legeslative process Flashcards

booklet 4

1
Q

what is the Parliamentary Legislative Process 7 steps in order

A

first reading
second reading
committee stage
report stage
third reading
opposite house
royal assent

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2
Q

what happens in the first reading

A

The title of the bill is read out in either the House of Commons or the House of Lords to introduce it.

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3
Q

what happens in the second reading

A

The House will debate the bill and then hold a vote

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4
Q

what happens in the committee stage

A

The bill will be examined in detail, line-by-line, by a smaller committee of 16-50 MP’s
They are usually experts on the topic and will look to make amendments or remove parts

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5
Q

what happens in the report stage

A

The changes made by the Committee are reported back to the House – this is not needed if no changes are made

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6
Q

what happens in the third reading

A

The final debate on the bill and the final vote in that House

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7
Q

what happens in the opposite house

A

If the bill started in the House of Commons, it will now be passed to the House of Lords to repeat stages 1-5 (and vice versa)
Once complete, the bill will be passed between the Commons and Lords until they both agree on a final version – this is called ‘Parliamentary Ping-Pong’
Since the Parliament Acts 1911 and 1949, the House of Lords can no longer refuse a law – they can only delay it for one year, after which time the Commons can pass it without their approval

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8
Q

what happens during the royal assent

A

The monarch signs off on the bill and it becomes a law. This is a formality and has not been refused since 1707.

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9
Q

when does the bill become a law after this w/ e.g

A

on midnight of that day, unless another date has been set. Sometimes a law – or some parts of it – will state that the Government Minister will decide when it comes into force. This can mean the law actually never comes into force.
This happened with the Easter Day Act 1928 which intended to set the date of Easter Day – which was passed but has still not come into force (and likely won’t ever do so)

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10
Q

what are the four advantages of parliamentary law making?

A

1) democratic process
2)reform full areas of the law
3)consultation on changes with related parties
4)allows details to be added in later

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11
Q

democratic process dev w/ e.g

A

MP’s are elected by the people and are accountable to them if they do not do as the public wish. For example, in 2010 the Liberal Democrats promised to lower tuition fees at university – when they actually raised them, they lost votes at the next election. There are also opportunities for public involvement at the green paper stage, or through the influences.

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12
Q

reform full areas of the law dev w/ e.g

A

Some areas of law cover wide topics and many different elements of an area of law. The Parliamentary Law-Making process allows all these areas to be changed together to give a fresh start. This was seen with the Criminal Justice Act 2003, which affected various different parts of criminal law.

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13
Q

consultation on changes with related parties w/ e.g

A

Both the Green Paper stage and during the Committee Stage there is consultation with experts and interested parties. For example, a green paper about Children’s Mental Health in 2017 attracted feedback from schools, parents and medical professionals. MP’s and peers can also consult and bring up points during debates.

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14
Q

allows details to be added in later dev w/ e.g

A

To make laws future proof it is important to make sure that minor details can be amended later on without needing to repeat the whole process – this can happen through delegated legislation. For example, the Dangerous Dogs Act 1991 allows more breeds of dog to be added to the banned list if necessary.

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15
Q

what are the four disadvantages of parliamentary law making

A

1)long process
2)gov control
3)lack of time
4)complexity

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16
Q

long process dev w/ e.g going against

A

Due to the various different stages and also the requirement for both houses to agree, some laws can take years to get passed – and most take months. Sometimes, by the time it becomes law, the issue is no longer an issue. Although some legislation can be fast-tracked – such as with the Coronavirus laws in 2020 – this often makes the law flawed and rushed or after 9/11 froze all bank accounts of taliban members and suspects

16
Q

governments control w/ e.g - not specific

A

The government have too much control over which laws are introduced and the timetabling about when they can be debated. This can mean some areas go ignored if they are not on their agenda. For example, the current Conservative government are prioritizing certain policies – but this means that issues other parties would prioritise, such as the environment, may be left until last.

17
Q

complexity dev w/ e.g

A

Some areas of law are very complex and need much more involvement from experts on those areas – e.g. complex tax laws or medical laws. MP’s and peers may not be knowledgeable enough to make these laws.

17
Q

lack of time w/ e.g - not fully specific

A

Despite it being a long process to change laws in Parliament due to the different stages, some stages are given limited times and sometimes debates are cut short when more time is needed. For example, when there are pressing matters such as Brexit or Coronavirus, often less urgent bills will have their debates cut short.