parliamentary law making- law making Flashcards
legislation
. laws made by parliament
. also called statutes or Acts of Parliament
Green and White papers
. consultation papers
Bill
. draft version of Act of Parliament
Legislative Process
. the stages the bill goes through in order to become law
Devolution
. when Westminster (our main parliament), gives power to other parliaments to make law
Green paper
. introduced if government is unsure about law
. consultation document, issued by gov department with responsibility for issue- eg. education minister issue green paper on school matters
. interested parties invited to send comments to department
. changed can be made
White paper
. document containing gov’s firm proposals for new law- takes views into account
. can issue without green paper if gov has firm ideas on law already
Green paper example
. 2017- gov publish GP for transforming children and young people’: mental health through NHS
Public Bills
. most frequent type of hill
. matters of public policy that will affect whole country or most of it
. eg- Constitutional Reform Act 2005, Equality Act 2010
. can affect one or more of devolved countries
. private member’s bill can be public bill but rare
Private Bills
. only affect a corporation or individual, not whole country
. eg- University College London Act 1996, British Railways Act 1969
Private Member’a Bill
. introduced and sponsored by individual MP
. ballot- parliamentary process- 20 private members are selected to take turns in presenting a Bill to Parliament and debated
. limited time so on first 6/7 can be introduced on their chosen topic
. few become law
. eg- Abortion Act 1967- ballot, Bail (Amendment) Act 1993- 10 minute rule
. can be introduced by Lord- rare
Legislative process
. start in either house
. first reading
. second reading
. committee stage
. report stage
. third reading
. opposite house
. royal assent
first reading
. formal procedure
. read out name and main aims of bill
. usually no discussion or vote
second reading
. main debate of bill
. focus on main principles
. Commons- speaker allows MPs to speak, vote at end, need majority to continue bill
. Lords- gov minister explains bill and answers questions, debate, vote, needs majority to continue
committee stage
. detailed scrutiny of bill- look at each clause and line
. Commons- committee of 16-50 MPs form a Standing Committee to examine bill
- have special interest or subject knowledge
- finance bills= whole house sit in committee
- suggest amendments, voted on by committee
. Lords- sit as whole house
- amended, agreed and voted on
. no time limit for discussion
Report stage
. Commons- committee report back additional amendments
- no amendments= no report stage
- amendments debated- accepted or rejected
- further amendments can be added
. Lords- all have opportunity to examine proposals and make amendments
- vote on amendments
third reading
. final vote on bill- same in both houses
. unlikely to fail at this stage- formality
. amendments can still be made if point was not previously considered
. Other house
. passes to other house- repeats stages
. if house makes changed, returns to original house- consider changes
. moves between houses until both settled- ‘ping-pong’
. Parliament Acts- HoL power limited to reject- Parliament Acts 1911and 1949
- allow to become law, even if rejected
- if bill reintroduced in HoC next session and passes all stages again
- rare
- eg- War Crimes Act 1991, Hunting Act 2004
Royal assent
. final stage- monarch formally gives approval to bill
. once approved, becomes Act of Parliament
. formality- Royal Assent Act 1967, monarch will not have text of bill, just short title
. last time monarch refused to sign bill was 1707- Queen Anne refused to sign Scottish Militia Bill
advantages
. democratic
. consultation
. lengthy discussion process
. law commission research
. parliamentary sovereignty
. knowledge and expertise
. quick introduction
disadvantages
. undemocratic
. no time
. lengthy process
. government control
. parliamentary sovereignty
. date of commencement
. MPs are not specialists
democratic
. elected representatives
. general election every 5 years
- can vote out government
consultation
. eg- green papers
. consider objections/ further suggestions
lengthy discussion process
. committee stage- detailed scrutiny
. potential problems addressed
. results in good law introduced
law commission research
. parliament can act on reports and draft bills prepared by Law Commission
. consulted widely and investigated the state of the law and need for reform
. results in better drafted legislation
. greater possibility of codification of existing law- eg. The Sentencing Act 2020
parliamentary sovereignty
. law passed by government = highest form of law
. must be applied by judges
. clear separation of powers- legislature and judiciary
knowledge and expertise
. minister introducing law will have full knowledge, support and expertise of their department
. been consulted in drafting
quick introduction
. emergency- introduced, debated and enacted quickly
. eg- Coronavirus Act 2020
. government- emergency powers
undemocratic
. HoL- unelected
. Crown- undemocratic
. MPs- whip
no time
. don’t always have time or inclination for all proposed reforms
. eg- law on assaults still awaiting reform
lengthy process
. readings, committee and report stage
. possible ping pong
. several months
. eg- Consumer Rights Act 2015- took 14 months
government control
. government in control of parliamentary timetable
. little time for considering Private Members bills
. if introduced, easily voted out- gov have majority seats
parliamentary sovereignty- dis
. difficult to remove or amend a badly drawn or outdated piece of legislation
. eg- Dangerous Dogs Act 1991- another act required to amend
. judges can’t create precedent which contradicts Parliamentary Sovereignty
date of commencement
. rare for act to immediately come into force
. come into force at later date
. consult several documents
MPs are not specialists
. not specialists in all areas of legislation= less detailed scrutiny
. HoL provide better scrutiny but unlikely for their suggested amendments to succeed
