Unit 1: Parliamentary Law Making Flashcards
What is a Democracy?
Democracy is the people say. It exists by allowing people to participate in general elections, where they vote for someone who will represent their best interests.
Part of having democracy is that laws are made by elected representatives.
What is Parliament made of?
House of Commons, House of Lords & Crown.
Facts about House of Commons
- Represent people that voted.
- 620 member who are elected (general election)
- Consider and propose new laws.
- Ask questions about current issues.
Facts about House of Lords
- They are appointed, not elected.
- Review and amend bills that have been passed.
- Check what House of Commons are doing.
- 96 born to sit there (Dad’s a Duke)
- 26 Bishops from Church of England
Facts about Crown (in regards to Parliament)
- The monarchy.
- Represents the country, England and Wales.
- Queen signs the laws.
- Queen opens and closes parliament.
- Queen dissolves Parliament.
What is the biggest influence on Parliament and why?
The Political Party with the majority in the House of Commons, because they write the agenda of what’s to be discussed.
When was Law Commission established?
Law Commission was established in 1965
By what is the Law Commission established (the Act)?
Law Commissions Act 1965
How many Commissioners are there in the Law Commission?
5 commissioners, each specialising in a certain area.
Factors which decide what parts of law the Law Commission should look at?
Areas of law which need to be reformed.
- If it has been referred by the Lord Chancellor.
- If it has been selected by Law Commission (with Government approval).
What does the Law Commission concentrate on?
Pure Law/Lawyer’s Law - as they try to make the Lawyer’s life’s easier.
What’s the process of Law Commission on matters of interest?
- Chair is judge from Senior Court.
- Describes current law.
- Sets out the problems.
- Looks at options for reform (Commission will draw proposals, often includes draft bill).
Law Commissioners: Who’s Chair of the Law Commission?
Name: David Bean
Other jobs: Judge of High Court
Appointed 1st August 2015
Law Commissioners: Who’s in-charge of Criminal Law?
Name: Professor David Ormerod QC
Other jobs: Professor of Criminal Justice at University College London and a practising barrister and bencher at Middle Temple.
Appointed 1st September 2010
Law Commissioners: Who’s in-charge of Commercial & Common Law?
Name: Stephen Lewis
Other jobs: Consultant at Clyde and Co
Appointed 1st January 2015
Law Commissioners: Who’s in-charge of Public Law?
Name: Nicholas Paines QC
Other jobs: Deputy High Court Judge in the Administrative Court, Deputy Judge of the Upper Tribunal (Administrative Appeals Chamber), First-tier Tribunal (Tax Chamber) & Recorder in Crown Court.
Appointed 18th November 2013
Law Commissioners: Who’s in-charge of Property, Family and Trust Law?
Name: Professor Nicholas Hopkins
Other jobs: Professor of Law at the University of Reading
Appointed 1st October 2015
What is the Law Commission currently working on?
- Misconduct in Public Office
- Breaches of Protected Government Data.
- Charity Law.
(There’s others, these are just 3 examples)
What is codification? (Law Commission)
Codification is bringing all bits of certain law together so they aren’t scattered.
Examples of codification? (Law Commission)
E.g. Fraud Act
E.g. Consumer Rights Act 2015.
(There’s others too)
What is repeal? (Law Commission)
This is looking through old laws to get rid of them.
By 2014 over 3,000 old and out-of-date Acts had been repealed.
Advantages of Law Commission?
- Areas of law are researched by legal experts.
- Independent body. Can review law that’s not on Government’s agenda.
- Less delay in introducing the bill in parliament, as it’s already drafted.
- The law is one act, rather than being scattered around. Easier to follow.
Disadvantages of Law Commission?
- One third of its recommendations are not implemented. Often end up at the bottom of pile
- Lack of power. Government is not obliged to consult Law Commission.
- Government is slow to enact reforms
- Government might not enact reforms at all – Offences Against the Person 1993, 1998, 2015
What is Media and what are some examples?
A method of communication, reaching large number of people e.g. TV, Radio, Internet, Social Media, Newspapers and Magazines.
How can media influence Parliament?
- Campaigns
- Regular articles or features
- Specific events
When can the media influence Parliament?
- After an event e.g. Hillsborough
- As part of a regular campaign e.g. Immigration and EU member ship.
What are the two outcomes the Media can have?
- No changes in law - they get ignored.
- Eventually change the law.
Media & Campaigns - Example: MP Expenses
In 2009 MPs got sacked, resigned and some got de-selected. The daily mail paid £110,000 to obtain records of how MPs spent the finances issued by the Government, where it was excessively misused.
