Parliamentary Law Making

Green and White Papers

Definition (AO1)

• Consultation documants produced by Government departments

• Green Papers gather feedback on changes to policy

• White Papers outlin legislative proposals or draft Bills.

Green Papers

Definition (AO1)

• A broad proposal for a new law

• Consultation document produced by Parliament

• Aim is to allow people both inside and outside Parliament to feedback on its policy or legislative proposals.

• Govenment departments publish Green Papers (e.g. Department fo Transport for changes to public transport, road networks etc.)

• When there is a proposal for policy changes, the public are invited to comment on the ideas presented.

• A time limit (usually around 3-6 months) is set for people to respond to the initial proposal

• Idea behind Green Papers is that following public consultation, the government can more effectively review their policy idea, have informed opinions and ideas which can help them to shape the idea for a new law.

White Papers

Definition (AO1)

• Policy documents produced by the Government that set out their proposals for future legislation.

• White Papers are often published as a draft version of a Bill that is being planned.

• Provides a basis for further consultation and discussion with interested or affected groups and allows final changes to be made before a Bill is formally presented to Parliament.

• Serves as a statement of intent regarding the introduction of legislation.

Examples:

• The Government’s vision for the broadcasting sector was published on 28th April 2022 - Setting out a range of actions that the Government intends to take to reform the legal framework that governs public service broadcasting - The Media Bill

Types of Bills

Definition (AO1)

• Private Bills - Intend to affect one particular are or organisation

• Personal Bills - Affect one or two people. Always begin in the HOL

• Public Bills - Intended to affect the public as a whole

• Government Bills - Steered through Parliament by a minister from the appropriate government department

• Private Members’ Bills - Sponsored by an individual MP or Peer.

The Formal Legislative Process

Definition (AO1)

1. Consultation Stage - Government makes a draft of the bill and asks senior officials to make comments

2. First Reading - Government announces the bill by reading out its title in the HOC to let everyone know about it

3. Second Reading - Main debating stage where all MPs can discuss the bill, ask questions and vote on it. Could be voted out at this stage

4. Committee Stage - A smaller group of MPs look at the bill in detail. They make changes, called ‘amendments’ based on their discussions

5. Report Stage - Amendments made during the Committee Stage are reported to everyone in the HOC. MPs may vote on these amendments

6. Third Reading - Overall consideration of the bill in the HOC and final votes to decide whether it goes any furtehr.

7. The Lords Stages - The bill goes to HOL who follow similar stages. They can suggest amendments to the bill and send it back to the HOC, who may send it back again until an agreement can be reached. If no agreement can be reached, the HOC can eventually vote to pass the law without consent from the HOL through an Act of Parliament which gives them more power over the HOL.

8. The Royal Assent - The king signs-off the bill as a new law or ‘Act of parilament’

Doctrine of ‘Parliamentary Supremacy’ & Limitations on it

Definition (AO1)

• Parliamentary Supremacy is a principle of the UK Constitution.

• Makes Parliament, the supreme legal authority in the UK which can create or end any law.

• Generally the courts cannot overrule its legislation (but it can decalre laws to be incompatible with the Human Rights Act 1998)

• No Parliament can pass laws that future Parliaments cannot change

• Parliamentary sovereignty is the most important part of the UK constitution

• Further limitations are from devolved assemblies (Scottish Parliament, Welsh and Northern Ireland Assembly) since Parliament has enabled self-governance and devolved some of its powers (but this could be revoked by Parliament)

• When UK were in EU on legislative matters of EU law, Parliament’s sovereignty was limited.

Types of Influences on Parliament

• Pressure Groups

• The Media

• Political Parties

Types of Influences on Parliament - Pressure Groups

Definition (AO1)

• PGs are groups of people or organisations formed to represent particular causes (e.g. RSPCA, Amnesty International) or secional interests (BMA, NUS)

• They seek to influence PLM by lobbying, gaining publicity, use of the media & responding to government consultations

Types of Influences on Parliament - Pressure Groups

Advantages (AO1)

1. They inform Parliament on a variety of different current issues

2. Can offer expertise to Parliament

3. An accessible opportunity for the public to express opinions and be informed on an issue

Types of Influences on Parliament - Pressure Groups

Disadvantages (AO1)

• Can provide a one sided or imbalanced viewpoint

• Can use extreme and unlawful methods to raise awareness of their cause

• Influence of PGs on PLM can have the potential for corruption.

Types of Influences on Parliament - The Media

Definition (AO1)

• Refers to channels of communication & transmitting information to large numbers of people, via media channels (TV and apps), newspapers, the internet and social media

• The media informs the public about Parliamentary business including proposed legislation and can influence the public’s opinion for or against them

• Through its support of a particular political party during an election, the media can influence which party forms a government and this will then influence what laws Parliament make.

• The Media also initiates its own campaignes to seek to influence Parliament to reform the law e.g. ‘Sarah’s Law’ which requires sex offender’s details to be registered.

Types of Influences on Parliament - The Media

Advantages (AO1)

• Can inform and draw attention on issues to both Parliament and the general public

• Encourages public participation and debates on impartant issues

• Can report / represent / inform on public opinion to Parliament

Types of Influences on Parliament - The Media

Disadvantages (AO1)

• Media and Public Opinion may not be well informed

• Can provide a one sided or imbalanced viewpoint (subjective not objective)

• Can exaggerate a situation and cause reactionary law making - Dangerous Dogs Act 1991.

Types of Influences on Parliament - Political Parties

Definition (AO1)

• The UK public elects MPs to represent their interests / concerns in the HOC.

• MPs consider and can propose new laws as well as raising issues that matter

• Majority of MPs are affiliated to a Political Party.

• There are some independent MPs

• In the lead up to a general election, political parties publish a manifesto, which outlines their priorities if they were to govern and what new laws they will introduce (e.g. Labour pledged to outlaw fox hunting leading to the Hunting Act 2004).

Types of Influences on Parliament - Political Parties

Advantages (AO1)

• Democratic - Public informed by manifesto, Law makers (MPs) voted by public

• Enables efficient law making (when a government majority in the HoCs is high)

• Transparent basis for law making - a clear manifesto means laws are passed in line with these

• Enables scrutiiny - in both houses, also through the consultation stage.

Types of Influences on Parliament - Political Parties

Disadvantages (AO1)

• Dominance of Government - A Government (the political party with the highest number of MPs) with a large majority gets their own way (Rwanda bill)

• Can be inefficient - A change of Government means laws repealed and changes can therefore be wasteful and costly

• Slow process in passing laws (i.e. Brexit)