Legislation

Legislative changes can have major implications for professionals across the materials, minerals and mining cycle. The processes through which laws are made in the UK can be lengthy and complex. Understanding the different stages required to enact a law and when there may be opportunities to influence the direction of legislation is thus a useful tool for IOM3 members.

 

Primary vs Secondary legislation

There are two main categories of legislation in the UK - primary and secondary. Primary legislation is an act of parliament, which goes through a normally extensive process of debate in both Houses. Usually, this sets out the main objectives and principal concerns.

Secondary legislation is subject to much less debate and is made by the government under powers it has been granted by parliament via primary legislation.

How is new primary legislation initiated?

In each parliamentary year, the government has a legislative programme, which is a plan for the bills it will present before parliament. This programme is influenced by the government’s political priorities and commitments, as well as by government departments. It is possible for a bill to go before parliament without being included in the legislative programme, for example a bill proposed by a member of parliament who is not in government, known as a Private Members Bill, or an emergency bill that is needed to address a new issue that has arisen during the session.

The development of a bill 

Most bills that pass through parliament originate from government and are part of the legislative programme. When a bill is given a slot on this programme, the relevant government department will create a bill team to coordinate its preparation. Officials with responsibility for the policy area addressed in the bill and the department’s legal advisors will feed into the work of the bill team. Together with specialist legal experts called Parliamentary Counsels, these staff complete the drafting, reviewing and redrafting of the bill until the department is satisfied.

In recent years it has become increasingly common for the government to publish draft bills before they are presented to parliament. This gives an opportunity for the bill to be examined by relevant parties and for amendments to be made to the text before it is formally introduced. Most draft bills will be examined by a ‘Public Bill Committee’ in the Commons or Lords, or by a joint committee made up of members of both houses (see below for more detail).

The government may also initiate a consultation process on draft bills, inviting inputs from the public. These often take the form of Green Papers and White Papers. A Green Paper is generally designed to gather feedback from parties both in and outside of parliament. White Papers, on the other hand, tend to communicate a more fixed set of government proposals, though some may also invite comment. The draft text of a bill may be amended in response to the outcome of such consultations.

The Parliamentary Stages

Once the government has finalised a draft bill, it will put it before the houses of parliament for consideration. Most bills can begin either in the House of Commons or the House of Lords.  Regardless of what house a bill starts in, the stages followed are broadly similar. Initially, there is a formal first reading of the bill, which introduces the bill to the house without an opportunity for members to comment on its provisions. This is followed by a second reading, where either MPs or Lords debate the bill. No amendments can be made at this stage, though members may indicate the changes they intend to propose in the future.

After the second reading the bill will enter the Committee stage, where it is assessed in detail, line-by-line. In the Commons, this work is generally undertaken by a specially convened Public Bill Committee, composed of a representative number of MPs from each political party. In contrast, in the House of Lords, the Committee stage usually takes place in the chamber, meaning that all peers can participate. During the committee stage, amendments can be made to existing provisions, or new material can be introduced.

Next, the bill goes to the report stage, in which the house discusses amendments that have been made. Further amendments can also be introduced, debated and voted on at this stage. Lastly, there is a third reading, during which members of the house cast a final vote to pass or reject the version of the bill before them.

Once a bill is passed in the house where it is first introduced, it moves to the other house and the process begins again. The first reading, second reading, committee stage, report stage and third reading are all repeated and new amendments are voted on. If there are any changes made to the bill in one house, it must be returned to the other house for review, where the changes may be accepted or rejected. As such, a bill may be passed back and forth between the Commons and Lords repeatedly before both houses agree on a text. This is known as parliamentary ping pong.

Once both houses have agreed to a version of the bill, it is given Royal Assent by the King and becomes an Act of Parliament and officially part of UK law. An act usually comes into force either immediately, after a specified length of time after it has been given royal assent (commonly two months), or on a date specified in the legislation. Some provisions of the act may only come into force once they have been ‘commenced’ by a Commencement Order, a form of secondary legislation.

How is secondary legislation enacted?

Secondary legislation, designed to build on, clarify or improve the workability of existing laws, is made by ministers and generally not subject to the same level of scrutiny as primary legislation. Statutory Instruments are the most common form of secondary legislation and can be laid before parliament in either the negative or the affirmative. A Statutory Instrument laid in the negative is automatically passed into law 40 days after it is laid before parliament, unless either House annuls it. The motion to annul is called a ‘prayer motion’ and must pass by a simple majority to stop the SI. Statutory Instruments laid in the affirmative are debated by a committee in the House of Lords and Commons, before being voted on. Statutory Instruments are almost never debated on the floor of the house and only a very small percentage have ever been rejected.

IOM3 activity

IOM3 follows the progression of legislation that is relevant to our communities. Where possible, we will input into this process, usually by responding to government consultations at the pre-legislative phase. The expertise of our members can highlight the most effective way to achieve the government’s aims and identify any unintended consequences that may arise from a bill. You can read more about IOM3 responses to government consultations in our explainer here.

One example of IOM3 input to the legislative process is the Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024. This was a Statutory Instrument introduced under the Environment Act 2021 and outlined the new system of Extended Producer Responsibility (EPR) for packaging in the UK.

 

These changes were brought into law through a several years’ long process. In December 2018, the government published its Resource and Waste Strategy, which included a new approach EPR. In February 2019, the Department of Environment, Food & Rural Affairs launched a consultation on reforming the packaging producer responsibility system, alongside other areas of the strategy. Based on the expertise of our members, IOM3 responded to this call, supporting the strategy and emphasising the importance of a full lifecycle approach. A second UK wide consultation on EPR was launched in March 2021, which sought views on the scheme’s design and governance. IOM3 also submitted to this consultation, highlighting in particular the need for ambitious recycling targets across materials.

In March 2022, the government published a response to the EPR consultations and confirmed plans to introduce the new system. After seeking views on an initial draft regulation in July 2023, the government sent a notification of the changes to the EU and WTO in May 2024. Finally, the draft regulation was laid before the houses of parliament in October 2024 and made law on 11 December.

 

We strive to keep members updated on all relevant legislative developments and support them to contribute to this process. If you want to get involved in IOM3 policy work, we regularly post opportunities for engagement on our Policy and Influence webpage, through our member newsletters and on our social media. You can also get in touch with the Policy Team at [email protected]