Parliamentary Law Making

Question 1

influences on parliament

Answer 1

there are several influences that lead to parliament deciding what new laws to bring in or what laws need to be changed….

• political influences (gov policy)
• public opinion + media
• pressure groups
• lobbyists

Question 2

political influences (gov policy)

Answer 2

when a government is formed, it will have a programme of legislation and reforms it wants to carry out

these will have been set out in its party manifesto in which the people voted for in the general election — they have a mandate to carry out these policies

at the start of each parliamentary session, the monarch gives a speech written by the gov to both houses of parliament that announces what particular laws it plans to introduce

for example, the HRA 1998 fulfilled a Labour manifesto commitment to incorporate the ECHR into domestic law

Question 3

public opinion and media

Answer 3

a strong public opinion is often expressed through the media via television, the internet and newspapers

it can change laws as the government may bow to such opinion

for example, the Dangerous Dogs Act 1991 was a response to the fatal dog attacks of that period

Question 4

pressure groups

Answer 4

sectional pressure groups represent the interests of a particular section of society such as a profession (e.g. the British Medical Association represents doctors)

cause pressure groups promote a particular cause (e.g. Greenpeace represents environmental issues)

for example, the Snowdrop Campaign was a very successful pressure group campaign that banned handguns following the Dunblane massacre in 1997. they collected around 750,000 signatures on a petition

Question 5

lobbyists

Answer 5

any individual can lobby (persuade) an MP but there are also professional lobbyists hired by clients

lobbyists highlight concerns and often try to persuade an MP to ask a question in the House of Commons so that the issue gets publicity

can also try and persuade an MP to promote a bill on the issue that they’re concerned with

Question 6

other influences

Answer 6

• judicial decisions
• law reform bodies
• emergency situations

Question 7

advantages of influences on law making

Answer 7

POLITICAL — each party makes its proposals known if they are elected, a government majority means that most of the laws it introduces will be passed

PUBLIC OPINION — highlights issues of public concern, freedom of press to criticise gov policy or bring issues to the attention of the government

PRESSURE GROUPS — raise important issues to parliament, they have a wide range of memberships and expertise

LOBBYISTS — bring issues to the attention of MPs, may trigger publicity or debate in parliament, anyone can lobby their MP

Question 8

disadvantages of influences on law making

Answer 8

POLITICAL — new governments can repeal or alter laws made by a previous one, minority or coalition govs may lead to compromise

PUBLIC OPINION — responding too quickly to high profile incidents may lead to poorly drafted law, media can be accused of manipulating news and creating public opinion

PRESSURE GROUPS — try to impose their ideas on the majority, may have conflicting interests

LOBBYISTS — big businesses use professional lobbyists which gives them more influence than the general public, gives the idea that influence can be purchased, cash for questions scandal

Question 9

what is a draft bill?

Answer 9

a proposal for a new law or a change to an existing law, written by special lawyers known as parliamentary draftsmen

can be introduced in either the Commons or the Lords

however, financial bills must begin in the Commons

Question 10

what is an act of parliament?

Answer 10

a bill that has completed all the stages in the legislative process and has become law

Question 11

what is parliament?

Answer 11

the main law making body in the UK, legislation refers to laws made by parliament

made up of 2 chambers; House of Commons (elected body) and the House of Lords (unelected body)

laws passed by parliament are called acts of parliament or statutes, around 70 are passed each year and form the primary source of legislation in the UK

Question 12

types of bill

Answer 12

public bills

private bills

hybrid bills

Question 13

public bills

Answer 13

most important type of proposal that can be debated in parliament as they relate to laws affected the general population and changing public policy (e.g. the CRA 2005)

2 types of public bill; government bill and private member’s bill

government bill = introduced by government ministers to change public policy (e.g. 2013 Health and Social Care Act brought about the reorganisation of the NHS and was a gov bill)

private member’s bill = introduced by an individual backbench MP or a member of the Lords, affects the whole population but is much less likely to become law as its hard to find time for these bills to complete the legislative process (e.g. the duty on councils and NHS services to look after people with autism was passed in 2009 and began as a private member’s bill)

Question 14

private member’s bills (continued)

Answer 14

can be introduced 2 ways:

• BALLOT — 20 private members are selected from a ballot each parliamentary year, those elected can present a bill to parliament, time for debate of these bills is limited so only the first 5 or 6 members in the ballot have a realistic chance of introducing a bill (e.g. Abortion Act 1967)
• TEN MINUTE RULE — any MP can make a speech of up to 10 minutes supporting the introduction of new legislation, this method is rarely successful unless there is no opposition to the bill

Question 15

private bills

Answer 15

much less common, relate to laws affecting certain groups of people or an organisation

usually sponsored by that organisation as it directly affects them, a group affected by such a bill has the right to petition parliament against it

e.g. University College London Act 1996 which was passed in order to combine a number of medical schools with the University College

Question 16

hybrid bills

Answer 16

has characteristics of both a public and private bill

relates to laws affecting the general population but certain groups or areas in particular

e.g. the bill to build the HS2 rail link between London and Birmingham is an example of a hybrid bill — affects the whole population but specifically people living near the proposed rail link

Question 17

what is the legislative process?

