Parliamentary Law Making

Question 1

What 3 groups make up parliament?

Answer 1

House of Commons
House of Lords
The Crown

Question 2

Who is the House of Commons made up of?

Answer 2

Members of Parliament (MPs) who are voted to represent a constituency.

Question 3

How often do we have general elections?

Answer 3

Every 5 years.
There may also be individual by-elections in constituencies where the MP had died or retired during the current session of Parliament.

Question 4

Who makes up the government?

Answer 4

The prime minister, his cabinet, and junior ministers.

Question 5

What is the House of Lords?

Answer 5

A non-elected body consisting of 92 hereditary peers, around 700 life peers and the 26 most senior bishops in the Church of England.

Question 6

What change was made to the House of Lords in 1999?

Answer 6

The Labour Government reviewed its membership, and made temporary changes to the number of hereditary, life peers and bishops. They also moved the 12 most senior judges to the Supreme Court. There has not yet been an agreement on how many members should be elected and how many should be nominated, and by whom.

Question 7

What is a green paper and who can issue it?

Answer 7

A consultative document on a topic in which the governments view is put forward with proposals for law reform, issued by the minister with the responsibility for that matter.
After it is published interested parties are encouraged to send comments to the relevant government department, so all sides can be considered.

Question 8

What is a white paper?

Answer 8

A document issued by the government stating their decisions as to how they are going to reform the law.

Question 9

What is a bill?

Answer 9

A proposed act after it is drafted and published by lawyers in the civil service, but has not yet passed all the parliamentary stages to become an Act of Parliament. It must represent the governments wishes, use correct legal wording and be precise, unambiguous and comprehensive.

Question 10

How can a private member introduce a bill?

Answer 10

Ballot - each parliamentary session 20 MPs are selected to take their turn presenting a Bill to Parliament. Their time is limited and are usually only debated on Fridays, so only the first 6 or 7 members get a realistic chance at introducing a Bill on their chosen topic. However, the Abortion Act 1967 was introduced this way.
Ten-minute rule - Any MP can make a speech up to 10 minutes supporting the introduction of new legislation. This is rarely successful unless there is no opposition to the bill, however the Bail (Amendment) Act 1993 was introduced this way.
Members of the House of Lords can also do this.

Question 11

What is a Public Bill?

Answer 11

Involves matters of public policy and affects the general population, e.g. Legal Aid, Sentencing and Punishment Act 2012

Question 12

What is a Private Bill?

Answer 12

Affects a particular organisation, person or place, e.g. Faversham Oyster Fishery Company Bill 2016

Question 13

What is a Hybrid Bill?

Answer 13

Introduced by the government but affects an organisation, person or place, e.g. crossrail acts

Question 14

What Acts limit the power of the House of Lords?

Answer 14

Parliament Acts 1911 and 1949. These allow a bill to become law even if the HOL rejects it provided the Bill is reintroduced to the House of Commons in the next session of Parliament and passes all the stages again there, so the HOL can only delay a law by up to one year. This was used for the Hunting Act 2004.

Question 15

What stages must a Bill go through to become an Act of Parliament?

Answer 15

First reading - Name of the Bill is read out.
Second reading - Main debate, focusing on principles rather than smaller details. The Speaker controls who speaks. A vote is taken, and if a majority is in favour the Bill progresses.
Committee stage - A detailed examination of each clause is taken by a committee of 16-50 specialised MPs. The parties are represented proportionately to the number of seats they have in HOC. For Finance Bills the whole house will sit in committee.
Report stage - Committee report back on amendments (unless none were made then this stage is skipped). These will be debated then accepted or rejected.
Third reading - Final vote
Same procedures in the other house - if they don’t agree amendments can be sent to and fro in what is called “ping-pong”
Royal assent - Formal approval of the Bill from the monarch. Hasn’t been denied since 1707.

Question 16

When is an Act of Parliament commenced?

Answer 16

Midnight on the day of Royal Assent, unless another date has been set.

Question 17

Advantages of law-making in Parliament

Answer 17

Made by our elected representatives, so democratic. Maximum 5 years before we can vote them out.
Acts of Parliament can reform whole areas of law in one Act, e.g. Fraud Act 2006 which abolished all the old offences of deception and fraud and created a simpler structure.
Laws are thoroughly discussed with opportunity for objection.
Cannot be challenged due to parliamentary supremacy.

