Overview of the Legislative Process in the UK

Stages of the Legislative Process

Pre-legislative Consultation and Drafting

Before a bill is formally introduced, there may be consultations involving government departments, industry stakeholders, and the public. This stage is crucial for raising awareness about issues affecting the cannabis industry and influencing the initial drafting of legislation.

Advocacy Opportunity: CTA members can participate in consultations, submit evidence, and engage with policymakers to ensure the industry's interests are considered.

First Reading (Introduction)

A bill is introduced in either the House of Commons or the House of Lords, with a formal presentation of its title but no debate.

Advocacy Opportunity: Although there's no debate at this stage, it's an important moment to start mobilizing support or opposition among MPs and Lords, depending on the bill's potential impact on the cannabis industry.

Second Reading (General Debate)

This stage involves a debate on the general principles and themes of the bill. It's the first opportunity for Members of Parliament (MPs) or Lords to debate the merits and principles of the bill.

Advocacy Opportunity: Engage with MPs and Lords to express support or concerns about the bill, providing briefings and evidence to influence the debate.

Committee Stage

A detailed examination of the bill takes place. Proposed changes (amendments) can be made. For significant bills, a Public Bill Committee is formed in the Commons, while the Committee of the Whole House or a Grand Committee may review bills in the Lords.

Advocacy Opportunity: Submitting written evidence or appearing in front of the committee to provide expert insights can be highly effective. Engaging with committee members to propose beneficial amendments is crucial.

Report Stage

Further opportunity to amend the bill. Amendments made during the Committee Stage are reviewed, and additional changes can be proposed.

Advocacy Opportunity: Continue to lobby for or against amendments that affect the cannabis industry, using this time to address any new issues that have emerged.

Third Reading

The final version of the bill is debated. No more amendments can be made at this stage in the Commons, but limited amendments are possible in the Lords.

Advocacy Opportunity: Focus on broader strategic engagement, reinforcing support or opposition to the bill as a whole.

Consideration of Amendments / Ping Pong

If the bill has been amended in the second House, it returns to the first House for agreement. This process can go back and forth until both Houses agree.

Advocacy Opportunity: A critical moment for influencing final changes, maintaining pressure on key points of concern or support.

Royal Assent

The final stage where the bill is formally agreed to by the Monarch and becomes law.

Advocacy Opportunity: No direct advocacy opportunity at this stage, but it's a moment for reflection and planning future strategies based on the outcome.

Timeline and Intervention Points

The legislative process can vary in length, often taking several months to over a year, depending on the complexity of the bill and the level of scrutiny it requires.

Critical Intervention Points: Pre-legislative consultation, Second Reading, Committee Stage, and Report Stage are key moments for CTA members to influence the legislative process. Engaging early and consistently throughout these stages can significantly impact the final legislation affecting the cannabis industry.

Primary and Secondary legislation

In the UK legal system, the distinction between primary and secondary legislation is crucial, particularly in terms of the process and speed of making or changing laws. Understanding this difference is essential for effectively navigating and influencing legal changes, especially in sectors like the cannabis industry, where regulations can have significant impacts.

Primary Legislation

Primary legislation refers to Acts of Parliament or statutes (and includes all of the above stages of the legislative process). These are laws passed by both Houses of Parliament (the House of Commons and the House of Lords) and formally assented to by the Monarch.

Changing or enacting primary legislation is a comprehensive process involving several stages, including multiple readings, debates, committee scrutiny, and potential amendments before a bill becomes an Act of Parliament. This process can be lengthy, often taking many months or even years to complete, due to the extensive scrutiny and the need for consensus across different stages of Parliament.

Secondary Legislation

Secondary legislation, also known as delegated or subordinate legislation, allows the government to make changes to the law using powers conferred by an Act of Parliament. It often takes the form of statutory instruments (SIs), orders, regulations, and rules. Secondary legislation is used to fill in the details or practical measures needed to enforce or apply primary legislation. The process for creating or amending secondary legislation is significantly quicker and less cumbersome than that for primary legislation. This is because it typically involves less parliamentary scrutiny and can sometimes be enacted with limited or no debate, depending on the procedure used (affirmative or negative resolution).

Reasons Secondary Legislation is Quicker

Less Scrutiny: Secondary legislation usually undergoes less parliamentary scrutiny than primary legislation. While some statutory instruments require approval by both Houses of Parliament (affirmative procedure), others merely need not to be objected to within a certain period (negative procedure).

Simplified Procedures: The processes for enacting secondary legislation are more streamlined. For example, under the affirmative procedure, an SI needs to be approved by a simple yes/no vote without the need for extensive readings or committee stages. Under the negative procedure, an SI automatically becomes law unless there is an objection within a specified period.

Specific Authority: Secondary legislation is made under the authority of existing primary legislation. This means its scope and purpose are already defined by the Act of Parliament that grants the power to make such regulations. This specificity can speed up the process, as there's no need to establish the principle or purpose of the law, only to detail or amend its application.

Focused Consultation: Consultations and reviews regarding secondary legislation are usually more targeted, involving stakeholders directly affected by the proposed changes. This can facilitate a quicker consensus or identification of issues, speeding up the amendment or introduction of new regulations.

Implications for Advocacy

For industries like cannabis, where regulations need to adapt to new research, market developments, or social attitudes, the ability to quickly amend secondary legislation is advantageous. It means that changes to regulatory details—such as licensing requirements, product standards, or safety protocols—can be implemented more swiftly than foundational legal principles or new regulatory frameworks established through primary legislation. Understanding this difference allows organizations and advocates to strategize their efforts more effectively, focusing on influencing secondary legislation for quicker adjustments while engaging in the longer-term process of shaping primary legislation for fundamental changes.