Week Five

Question 1

What is primary legislation?

Answer 1

Laws passed directly by Parliament.

Question 2

What is the process for passing an Act of Parliament?

Answer 2

It involves readings, debates, and approval by both the House of Commons and the House of Lords, and is enacted with the Royal Assent.

Question 3

What are the different types of bills?

Answer 3

Public

Private

Hybrid

Question 4

What is a public bill?

Answer 4

A Bill introduced by the executive (Government), scrutinized and enacted by Parliament.

Question 5

What is a Private Members’ Bill?

Answer 5

A Bill introduced by MPs or Lords who are not government ministers.

Question 6

What is a Private Bill?

Answer 6

A Bill that changes the law as it applies to specific individuals or organizations.

Question 7

Can you give an example of a Private Bill?

Answer 7

Highgate Cemetery Bill

Question 8

What is a Hybrid Bill?

Answer 8

A Bill that affects the general public but significantly impacts specific individuals or groups.

Question 9

Can you give an example of a Hybrid Bill?

Answer 9

High-Speed Rail Bills.

Question 10

What is the difference between a Bill and an Act?

Answer 10

A Bill is proposed legislation (not yet in force), while an Act is enacted legislation (in force).

Question 11

What are the main steps in the legislative process?

Answer 11

First Reading

Second Reading

Committee Stage

Report Stage

Third Reading

Question 12

What happens during the First Reading of a Bill?

Answer 12

The Bill is formally introduced to Parliament; no debate occurs.

Question 13

What occurs during the Second Reading of a Bill?

Answer 13

A general debate in the main chamber on the Bill.

Question 14

What is the Committee Stage in the legislative process?

Answer 14

Detailed scrutiny and debate on Bill provisions in a Public Bill Committee, where amendments may be made.

Question 15

What characterizes the Report Stage of a Bill?

Answer 15

Further amendments can be tabled in the main chamber, with less scrutiny compared to the Committee stage.

Question 16

What happens during the Third Reading of a Bill?

Answer 16

A short general debate on the whole of the Bill; if approved, it is sent to the other House.

Question 17

What is the legislative process in the House of Lords?

Answer 17

It usually follows the same process as in the House of Commons, with amendments considered by both Houses.

Question 18

What is “Ping-Pong” in the legislative process?

Answer 18

It refers to the Bill going back and forth between the Houses if there is disagreement.

Question 19

What is the Parliament Acts Mechanism?

Answer 19

It allows the House of Commons to bypass the House of Lords’ consent.

Question 20

What is the Royal Assent?

Answer 20

The final stage before a Bill becomes an Act of Parliament and can be enforced

Question 21

What is fast-track legislation?

Answer 21

A process where the typical legislative process is expedited for urgent issues.

Question 22

Can you give an example of fast-track legislation?

Answer 22

The Coronavirus Act 2020.

Question 23

Why is fast-track legislation used?

Answer 23

It is used for urgent issues, with justifications explained in the explanatory notes to the Bill.

Question 24

What is delegated legislation?

Answer 24

Law created by ministers or other bodies under powers granted by an Act of Parliament (primary legislation).

Question 25

Why is delegated legislation necessary?

Answer 25

Parliament lacks the time, resources, and expertise to regulate all aspects of the Government’s work, so enabling Acts delegate legislative powers to the executive branch.

Question 26

What are the functions of delegated legislation?

Answer 26

To fill in details of primary legislation, provide practical measures for law enforcement and operation in daily life, and set dates for Act provisions to become law or amend existing laws.

Question 27

Why is the volume of legislation a reason for delegated legislation?

Answer 27

Governmental tasks are complex and require a large volume of legislation, which Parliament lacks the time and capacity to enact.

Question 28

Why is delegated legislation considered inevitable?

Answer 28

It is essential for the functioning of government due to the scale and complexity of responsibilities, without which both Parliament and Government would cease to function effectively.

Question 29

What are the advantages of delegated legislation?

Answer 29

It is efficient, quicker than primary legislation, allows for expertise from ministers, and is flexible and easily adaptable to changing circumstances.

Question 30

What are the risks of delegated legislation?

Answer 30

There is a lack of Parliamentary scrutiny, potential for laws to pass with minimal oversight, and a risk of misuse, such as through Henry VIII clauses.

Question 31

What are Henry VIII Clauses?

Answer 31

Clauses that allow ministers to amend or repeal provisions in primary legislation without full parliamentary process.

Question 32

What is the main concern with Henry VIII Powers?

Answer 32

Balancing the efficiency of law-making with the risks of reduced scrutiny and potential overreach.

Question 33

How do Henry VIII Powers challenge the separation of powers?

Answer 33

Executive legislating can challenge the separation of powers, though it is often justified by practical constraints.

Question 34

What is the scope of Henry VIII Powers?

Answer 34

They can range from modest amendments to broad legislative powers, such as those under the Civil Contingencies Act 2004.

Question 35

What are Statutory Instruments (SIs)?

Answer 35

The most common form of delegated legislation, including orders, rules, regulations, or other subordinate legislation.

Question 36

What is the procedure for making SIs?

Answer 36

The power to make SIs is set in an Act of Parliament, usually for a Minister, who makes law on matters identified in the Act using prescribed parliamentary procedures.

Question 37

What are the types of parliamentary procedures for SIs?

Answer 37

Negative Resolution (SI becomes effective unless annulled within a set period) and Affirmative Resolution (requires approval by both Houses).

Question 38

What is the role of the Joint Committee on Statutory Instruments?

Answer 38

It conducts technical scrutiny of SIs.

Question 39

How can courts scrutinize SIs?

Answer 39

Courts can declare delegated legislation invalid if it is ultra vires (exceeds granted powers), but they cannot invalidate primary legislation (Acts).