Legislation

The second and third readings

Once the committee has completed its work, the parliamentary groups must decide what position to take on the bill in its present form. Although the experts from the parliamentary groups are thoroughly familiar with the bill, it is important that all Members now have an opportunity to form an opinion on the bill. Further discussions are held if necessary by the relevant working groups or working parties, and after the executive committees of the parliamentary groups have been informed, the topic is placed on the agenda at a full meeting of each parliamentary group. Each parliamentary group then has to decide whether or not to accept the bill in the form proposed and which Members to appoint as speakers for the debate during the second reading.

The Council of Elders sets the date on which the second reading will be held. The second reading is then placed as an item on the agenda of the plenary sitting concerned, and is duly called by the President chairing the sitting. The President first of all gives the committee rapporteur or rapporteurs the opportunity to supplement the written report, if they so desire. The general debate then begins and is followed by either a debate on each separate clause, with each clause being called and voted upon individually, or a vote on the bill as a whole, particularly if no motions for amendments have been tabled. During the second reading, amendments may be moved not only by the parliamentary groups and groupings, but also by individual Members of the Bundestag. This is important for Members who do not belong to a parliamentary group; currently, two Members fall into this category. It is also important in practice, however, for individual Members to have this opportunity, as the various parliamentary groups are thus obliged to take seriously any concerns or reservations their members may express and either take these into account or dispel them in the course of discussions. If a parliamentary group simply chose to ignore the dissenting views of its Members who had an interest in the bill, these Members would probably make their opinions clear during a public sitting of the Bundestag, either by moving amendments or perhaps by voting against the party line. The public would take this as evidence of disunity within the parliamentary group and would lose confidence in its ability to take decisions. As the parliamentary groups are well aware of the risks involved, it is fairly rare for individual Members to move amendments during the second reading. It is more often the case, however, that the opposition, if it does not wish to support a particular bill, will present its views in one or several motions for amendments which it will submit for debate and to be put to the vote.

Example of a second and third reading

The stenographic record shows that during the second reading, two motions for amendments to the Federal Government's draft Act to Reform the Weapons Law were tabled by the PDS parliamentary group. A vote was taken on these motions for amendments first, so that the voting procedure could be simplified during the rest of the second reading. Instead of a vote being taken on each paragraph or section in turn, the text was voted on as a whole. The stenographic record also shows how the vote was conducted, namely by standing or sitting, or by a show of hands. Furthermore, it shows that a Member submitted a (written) statement on the vote in line with Rule 31 of the Rules of Procedure, which was printed in an annex to the stenographic record. Written or oral statements on the vote allow Members to justify their personal voting behaviour, in particular if they do not follow the party line.

If, as in the above example, a bill is adopted as it stands during the second reading, the third reading can begin straight away. During the third reading, the final vote is taken on the bill. The Members vote by rising from their seats when the President calls for votes for, votes against and abstentions. In practice the Bundestag often proceeds immediately to the third reading even if amendments have been adopted during the second reading. This is only possible, however, if at least two thirds of the Members present agree. Generally, at least two thirds of Members give their consent. If not, the third reading can only begin on the second day after distribution of the printed papers containing the amendments adopted.

The stenographic record in the above example shows that no further debate was held during the third reading. A debate is only held if a parliamentary group or at least five per cent of Members so demand. Moreover, amendments may only be moved during the third reading by parliamentary groups. Amendments may not be moved by individual Members.

In accordance with the Committee on Internal Affairs' recommendation for a decision, the Bundestag finally also adopted a resolution on the new weapons law and rejected at second reading the Bundesrat's draft Act to Amend the Weapons Act, which had gone through the legislative process together with the Federal Government's bill. This was thus a final rejection of the Bundesrat's bill.

A special category of bills are those which ratify treaties with foreign states. These are dealt with in two readings only. In such cases, the Bundestag can only accept or reject the text as a whole. As the Federal Government negotiates the whole text of the treaty with foreign states, the Bundestag cannot subsequently amend parts of the bill. This procedure was used by the Bundestag when it adopted the Unification Treaty with the former GDR.

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