Parliamentary Law Making Flashcards
What is a green paper?
A consultative document put forward by the government. (Prior to a white paper)
A consultative document put forward by the government. (Prior to a white paper)
Green paper
What is a white paper?
A proposal for a new law
A proposal for a new law
A white paper
What is a ‘bill’?
A draft for a proposed Act.
What is a draft for a proposed Act called?
A bill
What is a ‘private members bill’?
When an MP who is not a member of the government puts forward a bill
When an MP who is not a member of the government puts forward a bill
What is this called?
A private members bill
In what ways can a ‘private’ MP introduce a bill?
1) By ballot
2) 10-minute rule
Give an example of a private members bill that became an act of parliament
Abortion Act 1967
What is a public bill?
Give one example
A bill that affects the population as a whole.
Legal Services Act 2007
What is a private bill
Give one example
Bills that affect a particular individual or corporation
Faversham Oyster Fisheries Bill 2016
What Acts limit the powers of the House of Lords?
Parliaments Act 1911 and 1949
Parliaments Act 1911 and 1949.
How do these acts affect the House of Lords?
They limit its powers.
They mean that House of Lords can only veto bills up to 1 year.
Give one example of when the Parliaments Act 1911 and 1949 was used to by-pass the House of Lords
Hunting Act 2004
what are the stages of of parliamentary process in the House of Commons and the House of lords and the role of the Crown?
- First reading
- second reading
- commitee stage
- report stage
- third reading
- the House of Lords
- royal assent
what is the first reading within stages of parliamentary law making?
The bill arrives in the Lords. This stage is a formality where the bill name is read in the chamber.
controversial, political bills start in HoC
non-political bills start in HoL
what is the second reading within the stages of parliamentary law making?
The Bill is read in full. The main debate takes place on any controversial or contentious issues. Amendments may be made at this stage. The Joint Select Committee on Human Rights will report on whether any Human Rights issues arise. After the debates the House will vote on whether to proceed.
what is the committee stage within the stages of parliamentary law making?
The Bill will be subject to a clause by clause scrutiny by a Committee generally made up of 16-50 members. The Committee is generally selected for their expertise either on the subject matter of the Bill or their drafting experience. The Committee Stage is generally an exercise in eliminating drafting errors rather than looking at the policy matters behind the Bill. The Committee may propose amendments.
what is the report stage within the stages of parliamentary law making?
The committee reports its findings to the House of origin. The proposed amendments are debated and there will be a vote on whether to accept the amendments.
what is the third reading within the stages of parliamentary law making?
The Bill is read in full. There will only be a debate at this stage if at least six MPs request it. A vote will take place as to whether the Bill should proceed.
what is the House of Lords (or if the bill started here then it would go to the House of Commons) stage within parliamentary law making?
If it started in the Commons it passes to the Lords and vice versa.
Any ammendments made in the alternative House must be referred back to the House of origin to agree to the ammendments. This is known as Ping Pong.
what are the Parliament Acts 1911 and 1949 relating to the House of Lords stage in parliamentary law making?
The Parliament Act 1911 removed the House of Lords’ power of absolute veto over legislation. The Lords at most could delay a Bill for two years. The Parliament Act of 1949 reduced the delay period to one year. This power has not been used on many occasions.
what is the royal assent stage in within the stages of parliamentary law making?
This is a formal procedure whereby the Queen signs the Bill and it formally becomes an Act of Parliament (a statute)
what are some advantages of law making in parliament?
- its democratic, made by our elected representatives.
- Acts of parliament can reform whole areas of law in one Act e.g. fraud Act 2006.
- delegated legislation- allows greater detail in the law
- lengthy process allows for thorough discussions.
what are some disadvantages of law making in parliament?
- doesn’t have time to deal with all reforms proposed
- process of a bill becoming an Act can take several months
- government allows for little private members bills, once accepted they are easily voted out as they have the majority in HoC.
