Pre-Legislative Process&Introducing an Act of Parliament Flashcards
On major matters, who may issue a Green Paper?
by the Minister with responsibility for that matter
What is a green paper?
a green paper is a consultative document on a topic in which the Governments view is put forward with proposals for law reform
Who is allowed to review the Green Paper and why?
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
Following amendments to the Green Paper, what will the Government then publish?
the White Paper
What will a White Paper include?
firm proposals for new law
Why is consultation before any new law is framed , valuable ?
it allows time for mature consideration
What Act shows that rushing law thought can be subsequently unworkable ?
the Dangerous Dogs Act 1991
Who introduces the great majority of Acts of Parliament?
the government
Although Acts of Parliament are introduced by the Government , who are they initially drafted by ?
initially draft by lawyers in the civil service who are known as Parliamentary Counsel to the Treasury
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 ?
given by the government department responsible for it
When the proposed Act has been drafted it is published, what is it at this stage called?
a Bill
When will a Bill become an Act of Parliament?
when it successfully completes all the necessary stages in Parliament
Why do draftsmen face problems with Bills? (3)
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
What is a Public Bill?
Public Bills involve matters of public policy which will effect he whole country or a large section of it
Give 3 examples of Public Bills
- Constitutional Reform Act 2005
- Legal Services Act 2007
- Coroners and Justice Act 2009
What are Private Bills?
A small number of Bills are designed to pass a law which will affect only individual people or corporations , not affecting the whole community
What is a recent example of a Private Bill?
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
What is a Private Members Ballot?
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
When are Private Members Bills debated?
usually on Fridays
How many Private Members have a realistic chance of introducing a Bill on their chosen topic?
first 6 or 7
Very few Private Members Bills become law, give an example of 3
- Abortion Act 1967 which legalised abortion
- Marriages Act 1994 introduced by Giles Brandreth
- Household Waste Recycling Act 2003
What did the Private Members Bill , Marriages act 1994 allow? introduced by who ?
Introduced by Giles Brandreth allowed people to marry in any registered place not only in Register Offices or religious buildings
What did the Household Recycling Act 2003 do?
places local authorities under a duty to recycle waste
What is the “Ten-minute Rule”, what does it do
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
How successful is the “Ten-Minute Rule”
rarely successful unless there is no opposition to the Bill
What acts have been introduced through use of the “Ten-Minute Rule”?
-Bail (Amendment) Act 1993
What did the Bail(Amendment) Act 1993 do ?
gave the prosecution the right to appeal against the granting of bail to a defendant
