Parliamentary law making Flashcards
1
Q
Types of Bill
A
- public
- private
- private members
2
Q
public bills
A
- legislation intended to affect the public as a whole
- usually proposed by gov. may be proposed by individual MP (Private Members Bills)
3
Q
public bill example
A
- Great British Energy Bill
- A bill to make provisions about Great British Energy
(as of OCT 2024)
4
Q
private bills
A
- legislation intended to affect 1 particular area/org. usually proposed by local authority/company/coop affected
5
Q
Private Bill example
A
-Royal Albert Hall Bill
- Bill updates rules for Members’ payments, exclusions, and the sale of more seats, and exercise of certain rights at the Royal Albert Hall.
(as of oct 2024)
6
Q
Private member bills
A
public bills introduced by MPs and Lords who are not government ministers. working independently of gov.
7
Q
Private Member’s Bill example
A
- Assisted Dying for Terminally Ill Adults Bill
- sponsored by Labour peer, Lord Falconer of Thoroton
A Bill to allow adults who are terminally ill, subject to safeguards, to be assisted to end their own life; and for connected purposes
(As of Oct 2024)
8
Q
Bills
A
draft a new Act of Parliament written by special lawyers known as parliamentary draftsmen
9
Q
Pre-legislative process
A
- Green Paper
- White paper
10
Q
Green paper
A
- initial consultation document to gain views on a proposed new law
- allows democratic involvement
- mat provide more chance of smooth passage through Parliament
- responses may be, but do not have to be acted on by gov.
11
Q
white paper
A
- document sets out gov’s preferred approach to a future piece of legislation
- limited opportunity for comment
- document sets out info.
12
Q
Legislative stages
A
- bill can either start in the house of commons or house of lords (except finance Bills, which must start in HOC ) and must be approved by both houses before becoming an Act of Parliament (law)
first reading - 2nd reading
- committee stage
- Report Stage
- 3rd reading
- process repeats in other house
- royal assent
13
Q
1st reading
A
- formality
- short title and main aims of Bill announced
- order for Bill to be Printed
- NO DEBATE
14
Q
2nd reading
A
- main debate on whole Bill takes place conducted via the Speaker
- Minister, MP, Lord responsible describe aim of Bill and fields questions
- focus on main principles rather than specific detail
- vote taken -> must be a majority for bill to progress further
15
Q
Committee Stage
A
- detailed examination 15-60 MPs
- done by standing committee (usually) or whole house in HOL
- membership roughly in proportion to # of seats each party has in HoC
- can make amendments
16
Q
Report Stage
A
- amendments reported back to house
- debate
- vote on whether to accept amendments
- no amendments Bill passes straight onto next stage
17
Q
Third Reading
A
- Final look at Bill as a whole w/ amendments
- final vote if to go further (generally formality unlikely to fail at this stage)
18
Q
other house
A
- the other house follows similar stages and can send it back for amendments to the House it originated
- sending to and fro can go on for some time referred to a ‘ping pong’
- continues until both houses agree (Parliamentary Act 1911 and 1949 make it that HOL can only delay passage of Bill for up to 1 yr & not prevent it -> only used 4 times)
19
Q
Royal Assent
A
- much of formality
- Monarch formally gives approval for Bill
- becomes an Act of Parliament and part of the law of the land
20
Q
adv. legislative process
A
- Democratic
- Consultation
- detailed debate
- full reform
21
Q
adv. legislative process: democratic
A
- elected reps.
- effect to election manifesto
- answerable to electorate
- GE every 5 yrs
- gov vote out -> not preform as electorate expected
22
Q
adv. legislative process: consultation
A
- can be made after detail inquiry/report from law commission i.e Sentencing Act 2020
- wide consultation in prelegislative stages i.e green papers
- allow consultation w/ interested bodies & objections/amendments to proposed law to make it more effective
23
Q
adv. legislative process: detailed Debate
A
- Bills high levels scrutiny & detailed consideration before becoming law -> dif. stages
- MP & Lords opposing parties examine & vote on the bill
- scrutiny = balanced, objective & thorough
24
Q
adv. legislative process -> Full reform
A
- Parliament reform & consolidate whole areas of law in one act
- Fraud Act 2006 , abolished old offences of deception & fraud -> replaced w/ newer simpler structure of offences
25
Q
disadv. legislative process
A
- lengthy
- gov. control
- lack of parliamentary time
- complexity
26
Q
disadv. legislative process: lengthy
A
- Green PP-> RA + implementation -> mnths->yrs
- i.e Consumer Rights Act 2015 took 14 mths from 1st reading to RA
- oft. delay to deal w. issue after report
- ‘knee-jerk’ legislation rushed through = deal w/ perceived problem i.e Dangerous Dogs act 1991
27
Q
disadv. legislative process- gov. control
A
- effective scrutiny limited
- Majority MPs from gov. vote party lines
- debated esp. HoC affect political agenda rather than genuine debate about needed legislation
28
Q
disadv. legislative process - lack of parliamentary time
A
- gov. control timetable -> lack time/political will to consider reforms esp. criminal & contract law
- legislation compromise by HoL + HoC law passed not best form .
- Very little time Priv. Mem. Bill -> deal w/ imp moral issues i.e Assisted Dying Bill
29
Q
disadv. legislative process: complexity
A
- Act of Parliament oft. ver long + written in complex laguage diff. to understand
- rare cod./cons.
- diff parts of act in force diff times -> oft need to read more than 1 doc to find law on issue
