parliamentary law making

Question 1

legislative process order

Answer 1

1. green paper
2. white paper
3. first reading
4. second reading
5. committee stage
6. report stage
7. third reading
8. same procedure in the house of lords
9. royal ascent

Question 2

green paper

Answer 2

a consultative document issued by the government putting forward proposals for reform of the law.

Question 3

white paper

Answer 3

a document issued by the government stating its decisions as to how it is going to reform the law

Question 4

government bill

Answer 4

introduced by the government e.g. criminal justice and courts act 2015

Question 5

private members bill

Answer 5

introduced by a private MP, likely to be a public bill e.g. household waste recycling act 2003

Question 6

public bill

Answer 6

involves matters of public policy which affect the general public e.g. legal aid, sentencing and punishment act 2012

Question 7

private bill

Answer 7

affects a particular organisation, person or place e.g. faversham oyster fishery company bill 2016

Question 8

hybrid bill

Answer 8

introduced by the government but likely to affect a single organisation, person or place e.g. Crossrail and HS2 acts

Question 9

advantages of the legislative process

Answer 9

democratic - elected representatives. a general election every 5 years. gov can be voted out of office if not performing as expected

full reform- acts of parliament can reform whole areas of law in one act, which makes law simpler to find

consultation- before a bill is presented to parliament there will have been consultation on the proposed changes to the law. this allows gov to take into consideration subjections and objections to the proposal

Question 10

disadvantages of the legislative process

Answer 10

1. lack of time- parliament does not always have time, or political will to consider all the reforms that are proposed.
2. complicated- wording of an act may be difficult to understand and lead to court case on interpretation of meaning
3. long process- even when the gov introduces a bill into parliament the process of becoming an act with all the different reading, committee and report stages can take several months
4. government control- the gov is in control of the parliamentary timetable and allows very little time for private members’ bills, which often deal with important moral issues. gov can easily vote out bills that have been introduced

Question 11

influences on law making

Answer 11

political influences
+ The gov reflects the majority of the electorate
-
- public opinion/media
- pressure groups
- lobbyists
- law commission

Question 12

first reading

Answer 12

• a formal procedure where the name and main aims of the bill are read out. usually no discussion or vote takes place

Question 13

second reading

Answer 13

• The main debate on the whole bill takes place. MPs can debate the main principles behind the bill. In the end, a vote is taken. the vote may be verbal or formal, in which MPs vote by leaving the chamber and then walking back in through one of the two special doors. there must be a majority in favour for the bill for it to progress any further.

Question 14

committee stage

Answer 14

• at this stage, a detailed examination of each clause of the bill is undertaken by a committee of between 16 and 50 MPs. This is usually done by what is called a standing committee, which is chosen specifically for that bill.

Question 15

report stage

Answer 15

• amendments to various clauses in the bill may have been voted on and passed, so this report stage is where the committee reports back to the house on those amendments. if there were no amendments, there will not be a report stage and will go straight on to the third reading.

Question 16

third reading

Answer 16

• this is the final vote on the bill. it is almost a formality since a bill has passed through all previous stages is unlikely to fail at this late stage

Question 17

the role of the crown

Answer 17

• the final stage where the monarch formally gives approval to the bill and it then becomes an act of parliament and part of the law of the land.

Question 18

the house of lords

Answer 18

• if the bill started in the House of Commons, it is now passed to the HOL where it goes through the same five stages outlined above. if the HOL make amendments to the bill, then it will go back to the HOC for them to consider those amendments. if the HOC does not accept the HOL amendments, they send them back to the HOL (ping pong).

Question 19

commencement of an act of parliament

Answer 19

• following the royal assent, the act of parliament will come into force on midnight of that day, unless another day has been set.