The Process In Parliament Flashcards

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1
Q

Where will a Bill start?

A

Either HOC or HOL, HOC is more common

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2
Q

What Bills must begin in the HOC?

A

Finance Bills

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3
Q

What is the diagram for passing an Act of Parliament

A
Bill is drafted 
|
First Reading 
|
Second Reading
|
Committee Stage 
|
Report Stage
|
Third Reading 
|
Same procedure in the HOLL
|
Royal Assent
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4
Q

What is the first reading ?

A

This is a formal procedure where the name and main aims of the Bill are read out . usually no discussion takes place.

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5
Q

What is the Second reading ? (4)

A
  • This is the main debate on the whole Bill
  • focuses on main principles rather than smaller details
  • MP’s much catch the Speakers eye to speak
  • Vote is taken at the end and there must be a majority in favour for the Bill to progress any further
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6
Q

What happens at the committee stage ?

A

a detailed examinations of each clause of the Bill is undertaken by a committee of between 16-50 MP’s

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7
Q

Who examines the Bill?

A

what was a Standing Committee, now a Public Bill Committee , chosen especially for that Bill

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8
Q

Who are in the Standing/Public Bill Committee?

A

all parties are represented proportionately to the number of seats they have in the House of Commons

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9
Q

Who scrutinises Finance Bills?

A

the whole House will sit in a committee

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10
Q

What is the Report Stage?

A

Amendments from the committee stage to various clauses in the Bill are reported back to the House and amendments will be debated and either accepted or rejected

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11
Q

What has the Report Stage been regarded as?

A

‘a useful safeguard against a small Committee amending a Bill against the wishes of the House’

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12
Q

What happens at the third reading ? at HOC and HOL

A

This is the final vote on the Bill. Almost a formality as the Bill has passed through all stages and unlikely to fail at this stage

In the HOL there may be amendments at this stage

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13
Q

at the Third Reading, when may there only be a further debate in HOC?

A

if at least 6 MP’s request it

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14
Q

what happens during the HOL process if the Bill started in the HOC?

A

Bill is passed to HOL where it goes through 5 stages making amendments which will go back to the HOC

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15
Q

What happens at the stage of Royal Assent?

A

the Monarch gives approval to the Bill and it becomes an Act of Parliament

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16
Q

What Act states that the Monarch will not even have the text of the Bills to which she is assenting to ?

A

Royal Assent Act 1967

17
Q

When was the last time a Monarch refused assent?

A

1707 when Queen Anne refused to assent to the Scottish Militia Bill

18
Q

Which 2 Acts of Parliament limit the powers of the HOL to reject a Bill?

A
  • Parliament Act 1911

- Parliament Act 1949

19
Q

What does the Parliaments Act 1911/49 do ?

A

Allow a Bill to become law even if the HOL rejects it provided that the Bill is re-introduced into the HOC in the next Parliament and passes all the stages there

20
Q

What is the principle behind the Parliament Acts against the HOL?

A

The HOL is not an elected body and its function is to refine and add to the law rather than oppose the will of the democratically elected HOC

21
Q

How many occasions have there been where the Parliament Acts have been used to bypass the HOL after they voted against the Bill?

A

4

22
Q

When were the 4 occasions in which the Parliament Acts have been used against the HOL post-1949?

A
  • War Crimes Act 1991
  • European Parliamentary Elections Act 1999
  • Sexual Offences (Amendment) Act 2000
  • Hunting Act 2004
23
Q

Following the Royal Assent, when will the Act of Parliament come into force?

A

midnight that day unless another date has been set

24
Q

What is the new trend for the commencement of an Act ? (2)

A
  • Act itself sets the date it will commence

- Responsibility of the appropriate Minister to fix the commencement date

25
Q

Why can different commencements of Acts cause problems?

A

creates uncertainty as it is difficult to discover which sections of an Act have been brought into force

26
Q

Which Act demonstrates that some Acts or sections may never become law?

A

Easter Day Act 1928, passed all the necessary stages but has never come into force

27
Q

Give an example of an Act where the parties thought the new law was urgently needed and passed within 24 hours

A

Northern Ireland Bill 1972

28
Q

What does s.1 of the Law Reform Act 1996 do?

A

abolished the ‘year and a day rule’

29
Q

What does s.2 of the Law Reform Act 1996 do?

A

sets out when the consent of the Attorney General is needed before a prosecution can be started