Answer 17

a long and formal process that has to be followed before a bill can become an act of parliament

1. pre legislative process
2. first reading
3. second reading
4. committee stage
5. report stage
6. transfer
7. third reading
8. royal assent

Question 18

1) PRE LEGISLATIVE PROCESS

Answer 18

a bill may originate as a green paper and/or a white paper although this is not compulsory

green paper = an initial consultation document gaining views about proposed legislation from a variety of interested bodies and people, responses don’t have to be acted on but amendments can be made in light of feedback

white paper = a document setting out the governments preferred approach to future legislation, limited opportunity for comment

Question 19

2) FIRST READING

Answer 19

compulsory, formal introduction to announce the bill in either the Commons or the Lords

the name and main aims of the bill are read out but the bill is not voted on or debated at this stage

Question 20

3) SECOND READING

Answer 20

crucial main parliamentary debate on the principles of the bill which is followed by a vote that the gov expects to win

must be a majority in favour of the bill for it to progress any further

Question 21

4) COMMITTEE STAGE

Answer 21

a Standing Committee scrutinises each clause of the bill in great detail, they may propose amendments that can be made if the gov accepts them

a committee usually consists of between 16 and 50 MPs, the gov will usually have a majority in these as members reflect the strength of each party in the Commons

members usually have special interest or knowledge of the subject of the bill being considered

for finance bills the whole house will sit in the committee stage

Question 22

5) REPORT STAGE

Answer 22

committee will report back to the house after scrutiny

whole house considers the amendments made at the committee stage and may accept or reject them

further amendments may also be suggested

Question 23

6) THIRD READING

Answer 23

whole house debates and votes on the amended bill

gives a final chance to look at the bill again as a whole with all of its amendments and decide whether it should progress further

a bill is unlikely to fail at this stage, there will only be further debate on the bill if at least 6 MPs request it

Question 24

7) TRANSFER

Answer 24

bill is transferred and goes through the same stages in the other house

however, in the Lords the committee stage is carried out by the whole house

other house can propose further amendments which the Commons has to accept or reject

the bill can go back and forth between the houses like this for months (up to a year) before it becomes law, this is a process known as “parliamentary ping pong”

Question 25

8) ROYAL ASSENT

Answer 25

the monarch signs the bill and formally makes it law by giving it royal assent

this stage is merely a formality as the monarch should not get involved in politics by refusing to sign the bill

assent has not been refused since 1707

following assent, the act will usually come into force on midnight of that day unless another date has been set

Question 26

4 advantages of the legislative process

Answer 26

democratic

full reform

consultation and scrutiny

detailed debate

Question 27

advantages of the legislative process

DEMOCRATIC

Answer 27

parliamentary made law is made by our elected representatives and gives effect election manifesto commitments that they have the mandate to implement

furthermore, parliament is answerable to the electorate as they as there has to be a general election at least once every five years according the the Fixed Term Parliament Act

it can be voted out of office if it has not performed as as the electorate expected

Question 28

advantages of the legislative process

FULL REFORM

Answer 28

parliament can reform and consolidate whole areas of law in one act which makes the law simpler to find

an example is the Fraud Act 2006 which abolished old offences of deception and fraud and created a newer, simpler structure offences

Question 29

advantages of the legislative process

CONSULTATION AND SCRUTINY

Answer 29

the legislative process involves a high level of scrutiny which means that the laws made will be the best that they can be

the bill has to go through both houses and numerous stages before being officially passed and made law

moreover, wide consultation is possible before Parliament make changes to the law

for example using the green and white papers which allow consultation with interested parties and amendments to be made to proposed laws to make them more effective

Question 30

advantages of the legislative process

DETAILED DEBATE

Answer 30

bills are the subject of much debate and must be approved by both houses

so new law will have been thoroughly discussed

furthermore, law made by Parliament is also certain because under the doctrine of parliamentary sovereignty it cannot be changed except through another act of parliament

Question 31

4 disadvantages of the legislative process

Answer 31

long process

government control

lack of parliamentary time

complexity

Question 32

disadvantages of the legislative process

LONG PROCESS

Answer 32

the whole process from an initial green paper to royal assent and implementation can take several months, sometimes years

there is often a delay in dealing with an issue after a report has been issued or a complete failure to consider a suggestion

alternatively, “knee jerk” legislation may be rushed through to deal with a perceived problem and result in poorly considered legislation like the Dangerous Dogs Act 1991

Question 33

disadvantages of the legislative process

GOVERNMENT CONTROL

Answer 33

the government is in control of the parliamentary time allocated to the legislative process

usually allows very little time for private member’s bills which often deal with important moral issues

similarly, debates (particularly in the Commons) can be affected by political agendas rather than genuine debate about the need for new legislation

Question 34

disadvantages of the legislative process

LACK OF PARLIAMENTARY TIME

Answer 34

parliament does not always have time or the political will to consider all reforms and proposals for new laws

this is particularly true of “lawyers law” in areas such as criminal law or the law of contract

legislation may be a compromise between the Commons and the Lords to ensure the law is passed, rather than in its best form

Question 35

disadvantages of the legislative process

COMPLEXITY

Answer 35

acts of parliament are often very long and written in complex language which makes them difficult to understand

there is rarely any consolidation or codification of laws in a topic

as a result, there is often the need to read more than one document to find the law on an issue