Law Making: Law Reform

What does Law Reform focus on?

Law Reform focuses on how different stakeholders in society influence changes to the law

What do Political parties publish?

Political parties publish manifestos (a series of promises including potential reforms to law) prior to elections encouraging votes to vote for them so they can form the Government and change the law

What is an example of New Labour manifesto and conservatives manifesto?

1997, New Labour manifesto commitment: ‘Bring Rights Home’ leads to the Human Rights Act 1997

2019 Conservatives Manifesto commitment ‘Get Brexit Done’ leads to European Union (Withdrawal Agreement) Act 2020

What are Private Members Bills?

Can be suggested by Individuals MPs, and with support of Parliament can change the law

David Steele, Abortion Act 1967

Why is it an advantage if the Government has a majority in HOC?

They can pass everything in their manifesto. A majority suggests the Government has popular support

Why is it an advantage if any policies in a manifesto benefit from the Salisbury Convention?

The Lords cannot deny them

Why is it an advantage of the expertise?

• The Gov benefits from the expertise of both houses (Commons and Lords)

• The House of Lords has specific expertise

What is the disadvantage of manifesto?

• Parties do not always stick to their manifesto (Boris Johnson increased tax despite promising not to) this can reduce trust in politics Kings College London 2022 analysis shows only 23% of the British Public have confidence in Parliament

What is the disadvantage of manifestos?

The fact that Governments can use the whip to pass legislation combined with the Parliament Act 1911/49 means the Government does not need to take other views into account leading Lord Halisham to term this an elective dictatorship

Why is it a disadvantage if there is delays in the commons?

Causes problems as the Government can become stuck (Theresa Mays indicative votes)

What is lobbying?

Lobbying is attempting to convince the government, ministers, or individual MPS

What are the forms of lobbying?

Individual meetings, writing messages, producing surverys or petitions to show support

What can lobbying result in?

MPs asking government questions, either privately or in public, or the setting up of an enquiry

It can take many years for change, but sometimes after specific events may lead to a change in the law

What’s an example of lobbying?

The Snow Drop Campaign led to the Cullen Report which led to the Firearms (Amendment) Act 1997 which banned handguns

Why is it an advantage if lobbying is successful?

Action may be taken by government, laws introduces, or public inquiries set up

How can pressure groups become more successful?

As they have greater expertise and influence

Why is it an advantage if MPs are meant to represent the views of their constituents?

They can only do this if they hear from their constituents through lobbying

Why can lobbying be argued to be effective?

MPs are likely to have more success in either lobbying the Government or introducing a private members bill if they can demonstrate widespread support from meetings, letters, etc from the general public

Why is it a disadvantage if Government Ministers may have many requests?

Unable or unwilling to deal with them all

Why is it a disadvantage if lobbying by pressure groups may be unsuccessful?

Unsuccessful or have delayed response

Why is it a disadvantage if Big companies hire professional lobbyists?

Usually ex-politicians, who have greater access to those in power. This undermines the representation argument

What do Pressure groups do?

Campaign to bring a particular issue to Government/Government Departments (often by lobbying) and the publics attention

What are the two types of pressure groups?

Insider (Seen to have such legitimacy by the government, ie British Medical Council)

Outside (not seen to have such legitimacy in government (Extinction Rebellion)

What are sectional groups?

They represent interests of members (The Law Socity/Trade Unions)

What are cause groups?

Cause groups that promote a particular cause (Amnesty International/Green Peace)

What’s an example of a successful campaign?

The campaign of the League Against Cruel Sport led to the Hunting Act 2004

Why is it an advantage if some pressure groups have large memberships?

Large memberships that can exceed those of political parties. These large groups such as charities, the AA or the National Trust can raise an issue of concern to a large number of people

Where has it been seen that pressure groups often raise important issues?

Environmental groups have made the government much more aware of the damage being done to out environment by greenhouse gases, fuels and other pollutants

Why is it an advantage if Pressure groups have experts in their membership?

Can employ experts, to effectively argue their case

Why is it an advantage if there are many pressure groups with different aims and issues to promote?

A wide range of issues can be drawn to the attention of government

Why is it a disadvantage that pressure groups are seeking to impose their ideas on the public or government?

Even where the majority of the public do not support their views E.g when trade unions call a strike action involving a public service, this can cause disruption for the general public who are unlikely to support the cause

Where was it seen that two pressure groups have conflicting interests?

This was seen when the ban against fox hunting was considered. The League against Cruel Sport wanted it banned, but the Countryside Alliance wanted it to be allowed to continue

What does The Media do?

Includes all ways in which information is dispersed to the public (Television,Newspapers,radio,social media)

What can be achieved through the Media?

Can help to bring issues to the Governments attention reflecting public opinion, but can also shape public opinion,

What does the Freedom of the Press mean?

The Freedom of the Press means that it is able to hold the government account by highlighting mistakes

(Party Gate)- Media is especially important during general election campaigns

What are the ways in which media is used?

• Members of the public make their views known by contacting media sources or posting material on social media

• Governments will regularly monitor social media to judge public opinion

• The Government will also sometimes use media focus groups to judge their overall popularity

• Increasingly Politicians are using social media to promote their own view and electoral credentials

What is an example of a successful media campaign?

The Dangerous Dogs Act 1991 (Following a spate of Dog Attacks)

Why is it an advantage if the media can raise awareness of public concern of an issue with government?

For example, damage to the environment. Government may have greater willingness to act on a media campaign if they see it is popular

Why is it an advantage and has been seen that individuals are much more prepared to use social media to raise concerns and voice opinions?

The public can use the media to raise concern about issues and individual incidents. Such as the Dunblane Massacre and more recently terrorist related attacks.

Why is it an advantage if the media can inform and raise public awareness?

Essential to encourage government to form policy, to act and legislate. Government is ultimately responsible to the electorate and especially before an election they will fear losing public support if they are not seen to be responding to an issue of public concern

Why is it a disadvantage if radio and television channels do not remain politically neutral?

While radio and television channels are required to remain politically neutral, this is not the case with newspapers, which may be willing to promote inaccurate individual views and campaigns, and may not have wide public support. Some newspapers give support to a specific political party and regularly promote their views

Why is it a disadvantage if Newspapers are commercial businesses?

Newspapers are commercial businesses and may be prepared to sensationalise an issue to expand their readership. This can be seen as parts of the media manipulating the news and creating public opinion.

Why is it a disadvantage if there is no regulation on the expression of views on social media?

There is no regulation on the expression of views on social media. Any views expressed may be inaccurate or have limited public support.

Even if an issue appears to have wide public support, there is no guarantee that government will act on it.

What did Lord Justice Leverson comment within the Leverson report?

‘The political parties have had or [have] developed too close a relationship with the press in a way which has not been in the public interest.’

What did The Media Reform Coalitions 2023 report highlight about three companies?

‘Just three companies – DMG Media, News UK and Reach – Dominate 90% of the UK’s national newspaper market.’

What did Research by Kings College London discover?

found that only 13% of people have confidence in the press.