to a particular individual or group of individuals, or corporate entity. If enacted, it becomes a private Act . This is unlike public bills which apply to everyone within their jurisdiction...
, which is a bill that only affects an individual citizen or group.
The United Kingdom parliament
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
has a long history of enacting private member's bills. In contrast, the Oireachtas
Oireachtas
The Oireachtas , sometimes referred to as Oireachtas Éireann, is the "national parliament" or legislature of Ireland. The Oireachtas consists of:*The President of Ireland*The two Houses of the Oireachtas :**Dáil Éireann...
(parliament) of the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
rarely passes private members' bills, with the overwhelming number of bills being passed being introduced by members of the cabinet.
United Kingdom
In the United Kingdom House of CommonsBritish House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
, there are several routes to introducing private members' bills. In each session, twenty backbench MPs are selected by ballot
Ballot
A ballot is a device used to record choices made by voters. Each voter uses one ballot, and ballots are not shared. In the simplest elections, a ballot may be a simple scrap of paper on which each voter writes in the name of a candidate, but governmental elections use pre-printed to protect the...
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
Ten Minute Rule
The Ten Minute Rule, also known as Standing Order No. 23, is a procedure in the British Parliament for the introduction of Private Member's Bills in addition to the 20 per session normally permissible. It is one of the ways in which a bill may receive its first reading.Any MP may introduce a bill...
, 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:
- LobbyingLobbyingLobbying is the act of attempting to influence decisions made by officials in the government, most often legislators or members of regulatory agencies. Lobbying is done by various people or groups, from private-sector individuals or corporations, fellow legislators or government officials, or...
a government department or minister. - Lobbying a member of parliament who has a private member's bill coming up.
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 "handout" or "whips' bills." The Abortion Act 1967
Abortion Act 1967
The Abortion Act 1967 is an Act of the Parliament of the United Kingdom legalising abortions by registered practitioners, and regulating the free provision of such medical practices through the National Health Service ....
was enacted in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
through this means, with the Bill itself being introduced by a Liberal Party
Liberal Party (UK)
The Liberal Party was one of the two major political parties of the United Kingdom during the 19th and early 20th centuries. It was a third party of negligible importance throughout the latter half of the 20th Century, before merging with the Social Democratic Party in 1988 to form the present day...
Member of Parliament, David Steel
David Steel
David Martin Scott Steel, Baron Steel of Aikwood, KT, KBE, PC is a British Liberal Democrat politician who served as the Leader of the Liberal Party from 1976 until its merger with the Social Democratic Party in 1988 to form the Liberal Democrats...
; through the support from Home Secretary
Home Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
Roy Jenkins
Roy Jenkins
Roy Harris Jenkins, Baron Jenkins of Hillhead OM, PC was a British politician.The son of a Welsh coal miner who later became a union official and Labour MP, Roy Jenkins served with distinction in World War II. Elected to Parliament as a Labour member in 1948, he served in several major posts in...
the Bill was given enough government time to allow a full debate.
Other private member's bills to have been enacted include the Adoption Act 1964, the Murder (Abolition of Death Penalty) Act 1965, the Charter Trustees Act 1986
Charter Trustees
In England and Wales, charter trustees are set up to maintain the continuity of a town charter or city charter after a district with the status of a borough or city has been abolished, until such time as a parish council is established...
, the Law Reform (Year and a Day Rule) Act 1996
Law Reform (Year and a Day Rule) Act 1996
The Law Reform Act 1996 is a short Act of Parliament which abolished the year and a day rule in English law.The year and a day rule was an ancient rule of the common law which created a conclusive presumption that a death was not murder if it occurred more than a year and a day since the act ...
, the Knives Act 1997, the British Nationality (Hong Kong) Act 1997, the Female Genital Mutilation Act 2003
Female Genital Mutilation Act 2003
The Female Genital Mutilation Act 2003 is an Act of the Parliament of the United Kingdom. It extended previous legislation by also making it illegal for UK nationals to perform female genital mutilation outside the borders of the UK, and increased the maximum penalty from five to 14 years.The Act...
, the Gangmasters (Licensing) Act 2004
Gangmasters (Licensing) Act 2004
The Gangmasters Act 2004 is an Act of the Parliament of the United Kingdom that regulates the agencies that place vulnerable workers in agricultural work, and the shellfish collecting and packing industries . It is the most recent plank of UK agency worker law...
, the Sustainable Communities Act 2006.
House of Commons procedure
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
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
. 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
Minister (government)
A minister is a politician who holds significant public office in a national or regional government. Senior ministers are members of the cabinet....
and whips
Whip (politics)
A whip is an official in a political party whose primary purpose is to ensure party discipline in a legislature. Whips are a party's "enforcers", who typically offer inducements and threaten punishments for party members to ensure that they vote according to the official party policy...
