What Makes for a Successful Private Members Bill?

As MPs prepare to debate legislation which would legalise assisted dying, the proposals have shone a spotlight on the role of Private Members Bills.

The vast majority of laws are those proposed and initiated by the Government. Only rarely do backbench MPs get a realistic chance to change the law.

So called ‘ballot bills’ are those which stand the best chance of becoming law, as they are prioritised when it comes to the limited amount of time to debate Private Members Bills given in the House of Commons.

There are many famous examples of such laws, with have often led to considerable changes in social policy.

The Abortion Act in 1967 which legalised abortion in Great Britain was such a Bill, put forward by the then Liberal MP, David Stell.

The Marriage (Same Sex Couples) Act 2013 promoted by the now Home Secretary, Yvette Cooper MP, legalised same-sex marriage in England and Wales.

And the Homelessness Reduction Act 2017 introduced by the Conservative MP, Bob Blackman, represented one of the biggest changes to the rights of homeless people in England for 15 years.

At the start of each new parliamentary session all backbench MPs have the opportunity to apply for a bill. The names are drawn by the Deputy Speaker in a format very similar to choosing which clubs play which in the FA Cup! Only those MPs drawn in the top seven are guaranteed at least a day’s debate on whatever Bill they propose, although even then it doesn’t guarantee that a Bill will be successful.

When MPs are selected, many will already have ideas of the kind of policy they would like to propose, but many others will read the masses of suggestions that will come their way from various groups and organisations.

But what is the secret to the success of a Private Members Bill?

Firstly, a Bill needs to rise above party politics and avoid the Government actively opposing it. If they do, there are many ways they can seek to block it, including not giving it sufficient time to be considered past the initial ‘second reading’ stage. Sometimes Government Whips will target backbench MPs high up in the ballot to encourage them to sponsor a bill the Government really wants but doesn’t have enough of its own time to promote in the Commons.

Secondly, its best for such bills to avoid needing the Government to spend lots of money to make them work. If the Government doesn’t agree to this, the Bill isn’t going to progress.

Thirdly, MPs should look to build alliances across the House of Commons. If something has cross-party support, it helps to prevent backbench MPs who might oppose a proposal using technical devices to block the progress of a bill.

Finally, remember the House of Lords. Once a Private Members Bill makes its way through the Commons, the MP promoting it needs to find a Peer to become the lead advocate for it as the Lords get the chance to consider it.