PARLIAMENTARY LAW MAKING Flashcards

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1
Q

What is lobbying?

A

It is when some people try to persuade individual members of parliament to support their cause.
It has this name as the public can meet MPs in lobbies which they go through to get to the House of Commons

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2
Q

How can it be done?

A

It can be done through emails, letter or via social media.

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3
Q

Who can lobby?

A

Any person can lobby their Mp. Pressure groups use lobbying to highlight to highlight their concerns.
Most lobbying is done by professional lobbyists such as big businesses, Trade associations and big charities. In 2014, Parliament passed the Transparency of lobbying, Non party campaining and Trade Unions Act requiring the registration of professional lobbyists.

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4
Q

What is a mass lobby?

A

It when people contact their MPs of their member of Lords to arrange a meeting all in the same day.

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5
Q

Who are mass lobbies organised by?

A

They are usually organised by larger national or regional national campaign groups who organise them for them to coincide with a public rally or demonstration in London.

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6
Q

Why do people lobby?

A

People lobby to persuade an MP to ask a question in the House of Commons so that us gets publicity they may also try to persuade a MP who won a place in the ballot to promote a Bill that the lobbyist are concerned about.

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7
Q

What are examples of lobbying?

A

Greenpeace who built political support to bring about largescale change.
The BPF who used lobbying to reduce the Government’s recycling target
Since Brexit a lot of lobbying firms have tried to influence mps.

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8
Q

What are the stages of Parliamentary law making?

A
  1. Idea and consultation (White and Green Paper)
  2. A Bill is drafted
  3. They will start in the House of Commons(HoCs)or the House of Lords(HoLs). Financial Bills must start in the HoCs.
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9
Q

What happens after the Bill starts?

A

● There is a first reading where the name and aim of the Billnis read out.
● There is a second reading where there is a main debate and and at the end of the debate, a vote is taken. There must be a majority in favour for the Bill to go any further.
●There is a committee stage where detailed examination of each clause is undertaken. In the HoCs, committee of 16 to 50 Mps are chosen. It is usually a standing committee chosen on the basis of interest and knowledge in the subject of the Bill. For Financial Bills the whole house will sit in and so will the HoLs in the Committee stage there.
● There will be a report stage where the committee will report back to the HoCs if there are any amendments on the clauses of the Bill that may have been passed on. This only exists if there are any amendments.

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10
Q

What comes after the report stage?

A

●The third reading the final vote. Mainly a formality as a Bill that has managed to pass all the stages is unlikely to fail here. There will be a debate if at least 6 MPs ask for it.
● If a Bill was started in the HoCs it will go to the HoLs. It the HoLs make any amendments, it will go back to the HoCs. If the HoCs do not accept it, then the Bill will go back to the HoLs. This can go on for quite some time and it is referred to as “ping ping”. After both the Houses have agreed then it will be passed to the crown.

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11
Q

How powerful is the HoLs?

A

Their powers are limited the Parliament acts 1911 and 1949. A bill can still become law even if they reject it, given that they have gone back to the HoCs and passed all the stages again. They can delay a law by up to 1 year and an example of law made this way is the Hunting Act 2004.

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12
Q

What happens after both the Houses agree on a law?

A

●The final stage is where the monarch finally gives her approval to the Bill and it becomes an Act of Parliament. It is governed by the Royal Assent Act 1967. The past time a monarch refused to give a Royal Assent was Queen Anne in 1707. The law comes into force midnight after the royal assent, at another date said in the Act or via Commencement Order

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13
Q

What is an advantage of parliamentary made law?

A

It is a democratic process. This is because they are made by elected representatives. Parliament is answerable to the electorate(the public) as they is a general election every 5 years. The government can be voted out of the office once it has not performed as expected.

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14
Q

What is the 2nd advantage of Parliamentary law making?