Media & Campaigns - Example: Immigration
a
Media & Campaigns - Example: EU Membership
Brexit
Media & Campaigns - Example: Hillsborough
a
Media & Campaigns - Example: Dangerous Dogs
- Established in 1991 (after number of attacks by dogs)
- It made it illegal to have certain dog breads, e.g. Pitbull’s
- Media got behind to ban dogs of certain bread, where then the Government acted upon it.
Media & Campaigns - Example: Sarah’s Law
Sexual offence invention (when young girl got sexually assaulted).
- You can get info about offenders by filling out a form, otherwise known as an inquiry.
- You can trigger an investigation if you file an inquiry.
- Police forces process inquiries, however it’s very rare that information would be released.
Media & Campaigns - Example: Dunblane (SNOWDROP CAMPAIGN)
- Thomas Hamilton killed 16 children in Dunblane Primary school using a firearm.
- Event occurred in 1996.
- Massive campaign was launched, where by it was successful.
- Passed into law in 1997, banning the use of firearms.
Advantages of the Media as an influence on Parliament
- Media raises government awareness of certain matters, helps inform public concerns.
- Helps campaigns on serious law that needs to be introduced/reformed e.g. Snowdrop campaign
- Puts pressure on Government to make legislative reforms. This creates fear in them loosing public support.
- Can support pressure groups.
Disadvantages of the Media as an influence on Parliament
- Creating a panic, causing a ‘knee jerk’ legislation.
- Newspapers businesses to make profit. Publish material that will sell can and do sensationalise and manipulate news to sell more copies.
- Ownership of the media source and possible bias. Projects views of its owners. Rupert Murdoch’s strong opposition to EU can be politically biased influencing people’s perspective to own.
- May represent a small percentage of the population.
- May not be able to effectively influence parliament.
What is a Pressure Group?
APressure Groupis an organised group that seeks to influence and change government policy or legislation.
They are also described as ‘interest groups’, ‘lobby groups’ or ‘protest groups’.
Two types of Pressure Group categories?
- Sectional
- Casual
What is a Sectional Pressure Group?
-Represent a section of society e.g workers, consumers
-They are concerned with protecting / advancing the interests of their members
-Their membership is limited to people in a particular occupation, career or religion
-Members are motivated by material self-interest
EG: BMA, Law Society, NUT
What is a Casual Pressure Group?
-Groups that are based on shared attitudes or values
-They seek to advance particular ideals or principles
-Cause can be about anything eg: charity activities, education, the environment, human rights, international development and peace.
-Membership is open to all
-Members are motivated by moral or altruistic concerns
EG: Amnesty International,Shelter, Father’s 4 Justice, Snowdrop, Greenpeace, NT
Who do Pressure Groups influence?
- Work directly with MPs / Government through personal connections / shared interests / power base
- The General Public through campaigns (requires support of the media
When can Pressure Groups be effective?
-When a particular issue is being dealt with by Parliament / is in the news
How do Pressure Groups work?
- Lobbying (meeting with MPs in the lobby of Parliament).
- Direct Action e.g. Strikes
- Public Stunts e.g. High profile / funny stunts designed to capture attention
- Public Campaigns e.g. Snowdrop campaign to ban handguns post Dunblane
What effect can pressure groups have: NSPCC
- Insider group
- Against children cruelty and abuse.
- Heavily advertised by Media.
What effect can pressure groups have: BMA
- Insider Group
- Sectional
- Offers grants for people studying to become doctors who have financial struggles.
- Influences Government on health legislation.
- Changed legislation in-regards to smoking.
What effect can pressure groups have: Animal Liberation Front
- Outsider group
- Casual
- Stand for animal rights.
- Throw blood on people.
- No appointed leader.
- Illegal action (smashing up stuff, releasing animals).
What effect can pressure groups have: We Are Father4Justice
- Outsider group
- Casual
- Climbed on Buckingham Palace wearing superhero costumes.
- More rights for fathers.
What effect can pressure groups have: Snowdrop Campaign
- Outsider group.
- Casual
- Make firearms illegal in UK.
- 16 Students murdered, 1 teacher.
- Happened in Scotland.
- Received 50,000 signatures in a petition.
What effect can pressure groups have: National Trust
- Insider group.
- Casual
- 4.2 million members.
- Protects historical things.
What effect can pressure groups have: Amnesty International
- Insider group.
- Casual.
- 7 million members.
- Biggest group internationally.
- Protecting Human Rights.
What effect can pressure groups have: Greenpeace
- Insider/Outsider (they switch).
- Aims to protect environment.
- Seeks changes in environment.
What are Insider Groups?
- These groups have a way into Parliament
- May be consulted by Parliament / Law Commission when drafting new laws in that area
- Degree of consultation varies depending on which political party is in power
What are Outsider Groups?
