AC 1.1 - DESCRIBE THE PROCESSES USED FOR LAW MAKINGš¤ Flashcards
Government Process (to make laws)
The government process of law making involves a formal procedure for turning proposals to change or introduce a new law into new laws:
Part 1 - āProposalā to a āBillā
Proposal:
Proposals to change the law can come from a variety of places:
- Changing the values in society e.g. the Marriage (same sex couples) Act 2013
- Campaigns e.g. Claireās Law (information can be given to an individual if their partner has previously been convicted of domestic violence
Green Paper
- If the proposal is seen as worthwhile then these will be taken up by the government and published as a Green Paper.
- Green Papers are consultation documents produced by the Government. The aim of this document is to allow people both inside and outside of Parliament to give the relevant government department feedback on the policy proposal.
White Paper
- If the proposal in the Green Paper is popular or there is clearly a need for the proposal, it moves to the next stage, which involved the publication of white paper.
- A white paper is a document, produced by the government, setting out their detailed plans for the potential new law/legislation. This often includes a draft version of the Bill they intend to put before Parliament.
The Bill
- If the White Paper has enough support, then the proposal will move to the net next stage which is the publication of a Bill.
- A Bill is a proposal for a new law, or a proposal to change an existing law that is presented for debate before Parliament.
Part 2: The Stages a Bill must pass through to become a Law
In order for a Bill to become law if has to be passed by Parliament. Parliament consists of 3 parts:
- House of Commons: The most important part of Parliament - made up of 650 elected MPās.
- House of Lords: Made up of around 800 unelected peers e.g. life peers, hereditary peers etc.
- Monarch: The reigning King or Queen.
House of Commons: Role in a Bill becoming a Law
- Usually a Bill will start in the House of Commons (though occasionally it starts in the House of Lords).
- However, we will look at it from the perspective of the Bill starting in the House of Commons (as the vast majority of Bills start here). Bills must go through several stages in the House of Commons.
First Reading
The Bill is introduced to the House of Commons. This means a formal announcement of the Bill is made to the House of Commons. The Bill is not formally debated at this stage but is voted on to allow it to move to its next stage. A date is set for its second reading.
Second Reading
At the second reading of the Bill, itās main principles are debated by the whole House of Commons and a vote is taken. If the Bill passes this stage (it had more votes for, than against) if moves to the Committee Stage.
Committee Stage
The Bill is now examined in detail (line by line) by a small committee of MPās from different political parties. The committee will report back to the whole House of Commons. They may recommend changes (amendments) to the Bill.
Report Stage
This stage gives MPās the opportunity to consider the committeeās report and to debate and vote on any amendments, to the Bill, recommended at the Committee Stage.
Third Reading
The Report Stage is normally followed immediately by a third reading of the Bill. This is the final chance for the Commons to debate the Billās content. The MPās in the House of Commons then vote on the Bill. If the Bill passes this stage (it has more voted for, than against) it moves to the House of Lords.
House of Lords: Roll in a Bill becoming a Law
Scrutiny
The Bill then goes to the House of Lords, where it goes through the same stages as in the House of Commons.
āPing Pongā
If at any point the House of Lords want to amend the Bill, it has to go back to the House of Commons, so MPās can decide whether to accept or reject the Lordās amendments. This is known as āping pongā between the two Houses of Parliament.
Passing or Rejecting the Bill
The House of Lords can either pass or reject a Bill passed to it by the House of Commons. If it passes it moves on for Royal Assent.
However, if it rejects the Bill, the House of Commons has the power to force Bills to be passed without the approval of the House of Lords (after a year) e.g. the Sexual Offences Act 2000