law - influences on Parliament

Political influences on parliament (parliament)

The government controls the legislative agenda on parliament and it has the power to decide what laws are put through the legislation process. These are subject to a vote in both houses, but if the gov has a majority (more MPs than the other political parties) it can get almost any law through. These House of Lords may try to delay o amend a bill, but this can also be stopped if the House of Commons invokes the Parliament Act. Laws put forward by the government are known as Government Bills.

Politician influences on parliament (manifestos)

Each political party will write a manifesto on the run up to election which outlines laws they will pass if they win. Some of these laws become laws but many do not however laws such as the poll tax, Human Rights Act, the hunting ban and the House of Lords reform did originate from manifesto promises.

Political influences on Parliament (private members bill)

A back-bench MP may be successful in reforming the law. All MPs are able to put forward their name and change the law. A successful Private Members Bill resulted in the abolition of the death penalty and was sponsored by a back-bench labour MP.

Advantages of political influences on parliament

Virtually every law it proposes will be passed.

The Government will want to reform the law if it will help them get elected so they will listen to public opinion

Gov tends to act quickly when there is major incidents and will pass laws to try to reduce the chances of reoccurrence.

Gov will want to reform the law if it helps them get re-elected.

PMB allow all members of the commons and lords the chance to reform the law. These bills are also a good way to pass controversial changes in the law.

Government Bills can be based on the research done by expert civil servants who work in each government department.

Disadvantages on political influences on Parliament

If a different party gets elected at the next general election, they may decide to repeal or alter some of the laws that previous governments passed.

Gov may introduce changes to the law to quickly which could result in laws that are problematic or badly drafted ( Dangerous Dogs Act)

Where the gov has a very small majority it may be restricted in what laws it can propose.

Gov are not concerned with popularity and may not make changes to the law that are greatly needed but will not be seen by the public as an essential.

PMB are rarely successful.

What is lobbying?

Lobbying is where people try to persuade individual Members of Parliament to support there cause.

Why is the name lobbying used

The name is used because members of the public can meet MPs in the lobbies (hallways) through which MPs go to get the House of Commons.

Who uses lobbying?

Any individual can lobby their Member of Parliament. Lobbying is also used by pressure groups to highlight their concerns.

Who is lobbying most used by?

Most lobbying is Dione by professional lobbyists on behalf of businesses, trade associations and big charities.

What website is used when lobbying?

Uk lobbying is a website where you can search for a professional lobbyists on your behalf. This type of lobbying can have a significant influence on legislation.

What is the usual form of lobbying?

The usual form of lobbying is to ask an MP to ask a question in the House of Commons so that an issue gets publicity. Lobbyists may also try to persuade an MP who has won a place in the ballot to promote Bill on the issues that concern the lobbyist.

Example of lobbyists

Stonewall campaigned for the repeal of s28 of the Local Government Act 1988 which was included in the LOcal Government Act 2003.

Advantages of lobbyists

1. They being issues to the attention on MPs. This may lead to a debate in parliament, publicity for the issue may even lead to a change in the law.

2. Professionals (pressure groups in particular) are good at presenting ideas in the best way and making the case for the issue.

3. System that’s can be used by anyone (individuals/ large organisations)

4. Procedures that allow an individual to have access to their MP for the purpose of lobbying both at parliament and at constituency level.

Disadvantages of lobbyists

1. Using professional lobbyists could lead to an abuse of the process

2. Financially successful businesses or other organisations have more influence than ordinary members of the public.

Influences on Parliament - pressure groups

Who/ what is a pressure group?

A pressure group is a person(s) whom is trying to put pressure on the gov to make a change. These groups can range from a small number of people to a large network of millions.

Are lobbyists impactful- give an example.

Yes, as they can have huge impact on legislation as their activities may make law reconsidered by the government in certain areas of law. For example, the League Against Cruel Sports campaigned for the banning of hunting foxes with dings and as a result of their campaign Hunting Act 2004 was passed.

What is the example of the pressure group linking to the private members bill introduced by Dr Richard Berry?

