Topic 3 - Parliamentary Law Making

Question 1

What is a Green Paper?

Answer 1

a consultative document issued by the government putting forward proposals for reform of the law, and it may be issued by the Minister with responsibility for that matter
- following the introduction of a Green Paper interested parties are invited to send comments to the relevant department so that a full consideration of all sides can be made and necessary changes made to the government’s proposals, with consultation being a valuable part of the law-making process

Question 2

What is a White Paper?

Answer 2

this follows the Green Paper and is a document issued by the government stating their decisions as to how they are going to reform the law

Question 3

What is a Bill?

Answer 3

is is the name for a draft law going through Parliament before it passes all the Parliamentary stages to become an Act of Parliament

Question 4

What are the stages involved in the pre-legislative procedure of introducing a Bill?

Answer 4

• the issuing of the Green Paper
• consultation on the proposed changes
• the issuing of the White Paper

Question 5

What are the different types of Bill?

Answer 5

• Private Members’ Bills, introduced by individual MPs
• Public Bills, which involve matters of public policy affecting either the whole country or a large section of it
• Private Bills, which are designed to pass a law that will only affect individual people or corporations
• Hybrid Bills, which will primarily affect specific groups or individuals, but will also effect the general public

Question 6

What is a Private Members’ Bill?

Answer 6

This is introduced by an individual MP, although relatively few have become law
- they can be introduced by Ballot, where 20 private members are selected who can take their turn in presenting a Bill to Parliament, or through the ten-minute rule, where any MP can make a speech of up to 10 minutes
- members of the HoL can also introduce Private Members’ Bills
+ examples include the Abortion Act 1967 and the Household Waste Recycling Act 2003

Question 7

What is a Public Bill?

Answer 7

This is introduced to Parliament and involved matters of public policy which will affect either the whole country or a large section of it
- most government Bills are Public Bills
+ examples include the Legal Services Act 2007 and the Criminal Justice and Courts Act 2015

Question 8

What is a Private Bill?

Answer 8

This is designed to pass a law that will only affect individual people or corporations
+ an example is the Faversham Oyster Fisheries Bill 2016

Question 9

What is a Hybrid Bill?

Answer 9

This will primarily affect specific individuals or groups but would also largely affect the general public
+ an example is the High Speed Rail (London-West Midlands) Act 2017

Question 10

What is the role of the HoC?

Answer 10

• most Bills are introduced in the HoC and if the HoC votes against a Bill, then it ends
• during the course of a Bill through the HoC there will be debates on issues of policy behind the law

Question 11

What is the role of the HoL?

Answer 11

The HoL acts as a check on the HoC - all Bills go through the HoC and they can vote against the proposed changes to the law, but their power is limited by the Parliament Acts 1911 and 1949

Question 12

What do the Parliament Acts 1911 and 1949 do?

Answer 12

They allow a Bill to become law even if the HoL rejects is provided that the Bill is reintroduced into the HoC in the next session and passes all stages again there, meaning that the HoL can only delay a law by up to a year
- the principle behind the Acts is that the HoL is not an elected body so its function is to refine the law rather than oppose the will of the democratically elected HoC
- it does not increase the power of the HoC, just decreases the power of the HoL
+ examples of its use are the War Crimes Act 1991 and the Hunting Act 2004

Question 13

What is the Parliamentary process for a Bill to become an Act?

Answer 13

• First Reading, where no discussion or vote takes place
• Second Reading, which is the main debate on the Bill where MPs debate the principles behind the Bill, controlled by the Speaker, with a vote being taken by the end
• Committee Stage, where a Standing Committee consisting of MPs undertakes a detailed examination of each clause of the Bill
• Report Stage, where amendments made in the Committee Stage are reported back to the House on amendments, which will be accepted or rejected
• Third Reading, which is the final vote on the Bill
• The House of Lords, where it once again goes through a First Reading, Second Reading, Committee Stage, Report Stage and Third Reading, and if amendments are made the Bill goes back to the HoC
• Royal Assent, where the Monarch formally gives approval to the Bill, allowing it to become an Act of Parliament

Question 14

What are the advantages of law making in Parliament?

