legislation and legislative interpretation

Question 1

what is legislation ?

Answer 1

Legal rules made by/authorised by Parliament

Question 2

what are the two categories of legislation ?

Answer 2

(1) primary - Acts of the Oireachtas (Statutes)

(2) secondary - secondary, subordinate or delegated legislation

Question 3

who makes legislation ?

Answer 3

The oireachtas

Question 4

characteristics of legislation

Answer 4

rules are in a fixed form, in precise rather than general form.
Legislature attempts to provide for every eventuality- desire of legislator to limit judicial discretion

Question 5

Parliamentary Procedure – The Public Life of a Bill.

First Stage

Answer 5

Initiation - Minister responsible for the Bill obtains the permission of the house to circulate it.

Question 6

Parliamentary Procedure – The Public Life of a Bill

Second Stage

Answer 6

Presentation – Minister outlines purpose of legislation. General provisions of the Bill are debated; presentation for 2nd stage debate can be unpredictable/take very long time – Privacy Bill 2006 still has not been presented for debate.

Question 7

Parliamentary Procedure – The Public Life of a Bill

Third Stage or Committee Stage

Answer 7

The Bill is debated section by section by a joint or select committee of the Dail, amendments can be proposed by any member, must be in a public session. Changes reflect changes in political climate/accommodate interest groups

Question 8

Parliamentary Procedure – The Public Life of a Bill

Fourth stage or report stage

Answer 8

review the work which was done at committee stage, brought back to relevant House; amendments only raised at committee stage allowed. Bills may be re-committed at this stage – repeat of Committee stage

Question 9

Parliamentary Procedure – The Public Life of a Bill

Fifth or Referral/Final stage

Answer 9

Only verbal amendments are allowed at this stage - v. limited time for debate, speakers can only speak once.

Question 10

describe a private members bill

Answer 10

• Not sponsored by Minister, AG or Head of Seanad
• 2nd stage = “graveyard” of PMB’s
• good media tool/ means of initiating debate

Question 11

describe consolidation legislation

Answer 11

• Renacts/gathers together related legislation
• Must declare purpose is to consolidate the law , AG must certify this purpose and be accompanied by memorandum.
• e.g. consolidated tax act , interpretation act 2005

Question 12

sources of influences on legislation

Answer 12

• coalition partners
• negotiation with the social partners
• media
  lobbying by pressure groups
• politics