The private members bill was introduced to with the aim of outlawing discrimination towards the disabled and it didn’t get very far as the gov have the right to impose time limits on a bills passage through parliament. However, demonstrations by a disabled persons pressure groups which included disabled people chaining themselves to railings which embarrassed the gov into passing the Disability Discrimination Act 1995.

How do pressure groups campaign against a bill ?

An example is when the gov tried to restrict the right to trial by jury , which failed , after pressure groups like Liberty and Justice campaigned against it arguing that it infringed human rights.

How do pressure groups gain support for their campaign?

They may use lobbying or take to ministers or MPs, they may get the public to sign a petition, they may run a publicity campaign or organise marches, speeches and strikes.

What are the 2 main types of pressure groups and what can they be divided into?

The 2 main types are: Promotional or ‘cause groups’ OR Sectional or Pinterest groups.

They can also be divided into insider and outsider group. Insider groups have direct contact with ministers and parliament. Outsider groups don’t have direct contact an have to resort to direct action to promote their cause .

1. What is a promotional or ‘cause’ group?

2. Advantages

3. Disadvantages

4. Examples

1. They promote a particular idea or belief .

2. Well publicised groups can have a big impact.

3. They influence much less and they are less likely to be consulted and less likely to have gov links.

4. Greenpeace - environment

Cancer research UK - cancer awareness

F4J - child access

A good example is the RSPCA (animals) as its well organised campaigns succeeded in having some of its ideas translated into law . For example, RSPCA campaigns and advertising were partly responsible for persuading Parliament to pass the Animal Welfare Act 2006 which made pet owners responsible for c are for their animals in feeding them and getting appropriate help from a vet when necessary.

1. What are sectional or interest pressure groups

2. Advantages

3. Disadvantage

4. Examples

1. Exist to further the interest of a section of society who often represent work groups or professionals.

2. Larger groups are better supported as they represent a large section of society which means a lot of peoples needs can be met from a larger group. Large groups are also wealthy and van carry electoral support at election time . Sectional groups are also more likely to have access to an MP or minister. Because of wealth and influence on these groups, it is hard for gov to introduce a law that affects these groups without consulting them.

3. Degree or influence relies heavily on gov support.

4. Examples include, The Law Society, British medical associations and teachers unions

The NFU campaigns on behalf of those in agriculture. These groups are quite wealthy and often have members in key constituencies whose support the gov might need at election time. A campaign lead by the NFU led to Parliament passing the Groceries Code Adjudicator Act 2013 and the appointment of the first Supermarket Ombudsman who works too ensure farmers get fair prices from supermarket retailers.

Advantages of pressure groups

1. They have experts in their membership pr they can employ experts to effectively argue their case.

2. Their are many pressure groups with different aims and issues to promote which means a wide range of issues can be drawn the attention of the government

3. They often raise important issues. Environmental groups have made the gov so much more aware of the damage being done to the environment use ton greenhouse gases and other pollutants.

Disadvantages of pressure groups

1. They may seek yo impose their ideas on the public or gov, even when there is limited public support. For example, strikes can impact the general public who are united to support a cause.

2. 2 pressure groups may have opposite interests and will campaign for opposing actions. An example is when the fox hunting was being considered as the Countryside Alliance wanted it to continue.

Law commission : composition

1. When was the Law Commission set up

2. What is the law commission and who does it consist of

3. Who are commissioners and who are they appointed by

4. What is the main aim of the law commission

1. It was set up in 1965 by the Law Commissions Act

2. It is a full time body and consists of 5 commissioners. - a chairperson who is a High Court or COA judge and 4 other law commissioners, experienced judges, barristers, solicitors or teachers of law

3. They are appointed by the Lord chancellor and Secretary of State for Justice for up to 5 years , although their appointments may be extended. Commissioners are appointed on full-time basis, but may on occasions undertake other work, including judicial training or judicial service . There os also support staff to assist with researchers