- Acts are often long and complex, difficult to understand, lead to appeals
explain the political influences on parliamentary law making
each party has its own policies and drafts and a manifesto before a general election. When elected as the gov, these will be a major influence on the laws it introduces into parliament.
what are advantages of political influences on parliament?
each political party has its proposals known if they are elected. the fact that the gov has a majority in the house of commons means that virtually every law it proposes will be passed, in this way, gov is reflecting the majority of the electorate.
what are disadvantages of political influences on parliament?
new gov may repeal or alter laws made by previous gov which is costly and open to criticism.
if gov has a small majority, it may be restricted in the laws it can propose.
where there is a coalition gov, 2 parties have to compromise on what policies are followed e.g. 2010-2015 conservative and liberal, majority of electorate did not vote for this so gov isn’t reflecting the will of electorate
how does public opinion/media influence parliamentary law making?
it is the way in which info is supplied
strong public opinion or media reports can lead to a change in the law. gov will bow to this especially at the end of a term of gov, with general election coming up soon, they would want to remain popular.
what are advantages of the influences of public opinion/media on parliamentary law making?
play an important role in highlighting issues of social concern.
massacre in 1996 of 16 young children and their teacher in Dunblane by a lone gunman with legally owned gun, reflecting public opinion, parliament banned private ownership pf most handguns
free press are able to criticize gov policy or bring other issues to attention of gov e.g. 2009 highlighting of bad practice of MPs expenses.
what are disadvantages of the influences of public opinion/media on parliamentary law making?
responding too quickly to high profile incidents may lead to poorly drafted law (a ‘knee-jerk reaction’) e.g. dangerous dogs act 1991 where wording of Act led to many disputes.
media can manipulate the news and create public opinion e.g. ‘name and shame’ campaign against pedophiles
How do pressure groups influence parliamentary law making?
These are groups with a particular interest that bring issues to the attention of the general public and law makers.
Sectional pressure groups exist to represent the interests of a particular section of society like work groups e.g. Law society
Cause pressure groups exits to promote a particular cause like environmental groups e.g. Greenpeace
What are advantages of the influences pressure groups have on parliamentary law making?
Raise important issues- environmental groups have made gov more aware of damage done to our environment by greenhouse gases.
Ban on smoking in public places 2007
Jamie Oliver- standard for school dinner 2006
What are disadvantages of the influences pressure groups have on parliamentary law making?
Seeking to impose ideas even when the majority of the public does not support their views.
2 pressure groups have conflicting interests and want opposing things e.g. ban against fox hunting (league against cruel sports wanted it banned, countryside alliance didn’t want ban)
How do lobbyists influence parliamentary law making?
They are people who meet MPs in the lobbies of parliament in order to persuade them to support their cause, often by asking a question in parliament.
What are advantages of the influences lobbyists have on parliamentary law making?
Brings issues to parliaments attention. This leads to debate in parliament, publicity for the issue and even change in law. Anyone can lobby their MP.
What are disadvantages of the influences lobbyists have on parliamentary law making?
Big businesses use professional lobbyists, giving them more influence than the general public. This leads to an abuse of the process. MPs can be paid to ask questions.
how does the law reform influence parliamentary law making?
they will prepare reports for the gov on problems with the law and propose reform. through work of law commission, very important laws have been created by parliament; OLA 1984
what are advantages of the influences law reform have on parliamentary law making?
responsible for many sensible changes to the law e.g. unfair contract term act 1977, fraud act 2006
what are disadvantages of the influences law reform have on parliamentary law making?
only two thirds of proposals have been implemented. gov is slow in enacting the reform. non fatal offences still waiting reform despite bill being made.
what is parliamentary supremacy?
consists of 4 elements:
- Parliament may introduce any law it wishes
- Parliament can not bind future Parliaments
- Laws made by Parliament override all other forms of law
- The courts must apply the laws made by Parliament.
