2.A Parliamentary Law Making

Question 1

What are the 5 influences on Parliament

Answer 1

Political Influences
PUblic opinion/ media
Pressure groups
Lobbyists
The Law Commision

Question 2

Explain the influence of political parties

Answer 2

Parties publish a manifesto setting out their ideas/ aims and these can influence the law that gets made if they are voted in

Question 3

Explain the influence of Public opinion/ media

Answer 3

When there’s a strong public opinion, gov may have to make laws to deal with it. Example- Dangerous Dogs Act 1991 in response to public outcry about kids being injured by dogs
Media can get attention of public and influence P to

Question 4

Explain the influence of Pressure groups

Answer 4

Sectional pressure groups represent a particular group/ section of society and their interests eg. Law society, British medical association
Cause pressure groups focus more on specific causes eg League of Cruel Sports was against Fox hunting and their activities led to the Hunting Act 2004 banning this

Question 5

Explain the influence of Lobbyists

Answer 5

Lobbyists try get individual MP’s to support a cause or ask a question in the HoC

Question 6

Explain the influence of The Law Commision

Answer 6

Group of independent legal experts who find problems with the law, conduct research on how to fix these problems then propose reforms to P.
Eg, Consumer Rights Act 2015 implemented many of the changed the LC suggested

Question 7

Describe the Parliamentary Law Making Process

Answer 7

Begins with a bill. Initialy a green paper; this is a consultation phase which sets out general aims/ invites responses.
Turns into white paper- firm proposal for law

1. First reading- title of Bill read to the house
2. 2nd reading- minister introducing bill explains the purpose, then debate/ vote taken
3. if vote passes, ‘committee stage’- HOC 16-50 MPs examine each clause and think of any problems
4. Report stage- committee report back to house with any suggested amendments- debated then final vote

Bill sent to 2nd house, process repeated- in Hoc the whole house is the committee
Any amendments, passed back to OG house for further changes- ‘ping-pong’

Queen gives Royal assent- only sees title. Bill turns into Act

Question 8

What are the 4 advantages of using Acts of Parliament/ PLM

Answer 8

P has vast resources so it can consult/ take advice
Can change whole areas of law at once
Made democratically
Must be checked by 3 groups

Question 9

PLM Pro: P has vast resources which enables it to consult/ take advice before making law

Answer 9

P will consult with many interested parties, experts or arrange national polls to gauge public opinion

Eg; When considering extending drinking hours in pubs, consulted police landlords, alcoholics anonymous to obtain diff views/ be aware of consequences

P has more information to make good laws which few others would be able to gather

However lengthy process- don’t get made for long time

Question 10

PLM Pro: Can change whole areas of law at once

Answer 10

Due to P supremacy, can amend, make, repeal any laws unlike judges

Eg; before 2006, many different acts dealing w/ freud making law confusing/ complex. 2006 P passed the Freud act which updated/ simplified the Act

Means law can update/ solve problems quickly

P don’t have time to handle all areas of law due to other responsibilities so things don’t get changed

Question 11

PLM Pro: Made democratically

Answer 11

650 Mps in Hoc are elected, if voting public aren’t happy with laws made by P, won’t vote them back into power

Poll tax, brough in by conservative gov 1990, so unpopular it brought about the resignation of PM Margret Thatcher

If laws reflect what maj want, more likely to be obeyed so democratic process should result in effective laws

By trying to please everyone, P may make complex acts making it hard to apply and ineffective

Question 12

PLM Pro: Bills must be checked by 3 groups

Answer 12

Process behind making Acts involved HoC, HoL, Monarch

eg. When HoL tried ti oppose the Hunting Bill, Hoc still pushed it through

Means public opinion will be reflected and any problems should be picked up at some point

Goes against separation of powers- Gov have large control over law making, both executive and legislature

Question 13

What are the 4 disadvantages of PLM/ using acts of Parliament

Answer 13

Lengthy process
Don’t have time to make laws about everything
Acts can be complex
Goes against separation of powers

Question 14

PLM con: Lengthy process

Answer 14

Various stages from green paper to royal assent with several debated/ potential of ping ping

eg. Many Bills haven’t become Acts as P has run out of time- especially w/ Private bills

Law won’t update quickly, situations aren’t coherent by law for long time

Rigerous process means laws will be better as they’ve been debated and discussed with several interested parties

Question 15

PLM con: Don’t have time to make laws about everything

Answer 15

P has many functions from dealing with terrorist attacks to Brexit- less urgent matters not handled for a long time

Eg. 1993 Law commission recommended important changed to the 1861 OAPA but despite being acknowledges by lawyers that the law needs reforming, P still not made any changes

Problems with law may not be solved at all, judges need to step in

Matters P deal with are of great importance, makes sense that a democratically elected body prioritise important decisions for society

Question 16

PLM con: Acts can be complex

Answer 16

P has to deal with issues which have far reaching effects, need to try cover lots of potential situations

Eg. Health and Safety at work act aims to protect workers in modern offices/ old factories though the issues may be v different

Acts are long and very wordy, hard to apply, reduces usefulness unless judges interpret it effectively

Can reform whole areas of law at once, which can solve several problems quicker

Question 17

PLM con: Goes against separation of powers and gives Gov too much control

Answer 17

Gov are part of Hoc, so both executive and legislature

eg. 2016-17 25/28 Public bills were given royal assent, 8/163 private member bills

Gov has high influence on laws made compared to the rest of P, even though they’re not meant to be responsible for law making

Gov democratically elected so they should have more say that Hol/Monarch

Question 18

Advantage of Political influences on Parliament

Answer 18

Manifestos make it easy to know what laws each party, meaning public will know what is likely to happen in society. Also Gov majority makes it easy to pass bills

Question 19

Disadvantage of Political Influences on Parliament

Answer 19

Small majorities and coalitions won’t be able to pass laws too freely
eg. Conservative and Lib dem coalition 2010
New gov may undo old work of government sos laws can change drastically

Question 20

Advantage of Public Opinion influences on P?

Answer 20

Makes it easy to know which matters are actually important to society
eg. MP expense scandal was met with public outrage and P could see something needed to be done

Question 21

Disadvantage of Public opinion influencing parliament

Answer 21

P May respond too quick to stop public outcry and make bad/ rushed law
eg. Dangerous Dogs act was made hurriedly and ended up being very ineffective
Media may manipulate public opinion to push for law that suits medias agenda

Question 22

Advantage of pressure groups influence on Parliament

Answer 22

Can be very large and raise lots of awareness for important cases, and represent the interests of important groups eg BMA

Question 23

Disadvantage of Pressure groups influence on parliament

Answer 23

Groups may only represent a minority of society, but pressuring P to impose their ideas on majority who don’t want it.
May be 2 opposing groups for the same cause eg pressure groups surrounding the Hunting Act 2004 which makes it impossible for P to figure out laws to make to appease everyone

Question 24

Advantage of lobbyist influence on Parliament

Answer 24

Can help ensure public policy is made and public money is spent in ways which serve the public interest.
eg, lobbying for environmental groups/ the media led to charging 5p for every plastic bag, reducing plastic waste
Anyone can be a lobbyist and get the attention of parliament

Question 25

Disadvantage of Lobbyist influence on Parliament

Answer 25

Lead to bribery of MPS tp all particular questions/ support particular ideas and undermines legitimacy of the law making process
eg David cameron lobbied to give a big cover contract to a company owned by a friend