- Rely on raising their issue through the media
- Have no direct line to MPs / Government
- Not usually consulted directly when new law is being proposed
Advantages of Pressure Groups as an Influence on Parliament
- Can raise public awareness of issue and keep. Parliament/MPs in touch with public’s concerns
- Many are non-political but can influence all political parties
- Have expertise on their issue
- Larger groups are more representative of the general public and be more influential as they will have large budgets and be able to afford media campaigns
- Likely to be successful if they have media support.
Disadvantages of the Media as an Influence on Parliament
- Not likely to be objective and only argue one side
- Outsider groups can use undesirable/illegal tactics to get publicity and to promote their view
- Can represent small number of members and have limited funds
- Outsider groups unlikely to be consulted or influence decision makers
- Unlikely to be successful if no media support for their issue.
What does Parliamentary Supremacy mean?
- Parliament is supreme
- All law comes from Parliament (they can give the power to someone else).
- Nobody else can make a law that is more important than a law that comes from Parliament.
3 Principles of Parliamentary Supremacy (Written by Dicey)
- Parliament can legislate on any subject matter
- No parliament can be bound by a previous Parliament, nor can any Parliament pass any Act that will bind a later Parliament.
- No other body has a right to override or set aside an Act of Parliament
Limitations on Parliamentary Supremacy
There are some things that limit Parliament’s powers. E.g. Membership of European Union.
What is Green Paper?
- Consultation Document
- Sent to interested parties
- Responses may be, but don’t have to be, acted upon
What is White Paper?
- Issued after consultation and includes any changes made (after Green paper).
- Firm proposals for New Law
- Often includes draft Bill
What is a Public Bill?
- Involve matters of public policy and affect the general public.
- Most Government Bills fall into this category
Eg – have a look at what Parliament is doing at the moment
What is a Private Members Bill - How can it be introduced?
Ballot – each Parliamentary session allows 20 members to take turns to present a Bill to Parliament. As this opportunity usually only happens on a Friday, realistically, only 6 or 7 members have a chance to introduce a Bill.
10 minute Rule – MPs can make a speech of up to 10 mins supporting new legislation. Rarely successful unless no opposition. EG: Marriage Act 1994
What is a Hybrid Bill?
Cross between Public Bills and Private Bills
Introduced by Government but only affects particular organisation, person or place
E.g. Crossrail Act 2008. allows for construction of underground rail links in London, affecting people in that area.
Parliamentary Process
(1) Bill Drafted
(2) First Reading
(3) Second Reading
(4) Committee Stage
(5) Report Stage
(6) Third Reading
(7) Other house (same procedure)
(8) Royal Assent
Parliamentary Process: First Reading
After the bill has been drafted it has its First Reading.
This is where the title of the bill is read out in Parliament so that everyone knows about it.
Parliamentary Process: Second Reading
This is where the bill is explained in detail.
Members of Parliament debate their reasons why they might agree or disagree with it.
They then vote on it and the vote decides if it passes to the next stage.
Parliamentary Process: Committee Stage
A small group of Members look at the bill in detail and suggest changes.
Parliamentary Process: Report Stage
The committee reports on the changes they have made to the whole House.
Parliamentary Process: Third Reading
The bill is read for a third time now that changes have been made. The House votes on whether they still want it to become a law.
Parliamentary Process: Other house (same procedure)
The bill passes to the other House and it goes through all of these stages again. The other House may make changes and pass it back to the first House. Both Houses must agree on the changes so it can pass back and forth for up to a year.
Parliamentary Process: Royal Assent
The Queen is Head of State and must agree to the bill. This is the final stage. The bill then becomes an Act of Parliament.
What is the ping-pong effect?
When legislation is passed from one House to the other
It can keep going to-and-fro until both Houses are happy with the Bill
Eventually, one side gives up! (usually Lords)
Parliament Acts 1911 / 1949
House of Lords is unelected
Its power to stop / change laws has been limited for democracy’s sake
If they do reject a Bill, it could still become law provided it is reintroduced to HOC in the next session of Parliament. Effectively this means HOL can only delay law by a year.
There have only been 4 occasions where this procedure has been used to by-pass HOL:
Parliament Acts 1911 / 1949 Examples of By-Pass
War crimes Act 1991
EU Parliamentary elections 1999
Sexual offences amendment Act 2000
Hunting Act 2004
Advantages of the legislative process
- it is an open and democratic process
- there is a thorough discussion/scrutiny of proposals, amendments can be made and law can be made after detailed inquiry / Law Commission report
- law can give effect to election manifesto commitments
- there is supremacy of Parliamentary law over other forms of law-making
Disadvantages of legislative process
- there may be delay in dealing with issues
- the law may be affected by politics rather than genuine issues
- non-democratic issues, particularly House of Lords / Crown
- laws are written in complex language and there is often piecemeal development of laws
- there may have to be a compromise in the process between Commons and Lords to ensure law is passed
