Royal Assent

Historical Context

The concept of Royal Assent dates back to the early days of the English monarchy when the sovereign’s approval was crucial for enacting laws. Historically, monarchs exercised considerable influence over legislation, often using their power to veto bills that did not align with their interests or those of their advisors. Over time, however, the monarchy’s role in the legislative process has become more ceremonial, reflecting the shift towards a constitutional monarchy and parliamentary sovereignty.

Constitutional Significance

Royal Assent represents the final endorsement of a bill, signifying the monarch’s agreement to the proposed legislation. Although it is now largely a formality, Royal Assent remains a vital constitutional requirement. Without it, a bill cannot become law.

The process underscores the balance of power between the Crown and Parliament, maintaining the ceremonial link to the UK’s constitutional heritage while affirming the supremacy of Parliament in legislative matters.

The Legislative Process

1. Introduction of the Bill: A bill can be introduced in either the House of Commons or the House of Lords. It undergoes several readings and stages of scrutiny, including committee and report stages, where it is debated, amended, and refined.
2. Passage Through Both Houses: For a bill to reach Royal Assent, it must be approved by both the House of Commons and the House of Lords. This involves detailed examination, debates, and voting at various stages.
3. Consideration of Amendments: If one House makes amendments to a bill, the other House must consider and agree to these changes. This process may involve several rounds of consideration, known as “ping-pong,” until both Houses reach an agreement.
4. Final Approval: Once both Houses have approved the bill’s final version, it is prepared for Royal Assent. The Clerk of the Parliament prepares the bill in its final form and is then presented to the monarch.

The Royal Assent Process

• Presentation to the Monarch: After passing all parliamentary stages, the bill is sent to the sovereign for approval. Historically, this would involve a formal ceremony, but the process is usually conducted through written communication in modern times.
• Granting of Assent: The monarch signifies their approval by signing a formal document, known as Letters Patent. Alternatively, a form of words is used: “La Reyne le veult” (the Queen wills it) or “Le Roy le veult” (the King wills it).
• Proclamation: Once Royal Assent is granted, the bill becomes law. The new Act of Parliament is announced and published and takes effect immediately or on a specified date.

Modern Practices and Implications

In contemporary practice, granting Royal Assent is a formality, and the monarch’s refusal is unheard of in modern times. The last instance of a monarch withholding assent was Queen Anne in 1708. Today, Royal Assent is typically given through a Commission of Royal Assent. During this procedure, commissioners appointed by the monarch, including senior members of the judiciary and Parliament, formally announce the assent on the monarch’s behalf.

The significance of Royal Assent lies more in its ceremonial value and its role in the constitutional process rather than in its potential to alter legislative outcomes. It reinforces the procedural integrity of the legislative process and symbolizes the unity of the Crown and Parliament.

Special Circumstances and Exceptions

Certain bills, known as “money bills,” which solely concern national taxation or public expenditure, follow a slightly different process. These bills must be presented for Royal Assent within a month of their introduction and cannot be delayed or amended by the House of Lords.

In rare circumstances, the need for Royal Assent can be bypassed in times of emergency or under specific legislative frameworks, such as when certain delegated or secondary legislation is passed. However, these instances are exceptions rather than rules and are governed by strict legal and procedural guidelines.

Conclusion

Royal Assent is a crucial, albeit largely ceremonial, step in the United Kingdom’s legislative process. It signifies the monarch’s formal bill approval, transforming it into law. While its practical implications have evolved over centuries, its constitutional significance remains intact, reflecting the enduring balance of power between the Crown and Parliament.

At DLS Solicitors, we recognise the importance of understanding this process to appreciate fully the legislative framework within which we operate.