4. To make sure the law is : fair, modern, simple and cost-effective .

Law Commission: role

1. Where is the role of law commission set out

2. What does this state

3. What does this cover and specifically state

1. Set out in section 3 of the Law Commission Act 1965

2. It shall be the duty to each of the commissions to take and keep under review all with which they are respectively concerned with.. and generally the simplification and modernisation of the law

3. This is a wide ranging belief as it covers ‘keep under review all the law’ . It also states that the Law Commission is to be concerned :

• Reform - update the law

• Codification- bringing together all law on one topic into one source

• Consolidation - to draw all the existing provisions together in one Act

• Repeal - to remove out of date statutes

Law commission : reform

What is reform

To update the law

Law Commission : codification

1. What is codification?

2. Example

1. Codification involves bringing together all the law (common law and statute) on one topic into one complete code of law which makes law simpler and easier to find.

2. The Law commission worked on producing Sentencing Code so that all law on adult and young offenders is in 1 document instead of several different acts, the law is now contained in the Sentencing Act 2020.

Law commission : consolidation

1. What is the aim of consolidation

2. How is it different to codification

3. Example

1. The aim of consolidation is to draw all the existing provisions together in one act. This is needed because in some areas of the law there are a number of statutes, each of which sets out a small part of the total law. This is another way in which the law is becoming more accessible

2. The law is not reviewed or changed, it is just simply brought together

3. An example of a successful consolidation act was the Justice of the Peace act 1997 concerning the role of Magistrates

Law Commission : repeal

1. What is repeal

2. Is this easy or difficult

3. Is this successful

1. A role of the Law commissions is to identify old acts which are no longer used so Parliament can repeal those acts. This means that the act ceases to be law , only Parliament can repeal, the Law Commissions job is to identify those that are no longer needed.

2. It is difficult which is why we still have a lot of old statute and often where strange law comes from, it is because they haven’t been repealed by parliament . An example is the statute of Marlborough which was passed during the reign of Henry III.

3. Yes it has been very successful as by 2015 there had been 19 Statute Law Act . Over 3000 out of date act have been repealed and parts of thousands of other acts have also been repealed

Law commission : process of reform

1. How does reform occur

2. What does it concentrate on

3. How does it work

1. Law commission considers areas of law that which are believed to be in need of reform. The actual topics may be referred to by the Lord Chancellor or behalf of the gov, or the law commissions may itself select areas that need reform and seek governmental approval to draft a report on them.

2. Concerned with substantive law (criminal, contract, tort, family, land)

3. Researching areas of law that is thought to be in need of reform, it then publishes a consultation paper seeking views on possible reform. The consultation paper will describe the current law , set out the problems and looks for reform. Following the response to the paper, the Commissions will then draw up a positive proposals for reform. These will then be presented in a report which will also state the research which led tot eh conclusions . There will often be a draft bill attached to the report with the intention that this is the exact way the new law should b reformed. The draft bill must have gone through the necessary parliamentary stages if it is to become law .

Law commissions : successful changes

1. Double Jeopardy Rule - this rule was that D could not be tried for the same trial twice . Law commission investigated this rule and published a report and recommended a reform of the rule in murder cases. These recommendations were implemented into the Criminal Justice Act 2003 with the abolition of the use for murder, manslaughter and rape.

2. Year and a day rule - report by the law commissions may itself lead to the repeal of this rule in murder and manslaughter (The law reform(year and a day rule) Act 1996)

3. The Fraud Act 2006 - a 2002 report on the reform of the law to cover credit card fraud at cash points by changing the law on deception

How is through investigation an advantage of the Law Commissions

They are very thorough and make very well informed recommendations . E.g. it is done in 4 stages , referral, research, consultations and proposals to reform. This allows them to make very well informed recommendations (double Jeopordy act). This has led to 3000 old and out of date Acts of parliament being repealed and ,any separate acts have been consolidated or codified into one source or a single act.

How is slow government a drawback for law commission?

