Parliamentary Law Making

Question 1

What does Bicameral mean?

Answer 1

2 chamber legislature. Housed at the palace of Westminster which is an officially designated royal residence.

Question 2

What is the House of Commons (Lower house)?

Answer 2

• 650 elected members.
• Elections held every 5 years (general elections).
• Members represent parties; the PM and cabinet are usually members (but lords can serve in cabinet too).
• Source of all primary legislation and Acts of parliament.
• Can override the Lords in cases of disagreement.
• Sovereign power.

Question 3

What is the House of Lords (Upper house)?

Question 4

What is primary legislation?

Answer 4

Acts of parliament, laws voted for and passed in parliament.

Question 5

What is parliamentary sovereignty?

Answer 5

It makes Parliament the supreme legal authority in the UK which can create or end any law.

Question 6

What is Royal accent?

Answer 6

The Queen must approve everything passed by H of L and H of C. The Monarch is a member of parliament.

Question 7

What is the political influence on parliament?

Answer 7

1) Parties will publish a list of policy ideas/reforms that they would like to carry out if elected to power. This is called a manifesto and is used to encourage people to vote for them.
- Party with the most seats in H of C forms the government. Gov has major say in what bills go for debate.
- When the Queen opens a new session of parliament each year, she reads out a speech written by the PM. The “Queens speech” sets out the govs priorities over the coming year.

Question 8

What is public opinion/media effect of parliament?

Answer 8

• Gov will sometimes make changes to the law if there is strong public opinion about it (e.g. Abortion Act 1967).
• More likely to do this when a general election is imminent.
• Media also play an important role in sharing public opinion and therefore influencing parliament.

Question 9

What are the two types of pressure groups?

Answer 9

Sectional pressure groups - exist to represent the interests of a particular section of society, they often represent work groups or professions. E.g. Law Society represents solicitors’ interests and trade unions represent workers.
Cause pressure groups - exist to promote a particular cause. E.g. environmental groups.

Question 10

What is a lobbyist?

Answer 10

An individual trying to convince politicians to support a specific cause.

Question 11

What is a bill?

Answer 11

A draft proposal for a law.

Question 12

What is a Green Paper?

Answer 12

A consultative document outlining the govs proposals form reforming the law /new laws, inviting interested groups to send in comments.

Question 13

What is a White Paper?

Answer 13

The govs firm proposals. It will state the govs decisions on how they plan to reform the law.

Question 14

What is the Pre-legislative process?

Answer 14

• Each gov minister is responsible for a specific department and is assisted by a team of civil servants and special advisers.
• When a new law is proposed, the relevant department will issue a Green Paper.
• Once all comments have been considered, the department may then publish a White Paper.
• The gov can sometimes skip the process of a Green Paper and proceed straight to the White Paper but this is seen as quite knee-jerk.

Question 15

What are Civil Servants

Answer 15

Non-political (independent) and they are permanent. They carry out a minister’s agenda.

Question 16

What are Special Advisers?

Answer 16

They are political and advise ministers on political issues. They are not permanent.

Question 17

What is an Act of Parliament?

Answer 17

• Proposal for a new law is often by gov.
• Will be handled by the relevant department.
• Civil Service lawyers known as ‘draftsmen’ will initially draft it.
• It’s the draftsmen’s job to make sure that the bill accurately represents the gov’s wishes will also being legally accurate so it will not be difficult to apply in the future.
• Introduced in parliament by the relevant minister.

Question 18

What is a Private members’ bill?

Answer 18

• CAn be introduced by any MP or Lord from any party but not gov ministers.
• This Bill can be introduced by ballot (20 private members are allowed to take turns presenting bills, time restricted) or “ten-minute” rule.
• Most do not pass unless backed by gov.
• Most will be public bills
• e.g. abortion act 1967.

Question 19

What is a Public Bill?

Answer 19

Involves matters that will affect the whole country or a large section of it. Most gov Bills fall into this category of Bill. e.g. Sentencing and Punishment Act 2012.

Question 20

What are Private Bills?

Answer 20

Bills which only affect individual people or corporations. e.g. Faversham Oyster Fishery Company Bill 2016.

Question 21

What are Hybrid Bills?

Answer 21

• Cross between a Public and Private Bill.

- Where a gov initiative affects particular people, organisations or places.

Question 22

What is the role of the House of Commons?

Answer 22

• Since members are elected most Bills are first introduced here.
• Once the Bill has cleared the different stages in the Commons it moves into the House of Lords.
• As gov have the majority policies supported them have a higher chance of succeeding.

Question 23

What is the role of the House of Lords?

Answer 23

• Every Bill must also pass through here.
• Lords can suggest amendments, reject a Bill or delay it for up to a year, but they can be overridden by the Commons (Parliament Act of 1911 and 1949).
• Gov does not have a majority.

Question 24

How does a Bill become a law?

Answer 24

1) First Reading.
2) Second Reading.
3) Committee Stage.
4) Report Stage.
5) Third Reading.
6) Sent to the H of L/ H of C
7) Royal Accent.

Question 25

What is the first reading?

Answer 25

Minister will read out the proposal in the House. There is no debate. White Paper is published so MP’s can study it.

Question 26

What is the second reading?

Answer 26

after a period of a couple of weeks this is the first chance for MP’s to debate the Bill. At the end of the debate (timed in advance), there is a vote. In this stage MPs only look at the main principles of the Bill not the detail.

Question 27

What is the committee stage?

Answer 27

A specialist committee of MP’s (16-50) who have specific interest in this policy area will examine the Bill line-by-line and they might suggest some amendments. Committee will then take a vote. Gov always has the majority of seats in the committee and the other parties will be represented proportionally to the number of seats they have in the Commons.

Question 28

What is the report stage?

Answer 28

Minister will report back to the House of amendments. If there were any amendments they will be debated and either accepted or rejected. As well as this further amendments can also be added.

Question 29

What is the third reading?

Answer 29

Last opportunity for debate. Last votes are taken, including any last minute amendments.

Question 30

What happens when the Bill is taken to the other House?

Answer 30

It will go through the same process again in the opposite House it started in. If started in the commons the lords may suggest amendments which will be sent back to the commons, if they do not accept these it will go back to the lords until both Houses agree or the commons uses their sovereign power.
If the Bill started in the lords it would go through the same process but the committee stage will be with the whole House of Lords.

Question 31

When will a Bill become law after it has received Royal Accent?

Answer 31

Midnight that day.

Question 32

What happens after Royal Accent?

Answer 32

The minister responsible will issue a commencement date, the anticipated time by which the Act can be implemented in practice. Civil Servants will need time to get the Act ‘up and running’.

• Some complicated Acts might be implemented in stages.
• Some Acts (Easter Day Act 1928) never come into force.