Parliamentary Law Making

Question 1

House of Commons

Answer 1

Elected every five years ish, 650 seats. Need to get 326 to have a
Majority gov in charge.

Question 2

How is the HoL structured

Answer 2

Non elected, before 1999 there were 1.1k members who 750 were hereditary, rest were life peers, judges n bishops. 1999 labour gov decided there should be some nominated members such as life peers and some elected, and that being given a title through lineage shouldn’t automatically allow that person to make law. Currently (although was meant to be temporary) there are 92 hereditary peers, 700 life peers and 26 most senior bishops of Church of England. Judges removed as they are separate from parliament

Question 3

What’s a green paper

Answer 3

A green paper is a consultative document put forward by a minister with responsiblity for that matter (ie health or education). It is a proposal for a law reform. Interested parties are I invited to send comments to the relevant gov department so a consideration of all sides can be made and changes made to the proposals.

Question 4

What’s a white paper

Answer 4

A document issued by the gov stating their decisions on how they’re proposing to reform the law.

I.e Supreme Court decides in jan 2017 that parliament had to be consulted on Brexit. The issued a white paper before a bill was put before parliament which laid out twelve principles, including taking control of own laws

Question 5

How is an act introduced to parliament

Answer 5

Via a Bill, drafted using correct legal wording and is comprehensive.

Question 6

What’s a private member bill

Answer 6

A bill introduced by an MP from any polictical party. Relatively few become law but some have, ie abortion act 1967 allowing abortions, as well as the 1994 marriage act allowing marriages in not only registry offices and churches. There are two ways a private MP can introduce a bill:
By a ballot (20 priv members are selected who can take their turn in presenting their bills. Usually only debates on Fridays and usually only get through about 6/7)
Ten minute rule: make up a speech under ten minutes supporting the introduction of this legislation. House of Lords can also introduce priv members bills (ie household waste recycling act 2003)

Question 7

What’s a gov bill

Answer 7

Introduced by gov , ie Crim justice and courts act 2015

Question 8

What’s a public bill

Answer 8

Involves matters of general policy and affects the public, ie Legal aid, sentencing and punishment act 2012

Question 9

What’s a private bill

Answer 9

Affects particular place or organisation ie faversham oyster fishery company bill 2016 (affects way company is run)

Question 10

What’s a hybrid bill

Answer 10

Introduced by gov but affects organisation, person or place, ie Crossrail acts

Question 11

House of Lords role on lawmaking

Answer 11

Check on House of Commons, bills can start here(except finance bills which must start in HoC) but power limited by 1911 and 1949 acts which allow a bill to become law even if rejected by HoL as long as it becomes law in a year. Has been used four times:
War crimes act 1991
European parliamentary elections act 1999
Sexual offences (amendment) act 2000
Hunting act 2004

Question 12

What is the parliamentary process on law making

Answer 12

Bill is drafted 
First reading 
Second reading 
Committee stage 
Report stage 
Third reading 
Same procedures in other house 
Royal assent

Question 13

What’s the first reading

Answer 13

A formal procedure where the name of the bill is read aloud

Question 14

What is the second reading

Answer 14

Main debate. If you want to speak you must catch the speaker’s eye. No one may speak without speakers permission. At end of debate, a vote takes places, usually verbal. ‘Aye’ or ‘No’. If it’s a no then the bill doesn’t progress further, if it’s an aye then it passed through to the committee stage. If the speaker can’t tell then there are doors they walk through to cast their vote, and are then counted by two tellers ( one on each door)

Question 15

Committee stage

Answer 15

Detailed examination of each clause undertaken by a committee of about 16-50 MPs. Done by a standing committee chosen specifically for that Bill. The government will have a majority and opposition and minority parties are represented proportional to number of seats they have in the HoC. MPs nominated for each standing committee will usually be those with a special interest or knowledge on subject. Finance bills the whole HoC will sit in committee

Question 16

Report stage

Answer 16

Amendments to various clauses in the Bill may have been voted on and passed, therefore this stage is reporting to the house about changes, and will be debated further(if no amendments, it goes straight to third reading) it has been described as ‘ A USEFUL SAFEGUARD AGAINST A SMALL COMMITTEE AMENDING A BILL AGAINST THE WISHES OF THE HOUSE, AND A NECESSARY OPPURTUNITY FOR SECOND THOUGHTS’

Question 17

Third reading

Answer 17

Final vote on bill, will only be further debate if at least six MPs request it as it’s unlikely to fail at this point

Question 18

Taking a bill to the other house

Answer 18

Goes through same stages. If the other house makes changes, it goes back to the original house where new debate happens. This can go back and forth via ‘ping pong’

Question 19

Royal assent

Answer 19

When monarch formally gives approval. Under royal assent act 1967, monarch isn’t given text of bill she’s assenting, only the short title. Last time a monarch refused royal assent was 1707 when Queen Anne refused assent to the Scottish milita bill

Question 20

When does an act of parliament commence

Answer 20

Midnight of that day unless another date has been set. The act itself states the date when it will commence or passes responsibility on appropriate minister to fix the date, who will later bring the Act into force by issuing a commencement order. Sometimes it may never become law (Easter act 1928, to fix Easter date never came into force)

