Pre-Legislative Process: Introducing an Act of Parliament

Question 1

On major matters, who may issue a Green Paper?

Answer 1

by the Minister with responsibility for that matter

Question 2

What is a green paper?

Answer 2

a green paper is a consultative document on a topic in which the Governments view is put forward with proposals for law reform

Question 3

Who is allowed to review the Green Paper and why?

Answer 3

interested parties are invited to send comments to the relevant government department so yay a full consideration of all sides can be made and necessary changes made to the Governments proposals

Question 4

Following amendments to the Green Paper, what will the Government then publish?

Answer 4

the White Paper

Question 5

What will a White Paper include?

Answer 5

firm proposals for new law

Question 6

Why is consultation before any new law is framed , valuable ?

Answer 6

it allows time for mature consideration

Question 7

What Act shows that rushing law thought can be subsequently unworkable ?

Answer 7

the Dangerous Dogs Act 1991

Question 8

Who introduces the great majority of Acts of Parliament?

Answer 8

the government

Question 9

Although Acts of Parliament are introduced by the Government , who are they initially drafted by ?

Answer 9

initially draft by lawyers in the civil service who are known as Parliamentary Counsel to the Treasury

Question 10

Who instructs the lawyers in the civil service who are known as Parliamentary Counsel of the Treasury and initially draft the Acts, what is to be included and the effect of the proposed law ?

Answer 10

given by the government department responsible for it

Question 11

When the proposed Act has been drafted it is published, what is it at this stage called?

Answer 11

a Bill

Question 12

When will a Bill become an Act of Parliament?

Answer 12

when it successfully completes all the necessary stages in Parliament

Question 13

Why do draftsmen face problems with Bills? (3)

Answer 13

have to ensure

• represents Governments wishes
• use correct legal wording so that there we not be any difficulties in the courts applying it
• pressure on time for when the Government wish to introduce the Bill into Parliament

Question 14

What is a Public Bill?

Answer 14

Public Bills involve matters of public policy which will effect he whole country or a large section of it

Question 15

Give 3 examples of Public Bills

Answer 15

• Constitutional Reform Act 2005
• Legal Services Act 2007
• Coroners and Justice Act 2009

Question 16

What are Private Bills?

Answer 16

A small number of Bills are designed to pass a law which will affect only individual people or corporations , not affecting the whole community

Question 17

What is a recent example of a Private Bill?

Answer 17

Whitehaven Harbour Bill passed by Parliament and now the Whitehaven Harbour Act 2007 transferring all rights and obligations of the harbour from 3 separate companies to the Whitehaven Harbour Commissioners

Question 18

What is a Private Members Ballot?

Answer 18

The parliamentary process allows a ballot each session in which 20 private members are selected who can then taken their turn in presenting a Bill to Parliament

Question 19

When are Private Members Bills debated?

Answer 19

usually on Fridays

Question 20

How many Private Members have a realistic chance of introducing a Bill on their chosen topic?

Answer 20

first 6 or 7

Question 21

Very few Private Members Bills become law, give an example of 3

Answer 21

• Abortion Act 1967 which legalised abortion
• Marriages Act 1994 introduced by Giles Brandreth
• Household Waste Recycling Act 2003

Question 22

What did the Private Members Bill , Marriages act 1994 allow? introduced by who ?

Answer 22

Introduced by Giles Brandreth allowed people to marry in any registered place not only in Register Offices or religious buildings

Question 23

What did the Household Recycling Act 2003 do?

Answer 23

places local authorities under a duty to recycle waste

Question 24

What is the “Ten-minute Rule”, what does it do

Answer 24

backbenchers can also try to introduce a Bill through this method under which any MP can make a speech of up to 10 minutes supporting the introduction of new legislation

Question 25

How successful is the “Ten-Minute Rule”

Answer 25

rarely successful unless there is no opposition to the Bill

Question 26

What acts have been introduced through use of the “Ten-Minute Rule”?

Answer 26

-Bail (Amendment) Act 1993

Question 27

What did the Bail(Amendment) Act 1993 do ?

Answer 27

gave the prosecution the right to appeal against the granting of bail to a defendant