OCR A LEVEL LAW: Parliamentary Law Making

What are the 8 influences on Parliament??

Parliament

Manifestos

Private Member's Bills

Pressure groups

Europe

Public opinion

Media

Judicial reports

1) Parliament influences

Government control the legislative process in parliament and have the power to decide what laws are put through the process. These decisions are subject to a vote in both Houses but if the government has a majority then it can pass almost any law. These laws are usually put forward by a government department/cabinet and are known as government bills.

2) Manifestos

In run up to elections each political party will write a manifesto outlining laws they will pass if they should win. Most promises don't become law. However, laws such as Poll Tax and Human Rights Act did originate from maifesto promises.

3) Private Member's Bills

All MP's are able to put forward their name and try to change the law. A successful member' bills resulted in the abolition of the death penalty and was sponsored by back bench labour MP, Sydney Silverman.

4) Pressure Groups

Groups of people who share the same cause of interests that tyr to influence changes in the law. They can do this in a variety of ways: Protests, petitions and publicity stunts. Many groups lobby MP's and local councils to try and get their beliefs heard.

5) Europe

Membership with the European Union has brought with it a significant amount of new laws such as treaties and regualtions. If UK law does not conform to EU laws then Parliament must create a new law.

6) Public Opinion

Particularly close to election time, the government may be influenced by the public to reform the law as they want to get the public to re-elect them.

7) Media

The media may campaign for a change in the law, news reports concerning pit bull terriers attacking children led to the Conservative Government passing the Dangerous Dogs Act 1991.

8) Judicial Report

Judges may be asked to investigate an area of law in need of reform. Lord Woolf's report on the civil courts systems led to the Civil Procedure Rules 1999. After a serious event or disaster, a seniour judge may heada Public Inquiry.

Advantages of Influences on Parliament

- Government will listen to the opinions of the public because they want to be re-elected.

- Government tends to act quickly when there has been a major incident and will pass laws to try and reduce the chances of reoccurrence.

- Private Member's Bills allow all members of the Houses the chance to reform laws - also a good way to pass controvertial laws.

- The media can raise the public and government's awareness of important social issues.

Disadvantages of Influences on Parliament

- Government may try to introduce las too quickly which results in laws that are problematic or badly drafted.

- Due to the governments need for popularity around election time, they may not make changes to the law that are actually needed.

- Limited amount of parliamentary time available so might not be able to make all the laws that are necessary.

- public panic may arise from the media exaggerating issues.

What are the 3 types of bills?

Private bill

Public bill

Hybrid bill

Private Bills

Don't usually affect the whole country, may be introduced by a large company/local council/public corporation that require an act of parliament to build a new road or factory.

Public Bills: Government Bills

Affect the whole country

Government Bills: Government pass majority of laws and get ideas for new laws from sources such as manifesto promises.

Public Bills: Private Member's Bills

Affect the Whole country

Private Member's Bills: Put forward by back bench MP's from a political party, MP puts name into ballot at start of the year and twenty names are drawn out. Ten minutes to explain the bill but some opposing MP's waste time through filibustering. Must be enough MP's in attendance for the vote to be counted.

Hybrid Bills

Combined features of a public and private bill, government bills which affect certain individuals and bodies - not everyone.

What are the 5 Pre-Parliamentary stages?

Idea stage

Consultation stage

Green paper

White paper

Drafting stage

Idea stage

An idea for a new law, usually devised by the government

Consultation stage

The idea is discussed with experts.

Green Paper

Discussion document that sets out the idea for the new law but may include several alternatives.

White Paper

Finalised version of the idea which is the government's 'statement of intent'

Drafting Stage

Idea written into legal terminology by the parliamentary counsel - it is now a bill.

What are the 7 parliamentary stages?

First reading

Second reading

Committee stage

Report stage

Third reading

House of Lords (usually)

Royal assent

First Reading

Title of bill read out by sponsoring MP and second reading date set.

Second Reading

Whole House debates the bill and votes either 'aye' or 'no', the Speaker announces who has won the vote. The 'whip system' only used for important bills.

Committee Stage

Bill is scrutinised by the Public Bill Committee and any second reading suggestions are considered as well as the committee's suggested amendments, additions and deletions.

Report Stage

Public Bill Committee report back to the House of Commons (usually) and any changes are voted on - this stage can be skipped if no changes are suggested.

Third Reading

Final reading of the bill and then the bill is said to have 'passed through the house'

House of Lords (usually)

Repeated entire process and check the fine details of the bill. Can recommend changes but these don't have to be implemented. House of Lords doesn't have the power to prevent a bill from being passed but they can delay it for one year.

Royal Assent

Bill becomes an Act of Parliament once thte Queen signs it.

Advantages of the Legislation Process

- Long process allows time for the bill to be effectively scrutinised and checked for errors.

- First reading allow the opposition to prepare an argument against the bill for the second reading.

- The whips ensure that the MP's vote with their party.

- House of Lords contain many legal experts and so is used as a 'safety net' for checking the bill for errors.

Disadvantages of the Legislative Process

- Some bills are rushed through the process and are passed containing errors.

- House of Lords in unelected and therefore undemocratic.

- The whips system has been seen as undemocratic and the whips have been accused of 'bully' tactics.

- Ten-minute rule prevents most from getting a proper chance to explain their idea and other MP's waste this time by filibustering.