, 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). 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
Order Paper
The Order Paper is a daily publication in the Westminster system of government which lists the business of parliament for that day's sitting. A separate paper is issued daily for each house of the legislature....
, 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 standing committee
Standing Committee
In the United States Congress, standing committees are permanent legislative panels established by the United States House of Representatives and United States Senate rules. . Because they have legislative jurisdiction, standing committees consider bills and issues and recommend measures for...
, 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
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
. 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.
Australia
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 15 private member's bills or private senator's bills introduced into the Australian Parliament
Parliament of Australia
The Parliament of Australia, also known as the Commonwealth Parliament or Federal Parliament, is the legislative branch of the government of Australia. It is bicameral, largely modelled in the Westminster tradition, but with some influences from the United States Congress...
since 1901 have been passed into law. Of these, eight have been initiated by senators and seven by members. 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
Compulsory voting
Compulsory voting is a system in which electors are obliged to vote in elections or attend a polling place on voting day. If an eligible voter does not attend a polling place, he or she may be subject to punitive measures such as fines, community service, or perhaps imprisonment if fines are unpaid...
for federal elections. This was introduced by Senator for Tasmania
Tasmania
Tasmania is an Australian island and state. It is south of the continent, separated by Bass Strait. The state includes the island of Tasmania—the 26th largest island in the world—and the surrounding islands. The state has a population of 507,626 , of whom almost half reside in the greater Hobart...
Herbert Payne
Herbert Payne
Herbert James Mockford Payne was an Australian politician. Born in Hobart, Tasmania, he was educated at state schools before becoming an investor and grazier. In 1903, he was elected to the Tasmanian House of Assembly for Burnie, transferring to Darwin in 1909. He was Treasurer, Minister for...
of the Nationalist Party 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
Euthanasia
Euthanasia refers to the practice of intentionally ending a life in order to relieve pain and suffering....
. This was introduced by Kevin Andrews
Kevin Andrews (Australian politician)
Kevin James Andrews is an Australian politician and member of the Liberal Party of Australia. He is a member of the House of Representatives and was Minister for Immigration and Citizenship in the Howard Government, having previously been Minister for Employment and Workplace Relations from 7...
, Member for Menzies, after the Northern Territory Legislative Assembly
Northern Territory Legislative Assembly
The Legislative Assembly of the Northern Territory is the unicameral parliament of the Northern Territory in Australia. It sits in Parliament House, located on State Square, close to the centre of the city of Darwin.-History:...
had passed such a law, the Rights of the Terminally Ill Act 1995. Although Andrews was a member of the Liberal Party
Liberal Party of Australia
The Liberal Party of Australia is an Australian political party.Founded a year after the 1943 federal election to replace the United Australia Party, the centre-right Liberal Party typically competes with the centre-left Australian Labor Party for political office...
, members and senators were allowed a conscience vote
Conscience vote
A conscience vote or free vote is a type of vote in a legislative body where legislators are allowed to vote according to their own personal conscience rather than according to an official line set down by their political party....
on the issue, and each side of the debate was supported by members and senators from all political parties.
Notable also was the private member's bill introduced by Alan Corbett
Alan Corbett
Alan Gordon Corbett is a former Australian politician. Originally a teacher, he was the founder of A Better Future for Our Children, a New South Wales political party. In 1995, he was elected to the New South Wales Legislative Council for that party, and served until his retirement in 2003....
in the New South Wales Legislative Council
New South Wales Legislative Council
The New South Wales Legislative Council, or upper house, is one of the two chambers of the parliament of New South Wales in Australia. The other is the Legislative Assembly. Both sit at Parliament House in the state capital, Sydney. The Assembly is referred to as the lower house and the Council as...
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
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. 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
John Yu
John Samuel Yu AC is a distinguished paediatrics doctor. Born in Nanjing, Jiangsu province, China, he attended Fort Street High School and the University of Sydney in Sydney, Australia....
, CEO of Royal Alexandra Hospital for Children
Royal Alexandra Hospital for Children
The Royal Alexandra Hospital for Children is a children's hospital in Sydney, Australia. The Hospital was founded in 1880 as "The Sydney Hospital for Sick Children"...
, Sydney
Sydney
Sydney is the most populous city in Australia and the state capital of New South Wales. Sydney is located on Australia's south-east coast of the Tasman Sea. As of June 2010, the greater metropolitan area had an approximate population of 4.6 million people...
(who had been honoured by the Australian Government with the prestigious Australian of the Year
Australian of the Year
Since 1960 the Australian of the Year Award has been part of the celebrations surrounding Australia Day , during which time the award has grown steadily in significance to become Australia’s pre-eminent award. The Australian of the Year announcement has become a very prominent part of the annual...
