Law Making- Parliamentary Law Making

What is the HOC?

• 650 MPs

• elected at least every 5 years

• usually represent parties

• ana all represent constituencies

• Party with majority of MPs form government

What is the HOL?

• Unelected

• 92 hereditary peers following House of Lords Act 1999

• Bishops, Lord spiritual and life peers elected for expertise

• Historically had law lords

• Law lords removed constitutional reform act 2005

What is the monarch?

• King or Queen assent to bills ceremonially

Who issues Green Paper (Consultation Documents)?

Minister with responsibility on the matter

What is the purpose of Green Paper (Consultation Documents)?

To put forward the government's view with proposals for change

Why are interested parties invited to comment on Green Paper?

To allow full consideration and avoid knee-jerk reactions

What is a White Paper in government context?

A White Paper is a document published by the government with firm proposals for a new law.

What happens if the consultation on a White Paper is successful?

If the consultation on a White Paper is successful, a draft bill will be produced and introduced to the government.

How many types of bills which can go through legislative process?

3 Types:Public,Private,Private Members

Public Bill

-Is the most frequent
-Involves matter of public policy

What's an example of a public bill?

Disability Discrimination Act 1995

Private Bill

Affect only a corporation or an individual

Where does a private bill always start?

HOL

An example of a private bill?

University College London Act 1996

Private Members Bill

Introduced and sponsered by an individual MP
-Few private members bill become law
-Ballot in each parliamentary session where 20 private members present Bill

Whats an example of a private members bill?

The Abortion Act 1967

Where do finance bills start?

HOC

What happens in the First Reading?

The name and main aims of the Bill are read out with no discussion or vote

What is the Second Reading in parliamentary procedure?

The main debate focusing on main principles, concluding with a vote requiring a majority to progress.

What happens at the end of the Second Reading in parliamentary procedure?

A vote is taken, and a majority vote is needed for the bill to progress.

What happens in the second reading in the HOC?

MPs wishing to speak must catch the eye of the speaker

What happens in the second reading in the HOL?

Government minister explains the bill and answers questions

What happens in the committee stage?

The detailed scrutiny of the bill

What happens in the committee stage in the HOC?

16-50 MPs form a Standing Committee to examine the bill (special interest or subject knowledge)
FINANCE BILLS WHOLE OF HOC

What happens in the committee stage in the HOL?

Sit as a whole house. Bill may be amended, agreed and voted on.
Gov can not restrict subjects discussed

What happens in the Report Stage in HOC?

Committee report back any additions or amendments. Amendments will be debated and further amendments can be added.

What happens in the Report Stage in the HOL?

Examine the proposals, any member of the HOL can take part and vote on amendments take place

What is the Third Reading?

Final vote on the bill (unlikely to fail at this point- Amendments can be made if not previously considered and voted on)

What is the other house?

Passes to the other house for consideration and repeats all the stages.
-If changes are made then it returns to original house to be considered which is called "Ping Ponging"

What is the Parliament Acts 1911/1949?

Power of the HOL to reject a bill is limited,bill can become law if HOL rejects it
-Bill is reintroduced the next season

What is Royal Assent?

Monarch gives formal approval of the Bill (Royal Assent Act 1967)
-Only have the short title
-1707 Queen Anne refused to sign

Advantage: Why is it democratic?

This is because HOC are elected MPs which represent the constituencies( General election every 5 years, debate and vote)

Standing on Manifestos

Counter Argument: Parliament Acts 1911/1949 ignoring HOL and specialist knowledge

Manifestos are not always followed

Advantage: Why does it respect Parliamentary Soverignty?

Highest form of law which cannot be questioned and must be applied by judges in their decisions in court. Means there is a clear separation of powers between the legislature and judiciary

-Parliament is able to make and unmake all laws without limitation. This means that the law can change to reflect the time and society

Counter Argument: Parliamentary sovereignty means that unworkable legislation with no parliamentary interest, remains on the statute book

Difficult to remove or amend badly drawn or outdated piece of legislation (Dangerous Dogs Act 1991) mean another act needed.

Disadvantage: Undemocratic

The HOL is unelected but able to influence legislation without a public mandate (Hunting Act 2004) delayed on grounds of personal disapproval. Problematic as public can not remove the Lords

Counter Argument: Advocated of the Lord would point out that the Salisbury Convention should limit the problem.

Disadvantage:Whip system means it is unrepresentative

-The use of whips mean MPs do not always vote for their constitencys’s best interests- this means MPs are unable to vote in their constituents interests

MPs are highly influenced by the whip as a deployed whip will mean they risk position in the party (Boris expulsion of 19 MPs)
which means it is unrepresentative as MPs elected to represent constituencies

Counter Argument: Whips needed to allow major political parties to effectively make campaign promises

Advantage: Date of commencement

• Having an act come into force over time means that the public can prepare themselves to ensure compliance with the new law (Disability Discrimination Act 1995)
  

• Counter argument: Having acts commence at different times means establishing what the law is can be confusing- especially when some Acts never come into force Easter Act 1928

Advantage: Speed in times of emergency

• Coronavirus Act 2020 which gave the government emergency powers to handle the pandemic. It passed all the parliamentary stages and received Royal Assent within a week of its introduction

• Counter: Lack of speed see Consumer Rights Act 2015

Advantage: Lengthy discussion process

• Long discussion should ensure all MPs and Lords are clear on the exact effect of the bill. This again, limits the potential for unintended consequences

• Counter Argument: Long discussions in both the Commons and Lords can prevent things being achieved- esp. if the Government does not have a long majority: see Theresa Mays indicative votes 2019