PARLIAMENTARY LAW MAKING Flashcards
what is a green paper
consultative document issued by relevant government ministers where govt views are put forward with proposals for law reform
what is a white paper
firm proposal for new law to be put before parliament or govt will just go ahead with draft legislation
where does the bill start
will usually have to be passed by both houses of parliament—> bill is usually introduced in the HoC but may start in either houses
with exceptions of financial bills which must start in HoC
What happened in the first reading
formal procedure where the name and main aims of the bill are read out usually with no discussion or vote
what happens in the second reading
MOs have main debate about principle of the bill at the end debate/ vote is taken—
majority in favour it means it moves on to the next stage
what is the committee stage
detailed explanation of each clause of bill is undertaken by Public Bill Committee of 15-60 MPs
political parties represented in proportion to number of MPs in HoCs
members are chosen based on expertise and interest in particular field
at this stage any proposed amendments are voted on and may pass to next stage
what happens for financial bills in committee stage
whole house sits in commons
what happens at the report stage
committees report back to HoC on any amendments + amendments are debated and voted on —> further amendments may be added after debate/vote
what happens in the third reading
final vote on bill and is usually a formality—> further debate if SIX mps request one
Bill starting in HoC
it will be passed to the HoL where it goes through the same 5 stages and if amendments are suggested it goes back to the HoC
Ping Pong may occur until both parties agree
Bill starts in HoL
same 5 sages are passed by both houses—> ping pong occurs —> carries on until bill is agreed
Can the HoL reject the bill
Lords can reject bil —> HOWEVER, power is limited by parliament acts 1911 & 1949 which allows a bill to become a law up to a year after Lords reject t as Lords can be passed by commons
what does the Parliament Act 1911 & 1949 do and how many times has it been used
allows a bill to become a law up to a year after Lords reject t as Lords can be passed by commons —> has been used 4 times:
War Crime Act 1991—> enabled people to be prosecuted for war crimes in Nazi Germany who are British Citizens
&
most recently Hunting Act 2004—> banned fox hunting
what is the final stage
Royal Assent —> monarch formal ties approval to the bill —> becomes act if parliament but the monarch doesn’t actually sign it
it is a formality —> not refused since Queen Anne rejecting Scottish Militia Bill 1707
who drafts bills
specialist lawyers known as Parliamentary Counsel to treasury
what is a govt bill
put forward by government and are usually public bills which involve matters of public policy affecting the general public —> CONSTITUTIONAL REFORM ACT 2005
what is a private member bill
public billsponsored by a backbencher (individual MP who’s not part of the government) —> each parliamentary session has a ballot —> 20 MPs are selected who can represent bill to parliament —> bill to parliament but few are passed
example of a private member bill
Abortion Act 1967 = introduced by David Steel
what are private bills and example of one
small number of bills promoted by people / organisations which involve maters affecting them
Manchester City council act 2010
what are 4 advantages and disadvantages of legislative process
democratic
lengthy consultation
HoL is an effective checking mechanism
flexibility
what are 4 disadvantages of legislative process
undemocratic
long/ slow process
HoL have little power over govt
lack of preliminary time given by the government to consider private member bills
democratic
undemocratic
length of consultation
