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Aprivate member's bill is abill (proposed law) introduced into alegislature by a legislator who is not acting on behalf of theexecutive branch. The designation "private member's bill" is used in mostWestminster system jurisdictions, in which a "private member" is anymember of parliament (MP) who is not a member of thecabinet (executive). Other labels may be used for the concept in other parliamentary systems; for example, the labelmember's bill is used in theScottish Parliament and theNew Zealand Parliament,[1][2] the termprivate senator's bill is used in theAustralian Senate,[3] and the termpublic bill is used in theSenate of Canada.[4] In legislatures where the executive does not have theright of initiative, such as theUnited States Congress, the concept does not arise since bills are always introduced by legislators (or sometimes bypopular initiative).
In the Westminster system, most bills are "government bills" introduced by the executive, with private members' bills the exception; however, some time is set aside in the schedule for reading such bills. They may be introduced by non-ministerial MPs from government-supporting parties (backbenchers), by members ofopposition parties (frontbencher or backbencher), or byindependents orcrossbenchers. The IsraeliKnesset has a long history of enacting private members' bills: a slight majority of the laws passed by it originated as private members' bills, and thousands more are introduced without being passed.[5] In contrast, theOireachtas (parliament) of theRepublic of Ireland rarely passes private members' bills, with the overwhelming number of bills being passed being introduced by members of the cabinet.[6]
A private member's bill is not to be confused with aprivate bill, which is a bill that only affects an individual citizen or group.
In Australia, a draft bill is prepared by theParliamentary Counsel, acting under instructions from the MP. After community consultation, the member introduces the bill into the Parliament.[7]
Only 30 private members' bills or private senators' bills introduced into theAustralian Parliament since 1901 have been passed into law.[6] Of these, thirteen have been initiated by senators, ten by members and seven by the Speaker and Senate President. 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 at the dissolution of each parliament following the announcement of a federal election.
Among the most notable of the successful bills was the Commonwealth Electoral Bill 1924, which amended theCommonwealth Electoral Act 1918 to introducecompulsory voting for federal elections. This was introduced by Senator forTasmaniaHerbert Payne of theNationalist 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 givenroyal assent on 31 July.[8] Despite much public debate ever since on the issue of compulsory voting, the legislation has never been repealed.[9]
Another very notable private member's bill was theEuthanasia Laws Bill 1996, which deprived the Northern Territory, Australian Capital Territory and Norfolk Island legislatures of the power to make laws permittingeuthanasia. This was introduced byKevin Andrews, Member for Menzies, after theNorthern Territory Legislative Assembly had passed such a law, theRights of the Terminally Ill Act 1995. Although Andrews was a member of theLiberal Party, members and senators were allowed aconscience vote on the issue, and each side of the debate was supported by members and senators from all political parties. These laws prohibiting assisted dying were later repealed by the Restoring Territory Rights Bill 2022, this too was a private member's bill, however this was introduced by Labor MPs.[10]
A private member's bill, theMarriage Amendment (Definition and Religious Freedoms) Act 2017, legalisedsame-sex marriage throughout Australia on 9 December 2017. It was introduced byDean Smith, Senator for Western Australia following the "Yes" result in thepostal survey.[11]
Notable also was the private member's bill introduced in 2000 byAlan Corbett in theNew South Wales Legislative Council to amend theCrimes Act 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 fromNew South Wales organisations related tochild health and welfare and was backed by several prominent members of the medical profession, particularly in thepaediatric field, notablyJohn Yu, CEO ofRoyal Alexandra Hospital for Children,Sydney (who had been honoured by theAustralian Government with the prestigiousAustralian 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 thestateLabor Government for the bill), it was passed intact and became law in 2001.[12]
Notably, in New South Wales theSydney MPAlex Greenwich has had three successful private members' bills, those being theAbortion Law Reform Act 2019,[13] the Voluntary Assisted Dying Act 2021,[14] and the Equality Legislation Amendment (LGBTIQA+) Bill 2023.[15]
In Canada, a private member's bill (French:projet de loi émanant d'un député) is a bill introduced in theHouse of Commons by a member of parliament who is neither a cabinet minister nor a parliamentary secretary. 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 theCanadian Parliamentary Review, 1988, Vol 11, No. 3.[16]) Even under the new rules, very few private members' bills become law, but passage is more likely inminority government situations.[17] The vast majority of private members' bills that actually do become law are for the purpose of changing the name of theriding represented by the MP introducing the bill.
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 isprorogued.
