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What Is a Private Members Bill?

Politics · October 1, 2023 · Sofia Reyes · 5 min

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A private members bill is a proposed law put forward by an MP or peer who is not a government minister. Here is how they are introduced, why so few become law, and the lasting mark they leave.

Most laws in the United Kingdom are made by the government of the day, which has the votes and the parliamentary time to push its programme through. But Parliament also gives individual members a chance to propose laws of their own. These are private members bills, and although the great majority never reach the statute book, they are a genuine route by which a single MP can change the law, or at least change the conversation. Here is what a private members bill is, how one is introduced, why most fail, and why they still matter.

What it is

A private members bill is a public bill introduced into Parliament by a Member of Parliament or a member of the House of Lords who is not a government minister. Like all public bills, it proposes a change to the general law of the land, and to become an Act it must complete the same journey through both Houses and receive Royal Assent. What sets it apart is simply who is behind it: a backbencher or peer, rather than the government.

It is worth clearing up a common confusion straight away. Despite the name, a private members bill is a type of public bill, affecting the law for everyone. It is not the same as a private bill, which deals with the specific interests of a particular person, organisation or locality. The "private member" refers to the individual sponsoring it, not the scope of the law.

How one is introduced

There are three main routes into the House of Commons, and they differ enormously in their chances of success.

1. The ballot. Early in each session, a random draw selects MPs who wish to bring forward a bill. Those near the top of the ballot are given priority on the days set aside for private members bills, so they have a realistic chance of being debated. Ballot bills are by far the most likely to make progress, which is why a high place in the draw is prized.
2. The ten-minute rule. This allows an MP to make a short speech, lasting around ten minutes, in favour of introducing a bill. In practice it is used far more to draw attention to an issue than to pass a law, since such bills rarely find the time to go further.
3. Presentation. An MP may formally present a bill without making a speech. It is then printed and listed, but with no time allocated it has almost no prospect of becoming law on its own.

Members of the House of Lords can also introduce private members bills, which then need to find a sponsor in the Commons to have any chance of completing the process.

Why most do not become law

The blunt truth is that the overwhelming majority of private members bills fail, and the reasons are structural rather than a reflection of their merits.

• No government backing. Without ministers and their majority behind it, a bill lacks the votes and the muscle to clear every stage reliably.
• Limited time. Only a handful of days each session are reserved for these bills, and they are debated in a strict order. A bill lower down the list may never be reached.
• Vulnerability to objection and delay. At certain points a single objection, or a long debate on an earlier bill, can run a measure out of time. This is sometimes used deliberately to block bills that lack broad agreement.

The system gives backbenchers a genuine voice, but it deliberately reserves the lion's share of time and certainty for the government's own programme.

In practice, a private members bill stands its best chance when it is uncontroversial, narrowly drawn, and quietly supported, or at least not opposed, by the government. The way time is managed and debate is steered also depends heavily on the procedures overseen by the Speaker of the House, and on how parties choose to respond.

Why they still matter

Given the low success rate, it would be easy to dismiss private members bills as a sideshow. That would be a mistake, for several reasons.

• They put issues on the agenda. Even a bill that fails can force a topic into public and parliamentary debate, sometimes for the first time.
• They test and build support. A bill can reveal how much appetite there is for a change, and gather backing that makes later action more likely.
• They sometimes succeed where it counts. A number of notable social and legal reforms over the decades began as private members bills, often on questions where the government preferred not to take the lead but was content to let Parliament decide.
• They hold a mirror to Parliament. The fate of a bill, and the manoeuvres around it, reveal a great deal about how the Commons actually works.

So the value of a private members bill is not measured by the success rate alone. A bill that never becomes law can still shift opinion and clear the ground for change that follows. The party machinery that shapes how members vote on these and other measures is explored in what a whip in politics is.

The bottom line

A private members bill is a proposed law brought forward by an MP or peer who is not a government minister. It can be introduced through the ballot, the ten-minute rule or presentation, with the ballot offering by far the best prospects. Most such bills never become law, chiefly because they lack government support and the time to be debated, and because a single objection can stall them. Yet they remain a meaningful part of the system: a way for individual members to raise issues, test support and, on occasion, change the law. Their influence is often felt long before, and sometimes without, ever reaching the statute book.

Key takeaways

• A private members bill is a public bill introduced by a backbench MP or a peer rather than by the government.
• There are several routes to introduce one, including the annual ballot, the ten-minute rule and presentation.
• Most private members bills never become law, mainly because they lack government backing and time to debate them.
• Even when they fail, these bills can raise an issue, shift opinion and pave the way for later legislation.
• A number of significant reforms over the decades began life as private members bills.

Sources

• UK Parliament
• Institute for Government
• House of Commons Library

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