2- Law Making: Parliamentary Law Making Flashcards
Parliament: general knowledge
A key principle of democracy is that laws should be made by the elected representatives of society.
In the UK major laws are made by Parliament.
Parliament consists of
The House of Commons
The House of Lords
The Crown
HoC, how does it work?
Members of the HoC are elected by the electorate (people allowed to vote.)
Country is divided into constituencies and each of these votes for one Member of Parliament (MP.)
There is a general election every 5 years
Gov of the day formed by the political party which has the majority in the HoC.
- It’s the gov which has the main say in formulating new Acts of Parliament that then become laws.
HoL, how does it work?
It’s a non-elected body
Before 1999 there were over 1100 members of the HoL of whom
750 were hereditary (they became a Lord or Lady by birth)
The rest were given the title for their service to the country (ex: Lord Sugar, for services to tech industry.)
The 12 Justices used to sit in the HoL, but are now separate from Parliament and sit in the Supreme Court.
What changed in 1999 in relation to the HoL?
In 1999 the Labour Gov decided that the HoL should consist of some nominated members, and some elected members.
In particular they decided that an inherited title shouldn’t automatically allow a person to take part in the law-making process (Parliament Act 1991.)
Background to understanding Green and White Papers
Some MPs are selected to become gov ministers, and each of them will have their own department (ex: Minister for Health, Minister for Education.)
Each gov minister has a department of civil servants and advisers. The particular ministry responsible for the area in which a change in the law is being considered will draft ideas for change.
On major matters, a Green Paper may be issued by the minister with responsibility for that matter.
Interested parties are then invited to send comments to the relevant gov department, so that a full consideration of all sides can be made and necessary changes made to the gov’s proposals.
Following this the gov may publish a White Paper.
Green Paper
Consultative document issued by the gov putting forward proposals for reform of the law. It is the first step towards legislation.
White Paper
Published statement of gov policy. It includes the reasons for planned legislative change. It signifies clear intention on the part of the gov to pass a law.
Introducing an AoP
There is a long process before an AofP becomes a law.
Great majority of AofP are introduced by the gov.
- Gov department responsible for the new law gives instructions as to what is to be included.
- When the proposal Act has been drafted and published, it’s called a Bill.
- It will only be called an AofP if it successfully completes all the necessary stages in Par and receives the Royal Assent.
- Bill will be introduced into Par by a gov minister.
Definition of Bill
Name for a draft law going through Par before it passes all the parliamentary stages to become an AofP.
Role of the HoC in parliamentary law making
As the members of the HoC are elected (there are 650 of them and 437 seats in Par), most Bills are introduced into the HoC first.
If they vote against the Bill, that’s the end of it.
During the course of the Bill through the HoC, there will be debates on the details of the Bill.
Role of the Speaker of the HoC in parliamentary law making
The Speaker, who sits in a chair at the front of the House and has been elected by other members of Par, keeps order and makes sure MPs follow the rules of the House:
- Suspending the sitting due to serious disorder
- Suspending MPs who are being disobedient
- Asking MPs to be quiet so members can be heard
Speakers must be politically impartial. Therefore, in the election, they must resign from their political party.
Role of HoL in parliamentary law making
All Bills go through the HoL, so they can check them.
However, the power of the House is limited.
A Bill can become a law even if the HoL rejects it, provided that the Bill is reintroduced into the HoC and passes all the stages again.
So the HoL can only delay a law by up to 1 year.
The reason for this lack of power is that the HoL isn’t an elected body.
Its only function is to refine and add to the law.
Parliamentary process
In order to become an AofP the Bill will usually have to pass by both houses.
- Bill is drafted
- 1st reading in HoC: procedure where name of Bill is read out but there’s no discussion.
- 2nd reading: main debate that focuses on main principles. At the end a vote is taken that can be verbal (Speaker asks MPs and they answer ‘aye’ or ‘no’). If not clear MPs will leave the room and enter from one of two doors that represent a vote. 2 ‘tellers’ make a list of members voting on each side (majority needed).
- Committee stage: Detailed examination of each part of the bill is undertaken by 16-50 MPs. Members chosen will be those with a special interest or knowledge on the subject.
- Report stage: Committee reports amendments made and these will be debated in the house and accepted/rejected.
- 3rd reading: Final vote on the bill. Will only take place if at least 6 MPs request it.
- Same process in HoL: If HoL makes amendments it will go back to HoC for them to reconsider. If HoC don’t accept them they’ll send them back (sending between houses called ping-pong).
- Royal assent: After it, Bill becomes AoP.
Commencement of an AoP
Following Royal Assent, the Act states the date when it will commence.
Why are new laws needed?
Emergency issues such as
- Threat of terrorism
- Pressure on gov to update old laws
- Interpreting, clarifying, reapplying established principles of statute law
They all contribute to the need for new laws.