Question 18

Disadvantages of Parliamentary law-making

Answer 18

Not much time to deal with all the reforms, which can take months. In 1997 the Government accepted that there was need for reform to the Law of Offences Against the Person, and published a draft bill in 1998, but the law has still not been reformed.
There is very little time for private members bills
A’s of P can be very long and complex, with many cases that go to the Supreme Court being about what words in them mean.
Law can become complicated when an Act and its Amendment must be consulted to find out what the law is.

Question 19

What are the influences on Parliament?

Answer 19

Political influence - politicians want votes, so will try and fulfil their manifestos, therefore the most popular policies / reforms should be enacted
Public opinion / media - where there is a strong public opinion, the government may bow to it, especially near a general election
Pressure groups - pressure groups will campaign against certain issues, and sometimes lobby MP’s
Law reform bodies - The Law Comission researches areas of law and recommends reforms, and in most cases include a draft Bill setting out the exact way they think the law should be reformed. Most recommendations are eventually made into law.

Question 20

Advantages of political influence

Answer 20

Each party has its proposals for reform ready so they can be passed quicker
The fact the government has a majority means that almost every law it proposes will be passed

Question 21

Disadvantages of political influence

Answer 21

Laws may be changed if another party wins the next general election, which can be costly and controversial.
Parties with a small majority or coalition can be restricted in what laws they are able to pass

Question 22

Disadvantages of media / the public opinion

Answer 22

The government may respond too quickly to high profile incidents, meaning the law is not well thought-through, e.g. Dangerous Dogs Act 1991
It can be argued that the media manipulate the news to create public opinion

Question 23

Advantages of media / public opinion

Answer 23

The public opinion can be affected by specific events and put pressure on the government to formulate laws, e.g banning of most handguns after Dunblane 1996
We have a free press which can criticise when the Government are immoral or wrong

Question 24

Advantages of pressure groups

Answer 24

There are many pressure groups bringing different issues to light
They raise important issues such as global warming

Question 25

Disadvantages of pressure groups

Answer 25

Can be argued that most people don’t agree with pressure groups
Two pressure groups can have opposing aims, e.g. League against Cruel Sports vs the Countryside Alliance and the Hunting Act 2004

Question 26

Advantages of law reform bodies

Answer 26

They are legal experts
Whole areas of law can be considered, not just isolated issues
They can make the law easier to find and understand

Question 27

Disadvantages of law reform bodies

Answer 27

The government doesn’t always implement the suggested reform, as they don’t have the time when there is issues such as finance, taxation, foreign affairs, health and education

Question 28

What are Dicey’s main three points about parliamentary supremacy?

Answer 28

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

Question 29

Give examples of Parliament being able to legislate on any subject matter

Answer 29

In 1700 Parliament passed the Act of Settlement which stated the children of King James II could not succeed to the throne
Parliament Acts 1911 and 1949 placed limits on the right of the HOL to block a Bill by voting against it
Succession to the Crown Act 2013 allowed women to be the right to be the next monarch, even if they had a younger brother.

Question 30

Explain how Parliament cannot bind their successor

Answer 30

Each new Parliament should be free to make or change any laws they wish. They can repeal any previous Act.
Some laws have become important to our constitution and would realistically never be repressed, such as the Act of Settlement in 1700 that changed the line of succession to the throne.

Question 31

Give an example of how the Parliament cannot be overruled by others

Answer 31

British Railways Board v Pickin 1974
British Railways Act 1968 was enacted by Parliament. Pickin challenged the Act, saying that the BRB had concealed some matters from the government and therefore the Act should be dismissed. The case was struck out because the Act had become part of British law a d no court is entitled to go behind and Act once it has been passed even if there was fraud.

Question 32

What are the 3 limitations on parliamentary supremacy?

Answer 32

The effect of the Human Rights Act 1998 - the courts have the power to declare an Act incompatible with the convention, however the Government does not have to change the law in this case,
Devolution - Certain powers have been handed down to the Scottish and Welsh Parliaments meaning they can make some of their own laws without the English Parliaments approval. Parliamentary supremacy has been lost in these areas.
EU membership - EU law takes priority over UK law

Question 33

What is a Cause pressure group?

Answer 33

A pressure group that exists to promote a particular cause, e.g. Greenpeace

Question 34

What is a sectional pressure group?

Answer 34

A pressure group that represents the interests of a certain group of people, e.g. trade unions