Notable private members bills have been the following:
In the 98 years from 4 May 1910 to 7 September 2008, 229 private members' bills passed.[18]
The new rules took effect in 1986. In the 24 years between 5 November 1984 and 7 September 2008, 81 private members' bills passed.[18] Passage was (and is) more likely during the periods ofminority governments in Canada.[17] The ramifications of the 1986 rules and new probability of success of private members bills were discussed in theCanadian Parliamentary Review, 1988, Vol 11, No. 3.[16]
Article 74 of theHong Kong Basic Law prohibits private members' bills that relate to public expenditure, political structure or the operation of theGovernment. Private members' bills that involve government policies must be agreed by theChief Executive.[22][non-primary source needed] Whether the bill involves such issues are to be determined by theLegislative Council President.[23] For private members' bills proposed for the particular interest or benefit of any individual, association or body corporate, a fee of HK$33,500 for amendment bills, and HK$67,000 for principal bills must also be paid to the Director of Accounting Services.[24]
Of the 300 or so private members' bills introduced in the 14thLok Sabha, barely 4% were discussed; 96% lapsed without even a single debate in the House. To date,[needs update?] Parliament has passed a total of 14 private members' bills.
Following are the 14 Private Members' Bills which were passed:-
Five of these were passed in 1956 alone and after 47 years of passing the last bill, the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Bill, 1968 that became an Act on 9 August 1970; Rajya Sabha has passed theRights of Transgender Persons Bill, 2014 on April 24, 2015, which was introduced in the lower house, Lok Sabha on 26 February 2016.[25]
In Israel, a private member's bill (Hebrew:הצעת חוק פרטית) is a bill introduced in theKnesset by an MK who is neither a cabinet minister nor a deputy minister. The number of private members' bills an individual MK can submit is restricted, and their introduction requires approval by the Knesset Presidium (composed of theSpeaker of the Knesset and their deputies), who are allowed to reject bills which are racist in their essence or reject the Jewish character of the state.
Unlike government bills, which can be withdrawn at any point before theirthird reading, a private member's bill cannot be withdrawn after its committee stage, which occurs between first and second readings. In addition, private members' bills must undergo apreliminary reading, while government bills go to first reading directly when they are introduced.
Compared to otherWestminster system parliaments, the number of private members' bills introduced in the Knesset is very large: Between 2000 and 2016, the number of private members' bills introduced before the Knesset was 22,949, a world record.[26]
The number of laws passed by the Knesset which were introduced as private member's bills is also much larger than other Westminster system parliaments, but similar to those of Continental European parliaments.[27] However, this is a relatively recent phenomenon – while only 6% of laws passed by theThird Knesset where introduced as private members' bills, the equivalent share for theFifteenth Knesset is 53%, a slight majority.
As of September 2021, no private member's bill was passed in theMalaysian parliament.[28]
InNew Zealand, amember's bill (often misattributed as private member's bill) is one that is introduced by a member of Parliament who is not a minister. There can be a maximum of eight members' bills on the Order Paper awaiting their first reading at any one time. When a slot opens up, a ballot is held to select a new members' bill for introduction; each MP can submit only one member's bill at a time to the ballot. Every second Wednesday is reserved for debating members' bills, although this rule is overridden when certain government business is before the House, such as the Budget. Even when a Wednesday is devoted to members' bills, any private or local bills on the Order Paper are considered first.[29]
The ballot to select new members' bills is conducted by drawing numbered counters out of abiscuit tin, purchased in the 1980s from now-defunct department store chainDEKA. As a result, the member's bill process is nicknamed "biscuit tin democracy".[30][31]
Starting with the53rd Parliament (2020–23), a member's bill can be introduced directly if it has the support of at least 61 non-executive members of Parliament. This allows members' bills with broad support to avoid the ballot process, while excluding executive members prevents the member's bill process being an alternative way of progressing Government business.[32]
Notable legislation passed as a result of a member's bill includes:
In theParliament of Norway, any member may submit a private member's bill, called a representative's bill (Norwegian:representantforslag lovvedtak).[33][34] The other method of initiating legislation is by a "Proposition to theStorting" from theGovernment.[33][35]
In the United KingdomHouse of Commons, there are several routes to introducing private members' bills. In each session, twenty backbench MPs are selected byballot 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 theTen 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 members' 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 "handouts" or "whips' bills". TheAbortion Act 1967 was enacted in theUnited Kingdom through this means: with the Bill itself being introduced by aLiberal Party Member of Parliament,David Steel; through the support from LabourHome SecretaryRoy Jenkins the Bill was given enough government time to allow a full debate.
Other private members' bills to have been enacted include the Adoption Act 1964, theMurder (Abolition of Death Penalty) Act 1965, theCharter Trustees Act 1985, theLaw Reform (Year and a Day Rule) Act 1996, theKnives Act 1997, theBritish Nationality (Hong Kong) Act 1997, the Mental Health (Discrimination) Act 2003 theFemale Genital Mutilation Act 2003, theGangmasters (Licensing) Act 2004, theSustainable Communities Act 2007.
In principle, private members' bills follow much the sameparliamentary 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 theHouse 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 Governmentministers andwhips, will routinely attempt totalk 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).[36] 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 theorder 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 topublic bill 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 theHouse 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 bill originated in the Commons.
Senate public bills are legislative proposals not introduced on behalf of the government.
