Parliamentary Law Making Flashcards
(33 cards)
House of Commons
Elected every five years ish, 650 seats. Need to get 326 to have a
Majority gov in charge.
How is the HoL structured
Non elected, before 1999 there were 1.1k members who 750 were hereditary, rest were life peers, judges n bishops. 1999 labour gov decided there should be some nominated members such as life peers and some elected, and that being given a title through lineage shouldn’t automatically allow that person to make law. Currently (although was meant to be temporary) there are 92 hereditary peers, 700 life peers and 26 most senior bishops of Church of England. Judges removed as they are separate from parliament
What’s a green paper
A green paper is a consultative document put forward by a minister with responsiblity for that matter (ie health or education). It is a proposal for a law reform. Interested parties are I invited to send comments to the relevant gov department so a consideration of all sides can be made and changes made to the proposals.
What’s a white paper
A document issued by the gov stating their decisions on how they’re proposing to reform the law.
I.e Supreme Court decides in jan 2017 that parliament had to be consulted on Brexit. The issued a white paper before a bill was put before parliament which laid out twelve principles, including taking control of own laws
How is an act introduced to parliament
Via a Bill, drafted using correct legal wording and is comprehensive.
What’s a private member bill
A bill introduced by an MP from any polictical party. Relatively few become law but some have, ie abortion act 1967 allowing abortions, as well as the 1994 marriage act allowing marriages in not only registry offices and churches. There are two ways a private MP can introduce a bill:
By a ballot (20 priv members are selected who can take their turn in presenting their bills. Usually only debates on Fridays and usually only get through about 6/7)
Ten minute rule: make up a speech under ten minutes supporting the introduction of this legislation. House of Lords can also introduce priv members bills (ie household waste recycling act 2003)
What’s a gov bill
Introduced by gov , ie Crim justice and courts act 2015
What’s a public bill
Involves matters of general policy and affects the public, ie Legal aid, sentencing and punishment act 2012
What’s a private bill
Affects particular place or organisation ie faversham oyster fishery company bill 2016 (affects way company is run)
What’s a hybrid bill
Introduced by gov but affects organisation, person or place, ie Crossrail acts
House of Lords role on lawmaking
Check on House of Commons, bills can start here(except finance bills which must start in HoC) but power limited by 1911 and 1949 acts which allow a bill to become law even if rejected by HoL as long as it becomes law in a year. Has been used four times:
War crimes act 1991
European parliamentary elections act 1999
Sexual offences (amendment) act 2000
Hunting act 2004
What is the parliamentary process on law making
Bill is drafted First reading Second reading Committee stage Report stage Third reading Same procedures in other house Royal assent
What’s the first reading
A formal procedure where the name of the bill is read aloud
What is the second reading
Main debate. If you want to speak you must catch the speaker’s eye. No one may speak without speakers permission. At end of debate, a vote takes places, usually verbal. ‘Aye’ or ‘No’. If it’s a no then the bill doesn’t progress further, if it’s an aye then it passed through to the committee stage. If the speaker can’t tell then there are doors they walk through to cast their vote, and are then counted by two tellers ( one on each door)
Committee stage
Detailed examination of each clause undertaken by a committee of about 16-50 MPs. Done by a standing committee chosen specifically for that Bill. The government will have a majority and opposition and minority parties are represented proportional to number of seats they have in the HoC. MPs nominated for each standing committee will usually be those with a special interest or knowledge on subject. Finance bills the whole HoC will sit in committee
Report stage
Amendments to various clauses in the Bill may have been voted on and passed, therefore this stage is reporting to the house about changes, and will be debated further(if no amendments, it goes straight to third reading) it has been described as ‘ A USEFUL SAFEGUARD AGAINST A SMALL COMMITTEE AMENDING A BILL AGAINST THE WISHES OF THE HOUSE, AND A NECESSARY OPPURTUNITY FOR SECOND THOUGHTS’
Third reading
Final vote on bill, will only be further debate if at least six MPs request it as it’s unlikely to fail at this point
Taking a bill to the other house
Goes through same stages. If the other house makes changes, it goes back to the original house where new debate happens. This can go back and forth via ‘ping pong’
Royal assent
When monarch formally gives approval. Under royal assent act 1967, monarch isn’t given text of bill she’s assenting, only the short title. Last time a monarch refused royal assent was 1707 when Queen Anne refused assent to the Scottish milita bill
When does an act of parliament commence
Midnight of that day unless another date has been set. The act itself states the date when it will commence or passes responsibility on appropriate minister to fix the date, who will later bring the Act into force by issuing a commencement order. Sometimes it may never become law (Easter act 1928, to fix Easter date never came into force)
Advantages of parliamentary law making
Made by elected reps: democratic
Election ever five years so gov can be voted out if haven’t performed well.
Parliament can reform all areas of law with one act (ie fraud act 2006, abolished all old offences and created a newer and simpler structure of offences)
Can set broad policies and give power to others (delegated legislation) allows greater detail on law
Has to be consultation before bill presented and allows objections to be considered
What are the disadvantages of parliamentary law making
Parliament doesn’t always have time to deal with all reforms (ie law commission proposed changes to law on offences on person in 93 as law from 1861 was too complex. Draft bill published 98 but still not been reformed)
Can take ages
Not much time for priv members bills
Acts can be long and complex
What is the political influence on parliament
They want votes so likely to do as supporters want= plans outlined in a manifesto
Advantages: law making process efficient as gov has parliament majority
Dis= could repeal or alter old laws due to different policies, can be costly and criticised. Gov may have small majority and might restrict what may be passed
Political influence via media or public opinion
Government may bow to keep public happy and therefore get votes (more likely to happen towards another election)
Adv= may help law for good (1996 dunblane massacare where 16 kids and teacher killed led to banning priv ownership of most handguns)
Free press= free to criticise parliament (ie 2009 MPs expenses claims, caused outrage at systems of MPs expenses and parliament had to reform)
Dis= May respond too quickly to appease without thinking things through (knee jerk) is dangerous dogs act 1991 has led to many disputed cases in court
Media could manipulate news to create public opinion