Answer 14

• the HoC is democratically elected
• whole areas of law can be reformed in one Act
  + an example is the Fraud Act 2006
• Acts of Parliament can set broad policies and give powers to others to make detailed regulations
• the consultation process allows for a thorough process in both houses
• Laws made through Parliament cannot be challenged under the doctrine of Parliamentary Supremacy

Question 15

What are the disadvantages of law making in Parliament?

Answer 15

• Parliament does not always have time to deal with all reforms that are proposed
  + the Law Commission proposed changes to the law on offences against the person in 1993 but the law has not yet been reformed
• the process can take months
• very little time is allowed for Private Members’ Bills
• Acts of Parliament can be long and complex

Question 16

What are the main influences on Parliament?

Answer 16

• political, where each party has its own policies and its manifesto will influence the laws they try to introduce into parliament
• public opinion/media, where issues of social concern or strong public opinion can lead to a change in the law
• pressure groups, where groups with a particular interest will bring issues to the attention of the general public and the government
• the Law Commission, which is an independent body which reviews the law and proposes reform

Question 17

What are the advantages and disadvantages of political influences on Parliament?

Answer 17

Advantages:
- each party has its proposals ready
- a government majority means that most of the laws it introduces will be passed
Disadvantages:
- new governments may repeal or alter laws made by previous governments
+ an example is the Employment Acts of 1980 and 1982 which undid the Trade Union and Labour Reforms Act passed under the previous Labour government
- a small majority or a coalition can restrict what laws can be passed

Question 18

What are the advantages and disadvantages of public opinion and the media’s influence on Parliament?

Answer 18

Advantages:
- it brings the attention of the government to areas of law that need reforming
+ an example can be seen following the 1996 shooting in Dunblane leading to the banning of private ownership or most handguns
- free press can criticise government policy
Disadvantages:
- media can manipulate the news and create public opinion, which may lead to a knee-jerk reaction from the government
+ an example is the Dangerous Dogs Act 1991, where the Act was rendered effectively useless by poor wording

Question 19

What are the two types of pressure groups?

Answer 19

Sectional pressure groups, which exist to represent the interests of a particular group of people, such as the Law Society or the British Medical Association
Cause pressure groups, which exist to promote a particular cause, such as Greenpeace or Amnesty

Question 20

What are the advantages and disadvantages of pressure groups and their influence on Parliament?

Answer 20

Advantages:
- a wide range of issues are drawn to the attention of Parliament
- pressure may make the government reconsider law on certain areas
+ this can be seen in the Sexual Offences (Amendment) Act 2000, reducing the age of consent for homosexual acts in private to 16
Disadvantages:
- a minority may try to impose their will on the majority
- pressure groups may have conflicting interests
+ when the ban against fox hunting was considered, the League against Cruel Sports wanted it banned but the Countryside Alliance wanted it to continue

Question 21

What are the advantages and disadvantages of the Law Commission’s influence on Parliament?

Answer 21

Advantages:
- law is researched by legal experts
- it consults with experts before finalising proposals
- whole areas of law are considered and consolidated
+ the Fraud Act 2006 is an example
Disadvantages:
- Parliament does not implement all proposals

Question 22

What definition did Dicey give to Parliamentary Supremacy?

Answer 22

• Parliament can legislate on any subject matter
  + an example is Parliament’s legislation on the rule of succession with the Succession to the Crown Act 2013
  + another example are the Parliament Acts 1911 and 1949
• no Parliament can be bound by any previous Parliament, not can a Parliament pass any Act that will bind a later Parliament
  + some laws, such as the Statute of Westminster 1931, which limits the right to make laws in the Commonwealth, would be impractical to repeal
• no other body has the right to override or set aside an Act of Parliament
  + in British Railways Board v Pickin (1974) the British Railways Act 1968 was a Private Act that was challenged of the basis of fraudulent concealment of certain information, depriving Pickin of his land, but the action was struck out because no court is entitled to challenge an Act of Parliament

Question 23

What are the limitations of Parliamentary Supremacy?

Answer 23

• the effect of the Human Rights Act 1998
  + this states that all Acts have to be compatible with the European Convention on Human Rights, and in H v Mental Health Review Tribunal (2001) the Mental Health Act 1983 was declared not compatible with Human Rights
• devolution
  + the Scotland Act 1998 and the Wales Act 1998 have devolved certain powers to Scottish and Welsh parliaments
• EU membership