Booklet 1 (NoL and ELS): Parliamentary Law Making

Question 1

What are the stages of the legislative process?

Answer 1

First reading 
Second reading 
Committee stage
Report stage
Third reading 
House of Lords 
Royal assent

Question 2

What is a Private Members Bill?

Answer 2

Bills proposed but individual MPs, usually in moral issues. They rarely begins law due to lack of backing

Question 3

What is a Public Bill?

Answer 3

A bill introduced by the Government that applies to the public at large. This is the main way of introducing a bill to Parliament.

Question 4

What is a Private Bill?

Answer 4

A bill that is introduced by an organisation and it will only apply to that organisation.

Question 5

What is a Hybrid Bill?

Answer 5

This is the combination of a public and private bill. They are introduced by Government but if they become law will only affect a particular person, organisation or place.

Question 6

What happens during the first reading?

Answer 6

The name of the bill is read out in Parliament. There is no discussion or vote on the bill at this stage.

Question 7

What happens during the second reading?

Answer 7

This is when MPs debate the principles behind the bill. They do not debate the small details of the bill. There is then a verbal vote on the bill. If there is not a clear result then a more formal vote is held.

Question 8

What happens during the committee stage?

Answer 8

Between 15 - 50 MPs form a committee. The number of committee MPs from each party is proportionate to the number of MPs that have been elected from that party. The MPs will have specialist knowledge.

Question 9

What happens during the report stage?

Answer 9

This is when the changes or amendments suggested by the committee are reported back to the house. If no amendments have been suggested then there will be no report stage.

Question 10

What happens during the third reading?

Answer 10

This is the final vote on the bill. As the bill had passed through all prior stages, it is unlikely to fail. Therefore, this vote is often referred to as a formality.

Question 11

What happens during the ‘Repeat of the process in the House of Lords’?

Answer 11

The same process is then followed in the House of Lords. If the House of Lords makes any amendments then the bill will go back to the House of Commons for the amendments to be considered. If the bill started in the House of Lords then it goes back to the House of Commons.

Question 12

What happens during the royal assent?

Answer 12

This is the final stage of the process and it is where the monarch gives their approval of the bill. This is only a formality.

Question 13

What are the advantages of law making in Parliament?

Answer 13

Democratic - made by elected representatives
Reform whole areas of law - whole areas of law can be reformed quickly
Laws can’t be challenged - this is due to Parliamentary sovereignty
Lengthy and thorough process - many different stages and two houses have to approve the bill.

Question 14

What are the advantages of law making in Parliament (2)?

Answer 14

Can set broad agenda and delegate details - Acts of Parliament can create something called delegated legislation. This is a law created by ministers under power given to them by Acts of Parliament.
Pre legislation consultation - has to be consulted (white and green papers)

Question 15

What are the disadvantages of law making in Parliament?

Answer 15

Time - not enough time to pass all the laws so laws tend to fall by the wayside
Private Members Bills - very few become law because Government will vote them down or ensure they don’t receive enough time to be enacted

Question 16

What are the disadvantages of law making in Parliament (2)?

Answer 16

Long and complex - laws are often difficult to understand which means that they are often appealed
Amendment Acts make law complex - often several Acts have to be consulted

Question 17

What is Parliamentary sovereignty?

Answer 17

Law created by Parliament is the highest source of law in England. Acts of Parliament are supreme/sovereign over all other forms of law in England and Wales. This means that Parliament have unlimited power to do whatever they want.

Question 18

What are the three aspect of Parliamentary sovereignty?

Answer 18

1. Parliament can legislate on any subject matter
2. No parliament can be bound by any previous parliament, nor can a parliament pass any Act that will bind a future parliament
3. No other body has the right to override or set aside an Act of Parliament.

Question 19

What are the three limitations/controls of Parliamentary sovereignty? (Human Rights Act 1998)

Answer 19

Human Rights Act 1998 – All acts of parliament have to be compatible with the European Convention on Human Rights (incorporated into domestic law by the 1998 act). Under section 4 of the HRA, the court shave the power to declare an Act incompatible with the ECHR.

Question 20

What are the three limitations/controls of Parliamentary sovereignty (2)? (Devolution)

Answer 20

Devolution – The Scotland Act 1998 and the Wales Act 1998 have handed these nations the power to make laws on some matters for their own countries without having to get parliament’s approval. This means that the UK parliament cannot legislate on certain areas in Scotland and Wales.

Question 21

What are the three limitations/controls of Parliamentary sovereignty (3)? (EU membership)

Answer 21

EU membership – Membership of the EU means that EU laws take priority over English law even where the English law was passed after the EU law

Question 22

What are the four main influences on Parliament? (Political)

Answer 22

Political - The Government (party with most MPs) sets the timetable and chooses the government Bills. What is an advantage and disadvantage of this form of parliamentary influence?
Advantage - Democratic (party with most MPs gets to choose) and efficient because most Government Bills are passed swiftly.
Disadvantage -The next elected Government may disagree with those laws and change them - inefficient. Also, sometimes small majorities lead to coalition governments.

Question 23

What are the four main influences on Parliament (2)? (Public opinion/media)

Answer 23

Public opinion/media - Governments want to be re-elected so may bend to public opinion and pressure form the media. What is an advantage and disadvantage of this form of parliamentary influence?
Advantage - Parliament can respond to specific events/opinion eg banning of handguns following Dunblaine shooting.
Disadvantage - Knee jerk responses can create bad law eg Dangerous Dogs Act 1991 has led to much litigation yet 1000s of people each year are still treated for dog bites.Also , public opinion can be manipulated eg by owners of newspapers.

Question 24

What are the four main influences on Parliament (3)? (Pressure groups)

Answer 24

Pressure groups - created to purse a particular interest. Sectional groups support particular groups eg the Law Society (solicitors) whereas Cause groups represent particular causes eg Greenpeace. These groups can lobby Parliament. What is an advantage and disadvantage of this form of parliamentary influence?
Advantage - Often raise important issues on a wide variety of themes eg the Environment.
Disadvantage - Different groups can often be in conflict eg League against Cruel Sports and the Countryside Alliance (fox hunting)

Question 25

What are the four main influences on Parliament (4)? (Law reform bodies)

Answer 25

Law reform bodies - Mainly the Law Commission which is tasked with researching areas of law and recommending changes. What is an advantage and disadvantage of this form of parliamentary influence?
Advantage - Researched by experts, Consults widely, Can consider whole areas of law, Can make the law easier to understand (consolidation).
Disadvantage - Lack of Parliamentary time means that many proposals are not enacted eg changes to non fatal offences.