legislation Flashcards
what are the stages of the parliamentary law making process?
green paper > white paper > first reading > second reading > committee stage > report stage > third reading > house of lords > royal assent
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what is the legislative process?
Every proposal for a new Act of Parliament must be agreed by the House of Commons, the House of Lords and the Crown before it becomes an Act of Parliament. This is known as the legislative process.
green paper
- Consultation document
- Consults relevant organisations and people
- E.g. Same-Sex Marriage green paper – Gov consulted LGBT groups, religious organisations etc
- Scopes out what the main principles of the new law(s) should be
pre-legislative
white paper
- Consolidation document
- Brings together the information from consultation and puts together firm proposals for a new law(s)
- Usually includes a draft bill
pre-legislative
first reading
- Title of the new bill and date for the second reading announced in Parliament.
- Usually done by Gov. Minister whose department is responsible for the bill
second reading
- Main principles of the bill are debated
- MP’s will debate for anything from one day to several depending on the controversy of the bill
- MP’s will then vote with their feet by re-entering the chamber via one of the side corridors.
- A bill must pass by a majority to move onto the next stage otherwise it is rejected.
committee stage
- A group of MP’s will go through the bill in great detail.
- Will suggest amendments and make sure the bill will work in practice
- Number of MP’s will vary from approx. 12 to the whole House in some instances.
report stage
- The Committee will produce a report with any proposed amendments
- This can be subsequently read by other MP’s and Lords
third reading
- MP’s will debate the amendments of the bill and any changes that need to be made
- MP’s will vote with their feet again and the bill must pass by a majority to move onto the next stage
house of lords
- A bill will follow the exact same procedure in the House of Lords as in the House of Commons e.g. First reading to third reading
- Lords are unelected but can offer expertise and act as a check and balance to the House of Commons
- Any proposed amendments by the House of Lords must be approved by the House of Commons – so a bill can ‘ping-pong’ between the two Houses.
- The House of Lords used to be able to block any legislation it didn’t like. This power was removed by the Parliament Acts 1911 and 1949 and it can now only delay a bill by a year.
royal assent
- The Monarch gives approval to the bill
- Now a formality/symbolic – Queen doesn’t even see the text of the bill now, just the short title (Royal Assent Act 1967)
- Last time a monarch refused to sign was in 1707 – Queen Anne refused to assent to the Scottish Militia Bill
what are the types of bills?
- public bills (2 types)
- private bills
what are the 2 types of public bills?
government and private member bills
government bills
type of public bill
* affects the whole country and published by different government departments
* introduced to parliament by the relevant minister
* e.g. human rights act 1998, marriage (same sex couples) act 2013, criminal justice and courts act 2015
private member bills
type of public bill
* these are bills introduced by individual MP’s
* can be introduced by a ballot or through the ‘ten minute’ rule
* ballot - each session 20 private members are selected to present a bill to parliament - limited time to debate and very become law
* ten minute rule - any MP can make a 10 minute speech to try and introduce a bill e.g. Bail (Amendment) Act 1993
Abortion Act 1967, Household Waste Recycling Act 2003
private bills
- only affect individual people or corporations and do not affect the whole country
- e.g. Faversham Oyster Fishery Company Bill 2016 – changes the way the company is run.
evaluation of the legislative process - democratic
made by elected representatives. Answerable to the electorate through general elections
advantage
evaluation of the legislative process - government control
Government is in control and allows very little time for private members’ bills which often deal with moral issues. They are often voted out by the Government or not given enough time. Very few become law
disadvantage
evaluation of the legislative process - full reform
can reform whole areas of law in one Act and makes the law simpler e.g. Fraud Act 2006 consolidated all offences on Fraud into one Act. Judges in comparison can only make minor adjustments on points of law in cases
advantage
evaluation of the legislative process - lack of time
Parliament often lacks the time or political will to consider all the reforms proposed. Often ignores “technical reform” e.g. criminal and tort law. OAPA 1861 is in dire need of reform and Law Com have suggested numerous reforms. Parliament has not done this.
disadvantage
evaluation of the legislative process - broad policy
New Acts set broad policies and can give powers to others to make laws (delegated legislation). This is good as it allows other to add specific detail where MP’s in Parliament would not know it. Parliament simply set out the basic structure
advantage
evaluation of the legislative process - complexity
Acts can be very long and complex. They can be difficult to understand and many Supreme Court appeal cases are about the interpretation of Acts. Where Parliament gives powers to other people this can make the law complex and difficult to locate as it can be in different places.
disadvantage
evaluation of the legislative process - consultation
Before a bill is presented to Parliament there is the green paper stage. This gives people the chance to comment on new laws. They are then debated thoroughly in both Houses giving ample room for different opinions.
evaluation of the legislative process - long process
Passing legislation can take months or even years and can be altered throughout the process by either House. This can result in a bill changing enormously from what was originally intended.