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
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
Labor Government
Australian Labor Party
The Australian Labor Party is an Australian political party. It has been the governing party of the Commonwealth of Australia since the 2007 federal election. Julia Gillard is the party's federal parliamentary leader and Prime Minister of Australia...
for the bill), it was passed intact and became law in 2001.
Canada
In Canada, a private member's bill 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 ReviewCanadian Parliamentary Review
The Canadian Parliamentary Review, or the Review is a quarterly publication of the Canadian members of the Commonwealth Parliamentary Association. The publication began as a newsletter known as the Canadian Regional Review in 1978 but was renamed in 1980. The stated objective of the journal is to...
, 1988, Vol 11, No. 3.) Even under the new rules, very few private member's bills become law. But passage is more likely in minority government
Minority governments in Canada
During the history of Canadian politics, eleven minority governments have been elected at the federal level. There have also been two minority governments resulting from governments being replaced between elections, for a total of thirteen federal minority governments in twelve separate minority...
situations. 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.
It should be noted that 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
Prorogation in Canada
Prorogation is the end of a parliamentary session in the Parliament of Canada and the parliaments of its provinces and territories. It differs from a recess or adjournment, which do not end a session, and from a complete dissolution of parliament, which ends both the session and the entire...
.
Notable private members bills have been the following:
Before the 1986 rules
- One of the bills passed under the old (pre-1986) rules was a 1964 private member's bill to rename "Trans-Canada Airlines" to "Air CanadaAir CanadaAir Canada is the flag carrier and largest airline of Canada. The airline, founded in 1936, provides scheduled and charter air transport for passengers and cargo to 178 destinations worldwide. It is the world's tenth largest passenger airline by number of destinations, and the airline is a...
", introduced by then-rookie MP Jean ChrétienJean ChrétienJoseph Jacques Jean Chrétien , known commonly as Jean Chrétien is a former Canadian politician who was the 20th Prime Minister of Canada. He served in the position for over ten years, from November 4, 1993 to December 12, 2003....
. Chrétien got his bill voted on by convincing the other MPs scheduled to speak during Private Member's Hour to skip their speech and instead request an immediate vote on the bill.
After the 1986 rules
The new rules took effect in 1986. In the 24 years between Nov. 5, 1984 and Sep. 7, 2008, 81 private member’s bills passed. Passage was (and is) more likely during the periods of minority governments in CanadaMinority governments in Canada
During the history of Canadian politics, eleven minority governments have been elected at the federal level. There have also been two minority governments resulting from governments being replaced between elections, for a total of thirteen federal minority governments in twelve separate minority...
. The ramifications of the 1986 rules and new probability of success of private members bills were discussed in the Canadian Parliamentary Review
Canadian Parliamentary Review
The Canadian Parliamentary Review, or the Review is a quarterly publication of the Canadian members of the Commonwealth Parliamentary Association. The publication began as a newsletter known as the Canadian Regional Review in 1978 but was renamed in 1980. The stated objective of the journal is to...
, 1988, Vol 11, No. 3.
- NDPNew Democratic PartyThe New Democratic Party , commonly referred to as the NDP, is a federal social-democratic political party in Canada. The interim leader of the NDP is Nycole Turmel who was appointed to the position due to the illness of Jack Layton, who died on August 22, 2011. The provincial wings of the NDP in...
MP Lynn McDonaldLynn McDonaldLynn McDonald, PhD is a university professor, anti-tobacco activist and former member of the Canadian House of Commons. She is a former president of the National Action Committee on the Status of Women and was the New Democratic Party Member of Parliament for Broadview—Greenwood from 1982 until...
succeeded in getting her private member's bill, the "Non-smokers' Health Act" (aka Bill C-204), passed in 1986, (given Royal AssentRoyal AssentThe granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
on June 28, 1988) restricting smoking in federally-regulated workplaces and on airplanes, trains and ships. The bill was passed in a free vote of the House of Commons despite being voted against by all members of the federal cabinet, including the Minister of Health.
India
Of the 300 odd Private Members’ Bills introduced in the 14th Lok Sabha, barely 4% were discussed; 96% lapsed without even a single debate in the House. Till date, Parliament has passed 14 Private Members’ Bills. Six of these were passed in 1956 alone and The last Private Members’ Bill passed by Parliament was ‘The Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Bill, 1968’ that became an Act on 9th August, 1970. No Private Members’ Bill has been passed by Parliament since 1970.See also
- Bill (proposed law)Bill (proposed law)A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
- Right of initiative (legislative)
- Table (parliamentary procedure)Table (parliamentary procedure)In parliamentary procedure, a motion to table has two different and contradictory meanings:*In the United States, table usually means the motion to lay on the table or motion to postpone consideration; a proposal to suspend consideration of a pending motion...
, which has a different meaning in the US compared to the other countries mentioned in this article.