I’ve been asked, as chairman of the Bills Committee at the start of this session of a newly elected General Synod to give a short explanation of the Bills Procedure.

In the hierarchy of our internal laws, a Bill which is passed by the General Synod and becomes a Statute is at the highest end of primary legislation.  Sometimes a Statute empowers others such as the RCB or the Standing Committee to make rules, by–laws and regulations and those, at the next step down, are delegated or secondary legislation.  Beneath delegated legislation are all sorts of legal forms and sources such as codes, procedures, motions, guidelines and soft law, which, of themselves, may, or may not, have legal effect.

So at the top of this hierarchy of laws, the Bills Procedure is very important.  It was adopted at disestablishment based on the experience of many (themselves parliamentarians) of those who drafted our polity for continuation: the parliamentary model was espoused.  Since then approximately 1020 Statutes have been passed by the General Synod affecting the Constitution; governing our Church Services; and relating to other areas of belief and Church management.  The Bills Procedure is the only way that these matters can be addressed or modified.

The Bills Procedure is provided for in Chapter 1 of the Constitution and set out in the Standing Orders.  I am not asked to give a technical explanation that is in those formal documents and it is in the guide you have been sent.  It is the same process taught to children in our schools in civics classes such as CSPE in this jurisdiction.  It is the same process that results in governance of us in our society and lives generally.

Simply put:

A Bill is a proposal for a new law or a proposal to change a law.

The Bills Procedure is how that proposal journeys to acceptance or rejection.  If accepted it become a Statute and is a law for us all.

The process is done in stages.  In my experience, confusion most frequently seems to arise at times in General Synod for one of two reasons.  First, because we go through these stages in quick succession at times (certainly a lot more rapidly than any parliament does); and, second, because when it comes to the Committee Stage we stay together as one big group – the entire Synod becomes the Committee.

Here, then, are the stages:

First Reading:  
This is usually a formality.  There are usually no speeches, although in our procedure an introductory statement is permitted.  Effectively someone comes along and is saying ‘Here is my proposal, will you listen to it?”  If the idea was totally off the wall or vexatious then one person is allowed to ask the Synod to reject it and the person who is proposing the Bill speaks after them, effectively to say ‘In spite of that objection, please listen to what I am proposing.”  The General Synod votes as to whether or not it wants to give permission (leave) for the Bill to be introduced – its first formal reading.  If it does then we proceed to the …

Second reading:
The second reading is the first major or substantive stage in the Bill’s journey.  This is where the person proposing the Bill and the seconder tell us what it is all about and why they think it is needed.  The principle of the Bill and everything in it is then open to discussion.  After the discussion, the General Synod votes.  There are separate rules in Standing Orders about voting and I am not going into those now.  If the Bill is passed on this vote it has been given a Second Reading.  

Committee Stage:
At this point, the entire General Synod, in effect, becomes a Committee Meeting.

At this Committee Stage the Bill is considered in detail – bit by bit – clause by clause– and if people have put in amendments these are worked through at this stage.  If there are no amendments each element –  clause by clause, schedule by schedule (if there are any) and the preamble  – is put to the vote.  

Then, in quick succession, the Synod votes on these resolutions: the Committee is asked to close itself, to revert into General Synod mode; and, to set a date for the formal report back and third or final reading of the Bill – that is usually on the third day of the Synod.

Report Stage
On the third day, new amendments, not previously considered may, in certain circumstances be considered when the Synod resumes to consider the Bill. Ordinarily this should not be necessary as all the members of this Synod are members of the Committee.  If there are none the Bill proceeds to the Third and Final reading

Third Reading
This is the final chance to debate the contents of the Bill.  At that final stage the debate is confined to what is in the final version of the Bill – no amendments – not what might have been nice or preferable – simply the text before the Synod.

I hope all that helps!

+Paul