Parliamentary law making

The House of Commons

• 650 elected MPs

• Public elects the MPs every 5 years

• Party with the greatest number of seats usually forms the government & 2nd largest party is the opposition

• Role is to debate & approve legislations proposed by the Govt

The House of Lords

• 750 lords & bishops who aren’t elected

• Role is to discuss & amend legislation from the Commons - can delay it but can’t overrule

Green paper

• Initial proposals that set out new government proposals for new laws

• Used as a basis for consultation with experts & interested parties

White paper

• Statement of policy & definite proposals for legislation

• May include a draft version of a Bill that is being planned

Introducing an Act of Parliament

• Government of the day will present will issue the new Bills into Parliament that have came from the white papers

• Drafted by the Legal Draftsmen who word the proposals precisely & unambiguous

Public Bills

• Bills that’ll affect the whole country eg Legal Services Act 2007

Private Bills

• Bills that’ll only affect a small group of people eg Fareham Oyster Fisheries Bill 2016

Private Member Bills

• Bills that individual MPs try to create eg Abortion Act 1967

• Ballot held each year where 20 MPs win the right to try & get an act of their choice passed

• Most are unsuccessful however

1st reading

• MP reads the title of the Bill - essentially an announcement that the bill has been introduced

• No debate

• Vote held if the Bill should continue

2nd Reading

• Government minister proposes bill, outlines main principles & summarises

• Official opposition speaks person responds & other opposition parties debate

Committee Stage

• Sent to a general committee upstairs for a detailed examination

• Consists of usually 18 MPs

• They examine the clauses & consider detailed amendments

Report Stage

• Any amendments made during the committee stage are approved or rejected

• Only amendments discussed, not the clauses

3rd Reading

• Final version of the Bill is approved & passed by hand (bound in green ribbon) to the House of Lords, where its returned (bound in red ribbon)

Passed to Lords for similar procedure

• If the Lords amend the Bill, it must be sent back to Commons for their approval as both houses must approve

• Can lead to Bill going back and fourth (ping pong procedure)

Royal Assent

• Monarch’s agreement that is required to make a Bill into an Act of Parliament

• Monarch has the right to refuse but this rarely ever happens

• Once royal assent is given, it usually becomes a law from midnight that night

5 influences on parliament

• Political influence

• Public opinion/media

• Pressure groups

• Lobbyists

• Law reform

Political influence on Parliament

• Before an election, parties will try to win votes by setting out their changes/laws they want to introduce (manifesto)

• After a party wins their manifesto will become the basis for new legislation

• Every year at the Official Opening of Parliament the King gives a speech that sets out new laws the government will attempt to create

Advantages of political influence

• If there’s a government majority in the House of Commons, it’ll most likely be passed

• Manifestos make it easier to know what laws each party wants to make if elected

Disadvantages of political influence

• Small parties can’t pass laws as easily eg 2010 Tories/Liberals

• New government can undo work of the old

Public opinion/media

• Media can alter the public’s opinion on something depending on what they report/cover & can make certain elements of the news high profile

• Public can create an online petition & if it reaches 100k it must be debated in Parliament

• Dangerous Dogs Act 1991

Advantages of public opinion/media

• Opinion of public can be listened to & issues of national concern can be dealt with

• Free press allows us to criticise the government & bring issues to their attention

Disadvantages of public opinion/media

• Government may respond with “knee jerk” response & make laws hastily that don’t achieve justice eg Dangerous Dogs Act 1991

• Media can manipulate public opinion & be biased

Pressure groups

• Put pressure on the government to create new laws

• Two types: sectional interest groups & cause groups

Sectional interest groups

• Represent a certain section of society eg Law Society, British Medical Association

• Permanent organisations, not political parties

Cause groups

• Promote a particular cause eg Greenpeace, Human Rights

Lobbyists

• Try to persuade MPs by meeting them in small hallways called lobbies in Parliament

Advantages of pressure groups

• Wide variety of issues drawn to the Government’s attention due to large numbers of groups

• Often raise important issues eg environmental groups raised issues of greenhouse gases

Disadvantages of pressure groups

• Argued that they seek to impose ideas the majority of public don’t support

• Two groups may have opposing views & want opposing changes

Law reform bodies

• Permanent panel of legal experts who research & recommend law changes

• Put forward new proposals in a consultation paper which will often become draft bills & new laws

Advantages of law reform bodies

• Legal experts with knowledge

• Look at whole areas & not just individual problems

Law reform bodies disadvantages

• Government often don’t have the time to implement the proposals they put forward

Parliamentary supremacy/sovereignty of parliament

• Parliament can legislate on any subject matter - eg Succession of the Crown Act 2013

• No Parliament can be bound by any previous Parliament nor pass any Act that can limit the power of any future Parliament

• No other body can overrule or set aside an Act of Parliament

Limitations on Parliamentary Supremacy

• Humans Right Act

• Devolution

• EU Membership

The Human Rights Act 1998

• Must comply

• If Acts don’t comply the courts can declare them incompatible & make amendments

H v Mental Health Review Tribunal

• Mental Health Act 1983 stated it was up to the patient to prove they should be released but the ECHR said it is up to the states

Devolution

• Scotland & Wales Act 1998 devolved (handed down) certain powers over Education, Healthcare etc to Scottish & Welsh Parliaments

• Westminster Parliament not superior in these cases

EU membership

• Since 1973 subject to EU which is superior to British Law

• Since Janurary 2021 we’re no longer subject but EU laws will remain in many existing legislations