A

●There can be reforms in full as Acts of Parliament can reform whole areas of law in an Act which can make it simpler to find.
●And example is the Equality Act 2010 which abolished old laws of discrimination and created new and hopefully a simpler structure of offences. ●In contrast, judges using precedent can change only few areas of the law as they can only use point of law in the case they are deciding.

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15
Q

What is a 3rd advantage of Parliamentary made law?

A

●It sets out broad policies and gives others power. ●This is called delegated Legislation. It is an advantage as the general structure is laid down by parliament and allows greater detail than if it was contained in an Act.
●The effective control on delegated legislation such as limits set in the Parent Act and review carried out by the scrutiny committee ensures that parliamentary sovereign is upheld.

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16
Q

A fourth advantage of Parliamentary made law?

A

●Consultation. Before a Bill is introduced into parliament, there would have been consultations on the proposed changes to the law.
● It allows the government to take into consideration the subjection and objections to the proposals. The use of Green Papers and White Papers ensure that there is consultation on the proposals
●All Bills have to be debated and considered by both Houses if Parliament and the new has to be thoroughly discussed in Parliament.

17
Q

What is a 1st disadvantage?

A

●Lack of time. Parliament does kit always have time to consider all reforms that have been proposed. An example of law that is still awaiting reform is the law on non fatal offences. The Law Commission proposed changes in 1993 to the law on offences against the person which is currently under the Offences against the Perosn Act 1861.
●One of its criticisms is that the language need to be made simpler and updated as it doesn’t apply to modern life and there need to be a clear hierarchy of offence. However, despite a draft Bill, the law has not been reformed and it is currently in an unsatisfactory state.

18
Q

What is a 2nd disadvantage if the legislative process?

A

●There is a long process. Even if a Bill is introduced into Parliament by the government, the process of becoming an Act with all the different reading, committee and report stages can take several months.
●+, the original bill may be altered several times during the process of parliamentary legislative process.

19
Q

3rd advantage of the legislative process

A

●GOVERNMENT CONTROL. The government is in control of the parliamentary timetable and may leave just a little time for private members bill which often deal with important moral issues.
●Even if the private member does not introduce the bill, it can easily be noted out as the government makes the majority in the House of Commons.
● As a result, few private members’ Bill become law and few moral issues are legislated upon

20
Q

4th disadvantage of the legislative process.

A

●The complexity. Acts of Parliament are very long and complex. This can make then difficult to understand. Many appeals that are heard by the Supreme court deal with the interpretation of Acts. R v Registrar General Ex Parte Smith
● Where a lot of detailed rules are needed, it is not always possible to include then in an Act if Paroiament. Eveb if detail is given, it cannot be changes without another act.
●It is often necessary to give power to other people to make detailed laws. It may be difficult to find these detailed laws which have to be read together with the original Act.

21
Q

What are bylaws?

A

Bylaws are form of delegated legislation(law made by others under the authority of Parliament )

22
Q

Who are bylaws made by?

A

Bylaws are made by local authorities or other public bodies/companies and some private companies.

23
Q

Who gives them this power?

A

Whey are given this power under Parent Acts such as the Local Government Act 1972

24
Q

Who must approve bylaws?

A

They must be approved by the relevant government minister

25
Q

Why do local authorities make bylaws?

A

Local authorities make bylaws about issues affecting their area and can cover things such as parking restrictions and banning alcohol in public places.

26
Q

What are some examples of bylaws?

A

Blackpool Council made a bylaw allowing Donkey Friday off to be cared for
Many local authorities created bylaws punishing owners of dogs with a fine up to £1,000 if they do not pick up dog foul in public places. They were given this power through the Parent Act: The Clean Neighborhoods and Environment Act 2005.

27
Q

Why do companies make bylaws?

A

Companies make bylaws to enforce certain rules such as public behaviour.

28
Q

What are examples of company bylaws?

A

The Merseyrail made bylaws banning smoking, alcohol drinking and putting feet on seats.
The waterboards company have been given the power to charge people for providing fresh water into their homes and removing sewage .