The legislative process. Flashcards

1
Q

what is the first reading

A

The bill is introduced, and a date is set for the Second Reading. There is no debate or vote on the bill
at this stage.

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2
Q

what is the second reading

A

is the first time that the bill is debated. Normally a Minister will explain what
the bill is about and what the aim of the bill is. However, if it is a Private Member’s Bill then the Member proposing it will outline the bill. The bill will then be debated. A vote is taken, but it is a rare for a Government Bill to be opposed at the Second Reading. Only twice since 1945 has the Government lost a vote on a bill at the Second Reading.

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3
Q

what is the committee stage

A

After the Second Reading bills are sent to a Public Bill Committee
These Committees are specially set up to consider a particular bill. political parties are represented in proportion to the number of seats they hold.
results in lots of amendments being placed on the bills
Public Bill Committees can call in outside experts to give evidence, in
order to help MPs judge the bill. All bills go to Committee Stage but some do not go to a Public Bill Committee.
bills of major constitutional significance (e.g the European Union (Withdrawal) Bill) or Finance Bills go to a Committee of
the Whole House.

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4
Q

what is the third reading

A

usually no more changes take place
most important stage as it is confirmed if bill will be confirmed or rejected

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5
Q

what is parlimentary ping pong

A

where the bill goes from one house to the other and repeats all the stages above

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6
Q

what is the royal assent

A

king will give royal assent when bills have passe through both houses
this stage is only a technacality now

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7
Q

how has the legislative process been altered to be more modern
What has the back;ash been

A
  • In 2020 parliament moved to being a hybrid parliaments, member could take part in proceeding without have to physcially appear
  • In 2020 parliament began using electronic voting instead of standing in their division which is use in other parliaments such as scottish, this allowed more people to vote
  • But was never extended in uk parliament after covid as Jacob rees mogg leader of commons said it was better to vote in person
  • People argued that electronic voting encourages half-thought votes which restricts debates and disccusion that in person voting bring
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8
Q

what is the salsbury convention

A

it dictates that the House of Lords does not vote against an item that was part of the Government’s Manifesto. The aim is to ensure that the will of the people is carried out by enabling the party that won the election to carry out their key

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9
Q

what is the flaw of the salsbury convetion regarding the coalition government of 2010-15

A

Coalition Agreement between the Conservatives and
Liberal Democrats was an amalgamation of their respective manifestos, rather than something the public had voted for.
Despite originally claiming it was still valid, in 2011 the government admitted that “with the advent
of a coalition government the convention does not operate in the same way, if at all”.

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10
Q

what is a money bill

A

Commons hold financial privilege. This means that any bill which has the sole purpose of authorising spending, taxation or loans (a money bill) is not voted against by the House
of Lords

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11
Q

How has the financial privledge convention been broken by the house of lords

A

2015 house of lords voted to delay conservative gov’s plans to reduce amount poorer citizens could recieve in tax credits. Chancellor of the exchequer george osborn accused lords of breaching financial convention as was a goverment issue of spending.
Technically lords did not breach convention as voted against a Staturtory instrument not a finnace bill

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12
Q

What are the parliment acts of 1911 and 1949

A

mean that any bill (except
one to postpone a General Election) that passes the Commons in two successive Sessions can be presented for Royal Assent without the consent of the Lords, as long as certain time restrictions apply. This means that the House of Lords
can now only delay a bill, not prevent it from passing. However has only been invoked 4 times.

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13
Q

what are the green and white paper

A

Green paper is a consulting document which gov will outline broad ideas of what legislation it wishes to do, then will take opinons from diff groups
White paper set out details for future policy on a particular subject, will ofte be the basis for a bill to be put before parliament

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14
Q

what are the ways the government can cut short the legislative process (4)

A

-they can use whips to ensure public bill commitees process bill
-limit the time available for debate in commons
-make concession to win backbencher or members of the lords
-can threaten parliament acts to pass the legislation

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15
Q

what is an example to show how the government has dominated legislative agenda

A

between 1945 - 2019 only 148 / 19,919 divisons (votes) have been lost by the government.
Meaning 99.2% were won by gov

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16
Q

What is Primary legislation

A

An act of parliament.
Any priamary legislation but go through the full legislative process.
It cannot be overturned by any other body other than parliament as it is sovreign.
The ‘doctrine of implied repeal’ meas if it conflicts with any earlier legislation it automatically should take precedence over it

17
Q

what is secondary legislation

A

made by person or body who has been delegated to do so by parliament in primary legislation
It is essential for the effective running of the government as it is not possible to simply legislate through primary legislation

18
Q

what is an example of secondart legislation

A

2011 Parliament passed the Charities Act. One of the aims of this Act is for Parliament to decide the rules
of who can and cannot be a charitydelegates its power to the Charities Commission. Section 23 of
the Charities Act (2011) gives the Commission the power to remove the status of a ‘charity’ to any organisation
that it believes does not meet the standards required.

19
Q

what is statutory instruments (4)

A
  • most common way that secondary legislation is enacted with around 3,500 being passed
    per year.
  • usually created by Members of Cabinet in order to delegate another body or person
    to carry out an action.
  • all recorded and are scrutinised by Parliament.
  • Each Statutory
    Instrument is scrutinised either via an affirmative or negative resolution procedure.
20
Q

What is orders-in-council

A

decrees made by the Queen on the advice of the Privy Council. Importantly, it is through Orders-in-Council that the governments Royal Prerogative powers are used
eg.
* Appointment of Government Ministers
* Ordering of Military Action

21
Q

why are orders in council controversial

A

unlike with all other forms of law-making, there is no parliamentary scrutiny (although
the passing of a Statute would overrule an Order-in-Council).