What is Private Members Legislation?

What is private members legislation?

The Parliamentary timetable determines what will be debated and voted upon. Because the Parliamentary timetable is determined by the government, only bills that the government wishes to push forward are voted upon.

The only exception to this is Private Members Legislation. Private Members Legislation is allocated a time on Friday when Parliament will hear and debated it and therefore it is possible that Private Legislation may make it into law.

Who can propose private members legislation?

Members of the government can already push forward pieces of legislation, so they do not need to seek Private Members legislation. It is therefore backbench MPs from all parties who will seek to make Private Members Legislation.

All those who wish to propose a piece of legislation are entered into a lottery. Twenty balls are picked out and these 20 MPs have a chance to put forward their legislation. However, given the strict time constraints in Parliament it is usually only the top 7 who have any real chance of their legislation becoming law.

In 2024, the following MPs were in the top 7 and therefore could make legislation:

1) Kim Leadbeater, Labour (Spen Valley)

2) Max Wilkinson, Liberal Democrats (Cheltenham)

3) Dr Roz Savage, Liberal Democrats (South Cotswolds)

4) Clive Lewis, Labour (Norwich South)

5) Josh MacAlister, Labour (Whitehaven and Workington)

6) Dr Scott Arthur, Labour (Edinburgh South West)

7) Jim Allister, Traditional Unionist Voice (North Antrim)

What can they propose?

This may seem like a chance for backbench MPs to make a real difference. However, the legislation that they create must be cost neutral. They could not therefore create a bill that asks for extra funding for hospitals or the building of a new train network. This means that MPs have to think more creatively about what they propose. As such, much legislation is focused on criminalising or decriminalising an act as these cost very little.

Examples of Private Members Legislation?

 The Abortion Act, 1967

• Murder (Abolition of the Death Penalty) Act, 1965

Here we have two examples of Private Members Legislation that had a massive impact on British society. The first legalised abortions and the second saw the end of the death penalty. In both cases, the governing Labour Party were supportive of the legislation but knowing that they were controversial decided that they were happier for them to be proposed as Private Members Legislation rather than push the bills forward themselves.

More recently, the following are Private Members Legislation that have become law:

• The British Sign Language Act – which recognised sign language as an official language.
• The Marriage (and Civil Partnership Act) – which raised the legal age of marriage from 16 to 18.

How can Private Members Legislation be used in essay questions?

Private Members Legislation gives power to backbench MPs by allowing them to propose legislation. This is a power that is usually reserved for the government and as such is a significant moment for any backbench MP.