PARL: The legislative process Flashcards
Private Members Bill
A bill introduced into the legislature by a member of the legislature who is not a member of the Cabinet.
Process: enter their names into a ballot, usually 7 are selected which are guaranteed at least 1 reading. However it is difficult to get further than that because you have to get MPS to turn up for debates. This is the TEN MINUTE RULE - their proposal has to be done in 10 minutes. Then it is dismissed.
Very few private members bills get through which highlights the lack of influence the backbenchers have on legislation.
Example of Public Bill (dogs)
dangerous dogs act 1991
This legislation was passed in response to a series of dog attacks. It put restrictions on the ownership of 4 dog breeds. It was massively criticised by the RSPCA because it argues that all the other dog breeds are safe, when that is not the reality.
From 2005-2006 the NHS reported a 75% increase in the number of dog bites and from 1991-2018 40 people were killed
The legislation wasn’t effective because it hadn’t been scrutinised enough. It was passed too quickly
Example of when the lords defeated the government - protesting bill
the police, crime and sentencing bill 2022. (((protesting bill)))
The Lords stopped people from being given 51-week prison sentences for the offence of obstruction of major transport works + stopped suspicion-less stop and search of anyone in the vicinity of a protest and banned orders which would have allowed the police to stop named people attending protests even if they had committed no crime.
It was rejected 14 times by the lords, which ultimately made the gov stand down.
This was lobbied by people from the charity GREEN WORLD
Private bills
When a law prevents a local authority from taking action on something, they can apply for a private bill to allow for the action to go ahead.
For example building roads/ bridges or new uses of land
Public Bills
deal with general matters which apply to the entire nation, most common. Presented by the government so are expected to not get obstruction
Example of a Public Bill (social care)
Cap on social care costs April 2022
The cap was lowered to £86,000 on costs to social care for elderly. Conservatives say no one will miss out now. However, this means someone who owns £1m house, over 90% of their assets are protected. If you’ve got a terrace house in Hartlepool worth £70,000 you can lose almost everything.
It favours the rich - because the rich are paying such a small amount and if you are poor it is a hell of a lot of money
MPS backed the bill 272 votes to 246
19 conservative MPS voted against it
It has been postpones until Autumn of 2025
how do the HocC and the HoL interact with each other
Public bills must go through both chambers
The only time the lords can obstruct a bill is when it is not part of the governments electoral mandate
Sailsbury Convention - the HoL cant obstruct anything that was promised in the election
BUT it has become less important because of the 2010-15 coalition: they suspended it because they had a very small mandate. In response the Lords passed many amendments to legislation in defiance. The Lords can only delay for up to one year. It will ping pong from commons to lords if the Lords insist on its amendments then the commons will oblige if they really want the legislation through quickly
House of Commons legislative process (6 stages)
1 - first reading: title of bill read out
2 - second reading: debating the principles then voted on to get to the next stage
3 - committee stage: taking evidence from experts/ groups, amendments selected by going through every clause
4 - report stage: MPs speak and vote and can suggest amendments
5 - transfer: passed to the lords
6- royal assent: monarch signs bill which makes it law formally
House of lords legislative process (7 stages)
1- first reading: title of bill read out
2 - second reading: debating on the purpose, discuss concerns, usually no divisions
3 - committee stage: detailed line by line scrutiny which has no time limit
4 - report stage: more opportunity to amend, then it is debated and votes taken to decide changes
5 - third reading: ‘tidying up stage’ (closing up any gaps)
6 - consideration of amendments: if there are changes it is sent to the commons where thy can accept or reject it - this can create a ping pong
7 - royal assent: when both houses agree its sent to the monarch
what is parliamentary privilege
special protection that MPS and peers have when they are enganged in parl business
what does parl priv allow pms to do
1 - to call government and ministers to account without feeling constrained and fear of legal action
2 - regulate behaviour of their own members
what does parl priv NOT allow MPS to do
they cant use foul language such as profanities or calling a fellow mp or peer a liar
the cant break the law and get away with it
example of parliamentary privilege
expenses scandal:
2009/2010 was revealed that many of them had been abusing the system of expense which were unregulated and loose.
The MPs tried to argue that the expenses issue should be covered by parl priv rather than the legal system
the supreme court dismissed these claims and MPS therefore faced separate trials
where did parliamentary privilege evolve from
to protect MPS from the power of the monarch
