Making Acts of Parliament: The Legislative Process

Question 1

consultation paper/ “green paper” or “white paper”

Answer 1

how government bill may be preceded= a draft

Question 2

parliamentary stages (bills starting in common law)

Answer 2

1. first reading: title read& date set for next stage
2. second reading: full debate&vote on merits
3. committee reading: detailed consideration by public bill committee
4. report stage: consideration by whole house
5. third reading: further debate followed by final vote
6. majority in favour of bill= sent to house of lords
7. royal assent

Question 3

new “public reading” stage

Answer 3

1. proposed by Conservative party in 2010 election manifesto
2. to give public opportunity to comment on legislative proposal online
3. ‘public reading day’ during committee stage
4. piloted with 3 bills between 2012&2014

Question 4

criticisms of the process

Answer 4

1. government dominates house of commons
2. limited opportunity for pre-legislative scrutiny
3. limit on the time for debate & scruitiny
4. limit on time & expertise of MPs

Question 5

secondary legislation

Answer 5

1. AKA: delegated/subordinate legislation
2. laws by bodies acting under powers conferred by parliament (minister/local authority)
3. parliamentary oversight
4. judicial oversight: can be challenged if ultra vires

Question 6

the donoughmore committee, 1932

report of the committee on ministers’ power

Answer 6

1. warned ‘legislative powers are freely delegated by parliament without the members of two houses fully realising what’s being done’
2. delegated legislation was ‘legitimate & constitutionally desirable for certain purpose, within certain limits,& under certain safeguards’

Question 7

why legislation might be ‘desirable’

Answer 7

1. lack of parliamentary time
2. complex nature of modern legislation
3. flexibility
4. urgency

Question 8

Henry VIII clauses

Answer 8

1. some delegated powers are drafted in wide terms, let ministers amend/repeal act of parliament
2. use of powers is controversial
   * limited parliamentary scrutiny
   * impact on parliamentary supremacy
3. donoughmore committee recommended Henry VIII powers should be used in ‘exceptional cases’
   * example:
   - european communities act 1972
   - human rights act 1998, s10
   - power conferred by EU (withdrawal) act 2018