The low commission has to wait for gov top. Being in reforms it proposes. Gov is often slow to enact reforms and some la commission reports have not yet been made law . E.g. non-fatal offences against the person is still awaiting reform where the law commissions issued a report , Offences against the Person, recommending reform to this area of law to which the gov issued a consultation paper and a draft bill, however the gov did not proceed with the bill and reforms have never been made . This demonstrates that law commission can only be effective if the gov and parliament are prepared to find the time to enact reforms

How does the fact that Parliament can change recommendations to make them less satisfactory affect the law commissions?

When reforming the law, the gov may not follow all recommendations. Also , as a law goes through Parliament , changes can be made to the words which so the final law could be very different to what it was proposed by the law commission. The law will now be less satisfactory than the original proposals . The gov does not have to consult the law commission on these changes so major changes can b made without the law commissions legal knowledge and extensive research

How does legal expertise help the law commission

Suggested areas of the law or reform are searched by legal experts ( 5 commissioners). Therefore they can propose reforms for acts of parliament or repeal ny outdated law which Parliament lack the specialist knowledge to do. As the law commissioners change , it allows new experts to join the Groton and add their expertise.

How does the fact that the law commissions issued is a independent body help

It is the only independent and permanent body who ensure that the law is kept under review. Topics may be referred to them by the lord chancellor on behalf of gov but they are able to select areas that are in need of reform themselves . This mans it doesn’t only just review and suggest reforms for laws gov want reviewing. This means that 1 particular political party is not favoured

How does research help law commissions

The impact of any new law or related area is fully explored

What does less delay mean for law commission

A bill will be drafted and attached to their report to parliament to speed up process.the bill is based wholly on the commissions finding which means there is less delay in introducing the Bill to parliament . Law commission act 2009 imposes duty on minister of justice too produce an annual report for parliament explaining the extent to which law commission recommendations have been implemented . Which means law can be implemented more effectively.

How has money and time been wasted on law commission

A great amount of public money and time has been wasted on research and preparation which has not been put into place, despite experts identifying the need. Money could be spent somewhere else within the system.

How iOS more accessible info an advantage for law commission

It can bring together law on one topic area into an act so the law can be easier to fin d amend is more accessible to all. It simplifies and modernises the law with an example being the Fraud act 2006

How does lack of time affect law commission

There is a problem with amount of time available in parliament as a lot of time has went into financial matters such as the budget and taxation, health and education som little time is left for pure law reform

Influences on parliament- Media

1. what is the media

2. How is traditional media used to influence

3. How is the media used by pressure groups

1. Media covers the ways in which info is reported. All forms of media can reach the public and help form public opinion. Members of the public can also post their views on social media

2. Traditional media can run a campaign to attempt to change the law. E.g. news of the world to name and shame pedos following a murder of Sarah Payne. This pressure forced parliament to introduce the criminal justice act 2003, allowing parents and guardians to enquire about sums individuals

3. For changes in the law. The snowdrop campaign was devised by a pressure group and promoted by papers such as daily mail and Tv channels as 16 children and a teacher were killed by a gunman . This persuaded gov to bring in the Firearms act 1997 despite opposition from shooting clubs. This banned most types of handguns.

Give an example of a case disadvantage of the media influencing parliament

Due to attacks by a small number of dogs with the same breed the gov rushed through Dangerous Dogs Act 1991. It was so badly worded and unsatisfactory that the Dangerous Dogs Amendment Act had to be brought in a few years later

Influences on parliament- Media

How is public opinion a strong influence on parliament

Majority of public voted to leave EU

Influences on parliament- Media

Advantages

• Media can raise awareness of public concern of an issue with gov. Gov more willing to act on a popular media campaign

• Public use media to raise concerns about individual incidents

• Inform and raise public awareness, encourage Gov to form policy, to act and legislate. Useful before election

Influences on parliament- Media

Disadvantages

• Not politically neutral. Newspapers may be willing to. Promote inaccurate campaigns and may n to have wide public support. Some newspapers support specific political parties and regularly support their views.

• Newspapers are a commercial business and will be prepared to expand their readership . This can be seen as parts of the media manipulating the news and creating public opinion

• Any vies can be expressed on social media

• No guarantee gov will act on an issue