Question 21

Advantages of parliamentary law making

Answer 21

Made by elected reps: democratic
Election ever five years so gov can be voted out if haven’t performed well.
Parliament can reform all areas of law with one act (ie fraud act 2006, abolished all old offences and created a newer and simpler structure of offences)
Can set broad policies and give power to others (delegated legislation) allows greater detail on law
Has to be consultation before bill presented and allows objections to be considered

Question 22

What are the disadvantages of parliamentary law making

Answer 22

Parliament doesn’t always have time to deal with all reforms (ie law commission proposed changes to law on offences on person in 93 as law from 1861 was too complex. Draft bill published 98 but still not been reformed)
Can take ages
Not much time for priv members bills
Acts can be long and complex

Question 23

What is the political influence on parliament

Answer 23

They want votes so likely to do as supporters want= plans outlined in a manifesto
Advantages: law making process efficient as gov has parliament majority
Dis= could repeal or alter old laws due to different policies, can be costly and criticised. Gov may have small majority and might restrict what may be passed

Question 24

Political influence via media or public opinion

Answer 24

Government may bow to keep public happy and therefore get votes (more likely to happen towards another election)
Adv= may help law for good (1996 dunblane massacare where 16 kids and teacher killed led to banning priv ownership of most handguns)
Free press= free to criticise parliament (ie 2009 MPs expenses claims, caused outrage at systems of MPs expenses and parliament had to reform)
Dis= May respond too quickly to appease without thinking things through (knee jerk) is dangerous dogs act 1991 has led to many disputed cases in court
Media could manipulate news to create public opinion

Question 25

Political influence: pressure groups

Answer 25

Sectional: represent views of a group of people ie Law society (solicitors interests) and British Medical association (represents doctors)

Cause: ie greenpeace, represent a cause

May make gov change laws ie lowering homosexual acts in private to 16 in 2000

Most groups use lobbying (persuading an individual MP, called this as you can meet MPs in hallways through which MPs go to HoC)

Ad= draws attention to important issues 
Dis= seeking to impose their ideas even when public don’t agree and conflicting groups may argue IE when fox hunting considered to be banned, league against cruel sports agreed but countryside alliance didn’t

Question 26

Law reform bodies and political influence

Answer 26

Law commission = perm panel of legal experts who research areas of law and recommend reforms. Look st whole areas and make comprehensive proposals for reform. Issue a consultation paper before setting out final proposals so can get views of interested parties. Final report usually contains a draft bill setting out ways they think law should be reformed. Usually go to parliament
Adv= areas of law researched by legal experts, law commission consults before finalising proposals, whole areas of law can be considered, enacting law on one act makes law easier to find and understand
Dis= gov doesn’t always implement, partly due to lack of time.

Question 27

Definition of parliamentary supremacy

Answer 27

1.) parliament can legislate in any matter
2.) no parilament can bind or be bound by others
3.) no body can override or set aside an act
(Also referred to as sovereignty of parliament)

Question 28

Define legislation on any subject matter

Answer 28

No limits on what parliament can make laws on. Can make or change anything. Ie made laws on succession in 1700 when act of settlement passed saying King James II kids couldn’t come to throne. Crown act 2013: changed so oldest child regardless of gender takes throne. Can change own powers (1922 and 1949 HoL acts)

Question 29

Cannot bind successor (parliament supremacy)

Answer 29

Can be free to make or change any laws, except some that are so important to constitution they can’t relalisitcally be repealed, like 1700 act of settlement. Or statute of Westminster 1931 (can’t make or force them to follow British law for commonwealth countries unless they consented). Could be repealed but obvs no countries would accept said law

Question 30

Parliament supremacy: can’t be overrided

Answer 30

Kept even when act may have been made due to false info (ie British railways board v pickin 1974, where the act was enacted 1968. Pickin challenged this as BRB had fraudulently concealed certain matters from parliament which led to act passing. Action struck out as no court can go behind on a passed act. A challenge cannot be made to an act regardless. Another example is the case taken in courts of UK leaving EU. The gov announced it would trigger article 50 in 2017. Challenged by R (on application of miller and another) v sec of state for exiting EU(2016). SC held the leaving EU would override European communities act 1972 therefore another act by parliament had to be passed to start the process of Leaving EU.

Question 31

Limits on parliamentary supremacy: Human rights

Answer 31

Effect of humans right act 1998: states all acts have to comply wit European convention on human rights. You can challenge an act that doesn’t comply with convention. Under s4 of the HRA, courts can declare an act incompatible with convention. Example: H v mental health review tribunal 2001. Patient applied to be realised but mental health act 1983 placed BoP on patient. This was not compatible with human rights as it meant that it should be up to the date to justify continuing treatment so they changed the law. However a declaration of incompatiblity doesn’t mean the gov has to change law/ p can pass an act contravening ECoHR

Question 32

Limits on parliament supremacy: devolution

Answer 32

Scotland act 1998 and wales act 1998 devolved( handed down) certain powers to Scottish and Welsh parliament, therefore they can make laws on some matters without p approving.
P could repeal but seems stupid as would lose support from people

Question 33

Limits on parliament supremacy: EU membership

Answer 33

1973: Britain joined EU. 2016 people voted to leave. While Britain is a member there are limits on supremacy of parliament as EU LAW TAKES PRIORITY OVER BRITISH LAW. Ie merchant fishing act 1998 set down rules on who could own or manage fishing boats in Britain. Act meant to protect fish sticks and industry and meant 75% of directors and shareholders had to be British. Court of justice of EU ruled this was contrary to Eu law and so couldn’t be enforced.