Thread by @BDavisBriz

Looking forward to what should be a very informative primer/refresher on how to engage with Bills and how legislation makes its way through Parliament with Liam Laurence Smyth, Clerk of Legislation in the @HouseofCommons #DeHavillandEvent

https://twitter.com/DeHavilland/status/1526473949827178498

Smyth welcomes the timing of the event, taking place between the #QueensSpeech and the ballot for #PrivateMembersBills. Notes that while the contents of the Queen's Speech will "probably" become law, Private Members Bills rarely do #DeHavDiscusses

Smyth then discusses the origins of Bills, Smyth agrees that controversial Bills "usually" originate in the House of Commons, rather than the House of Lords #DeHavDiscusses

Also notes that subjects tend to originate in various Houses - with the Commons usually originating Bills on finance, for example, with the Lords focusing on the judiciary and constitutional matters #DeHavDiscusses

Smyth then discusses the timing of First Reading and Second Reading of Bills. Smyth explains that there is usually "two weekends" between readings, with @commonslibrary producing a research briefing in the meantime #DeHavDiscusses

On amendments, Smyth says political parties often table motions to express differing political positions, "Reasoned Amendments", which are successful, are often more nuanced, accepting & rejecting various aspects of a proposed Bill #DeHavDiscusses

Next, Smyth discusses the role of the Whips Office, and the importance of trust & integrity in negotiation. Says agreements with Whips Office are "cast in iron" so it is important Govt keeps its promises #DeHavDiscusses

Moving on to Select Committees, Smyth discusses oral evidence, noting it does not happen for all Bills (eg not finance Bills or Bills from HoL). Oral Evidence usually comes at the start of an inquiry programme #DeHavDiscusses

On who gets invited for Oral Evidence, Smyth says witnesses are invited by Govt and HM Opposition then endorsed by Committee. Warns that this runs the risk of it becoming "the usual suspects" #DeHavDiscusses

In other words, for organisations that wish to give Oral Evidence to Select Committees should seek to engage Bills Teams of Front Benches, rather than Select Committee members #DeHavDiscusses

While written submissions are quoted & cited in final reports - and so well-written briefs are important - Committee Members tend to give more credence to evidence from people they have seen #DeHavDiscusses

For written submissions, Smyth advises creating a one-paragraph summary of why a submission should be read, with technical annexes describing evidence in greater detail #DeHavDiscusses

Moving on to Report Stage, Smyth says this is the first time that all MPs get a chance to debate the Bill. Says this is the time different parties submit amendments. Advises amendments should be "fairly broad" & ideally cross-UK to have best chance of adoption #DeHavDiscusses

On Third Reading, Smyth says that this is incredibly short - usually a formality with a Minister thanking colleagues & civil servants for their work on the Bill and Opposition looking forward to Lords amendments #DeHavDiscusses

Moving on to processes in the Lords, Smyth says that, due to large number of Cross-Benchers you cannot "miniaturise the Lords". As a result, the process "takes as long as it takes" as Peers conduct a "line-by-line analysis" in Committee #DeHavDiscusses

Smyth also notes there are rarely votes in the Lords Committees. However, Lords' Third Reading sessions do allow for amendments - which allows Peers to "tidy up" Bills #DeHavDiscusses

On the relationship between HoC and HoL, Smyth advises that Governments would want to work constructively with the Lords, as Peers often see it as their role as "refining Bills", rather than score political points #DeHavDiscusses

Of the "ping-pong process 🏓" between the two Houses, Smyth says that Bills are physically carried between the two Houses. The agenda in these cases are debating amendments, rather than rehashing debates across whole Bill #DeHavDiscusses

Smyth also advises against the "ping-pong" metaphor as, due to it being the democratically elected House, the Commons has primacy, so for HoC "the ball is always getting smaller" #DeHavDiscusses

Turning to pre-legislative scrutiny, Smyth says it is difficult for Govt to have time to always produce Draft Bills, due to the demands of getting current session's Bills through. However, Smyth says Draft Bills are often better for MPs, esp. Govt Back Benchers #DeHavDiscusses

Smyth predicts we will see a Draft Bill for the Energy Security Bill #DeHavDiscusses

Discussing the work of Dept Bills Teams, Smyth says that these are "career enhancing but rather gruelling" opportunities for Civil Servants. Ideally, the same people are involved all the way from development of policy through to implementation of Bill #DeHavDiscusses

However, while civil servants like to be involved in Bill Teams, many often find "once is enough", so Bill Teams often usually only have one "veteran" in their teams #DeHavDiscusses

On influencing those teams, Smyth advises identifying who is on the Bill Team and that people should "put themselves in the shoes of the Team", giving them well-evidenced solutions to include in briefings, rather than submissions highlighting challenges #DeHavDiscusses

Smyth also reminds attendees that Bill Teams will often be "entrenched in defending decisions they have already taken", particularly where there is a risk the media will frame it as a U-Turn #DeHavDiscusses

On impact, Smyth laments the lack of post-legislative scrutiny of Bills; hypothesises this is often due to the lack of use of impact assessments when debating Bills - says it's hard to decide how successful a Bill has been when you're not sure what it wanted to do #DeHavDiscusses

On influencing Select Committee Members, Smyth advises the best way is getting evidence published in written inquiries, then highlighting with individual members that your briefing is accessible to them #DeHavDiscusses

With the Lords, Smyth notes that any Peer can attend any Committee debate, so in some ways it is easier to mobilise Peer's support #DeHavDiscusses

On Royal Ascent, Smyth explains that Bills become law on midnight of the day after it is announced for both Houses (usually, but not always, the same day). However notes many Bills are "skeleton Bills", with secondary legislation needed to properly implement them #DeHavDiscusses

Returning to Private Members Bills, and the best way of ensuring they end up on the Statue Book, Smyth notes that there is only 13 Fridays to discuss them, so it is unlikely that any one Bill can make it on to the Statue Book, especially without Govt backing #DeHavDiscusses

Therefore, it is most likely that a Private Members Bill will become law when it is a Government Bill - says Whips often use "offcuts of Government Bills" to give to MPs to put forwards as PM Bills to put forward legislation that there isn't proper time to debate #DeHavDiscusses

Smyth notes that often Private Members Bills are important tools for raising awareness of issues and often MPs "win when their Bill loses" - gives the example of @carolynharris24, who used a Private Members Bill to raise awareness of menopause in the workplace #DeHavDiscusses

Finally, Smyth is asked what one part of the legislative process he would change. He calls for a bigger gap b/w 1st & 2nd Reading to allow Departmental Select Committees to produce report on Bills, highlighting key issues for Debates #DeHavDiscusses

Great overview of the legislative process & tips for engagements. Thanks to @laurence_smyth for your insights, to @arran_russell for chairing & @DeHavilland for hosting! #DeHavDiscusses