Acts of parliament - lecture 2

What are statutes/acts of parliaments?

Laws that are made directly by parliament through a specific procedure.

What are examples of acts covering both civil and criminal law?

Protection from Harassment act 1997.

Date protection act 2018.

Health and safety at work act 1974.

What is the status of an act once it is made?

Once an act is made, it is described as unimpeachable.

What did lord Campbell say in the case of Edinburgh and Dalkeith Railway co v Wauchope?

No court of justice can inquire into the mode in which it (the act) was introduced into parliament, nor into what was done previous to its introduction, or what passed in parliament during its process.

What happened in the case of Pickin v British Railways board?

Here there was a law, Bristol and Exeter Railway Act 1836, that stated that if the railway were to be abandoned then the adjoining land could claim it as theirs. However parliament passed a private act, British Railways Act 1968, which removed this. Pickin then tried to claim that this was unfair and that he should be allowed the land.

What happened in the case of British railways board v Herrington?

A child trespassed onto a railway line through a broken fence and was injured. The railway was negligent because it was reasonably foreseeable that a child could run onto the tracks.

What is the power of parliament?

parliament is sovereign, meaning that it limits the power of the other institutions of the state.

Only parliament can give its powers away; they cannot be taken by any other institution.

What are primary sources of law?

Statutes/legislation/acts of parliament

What are the stages of a bill becoming an act?

First reading, second reading, committee stage, report stage, third reading, other house, royal assent.

What is the first reading?

This is a very short stage.

The bills title is read out, and an order is made for the bill to be printed.

What is the second reading?

A debate on the general principles of the bill.

the bill is usually opened with a speech from the government minister from the department that is responsible.

The majority of bills that pass this stage typically make it onto the statute book.

What is the committee stage?

Provisions of the bill are examined and discussed clause by clause.

Amendments are proposed, discussed and made.

Committee members are often lobbied on amendments by interested bodies.

What are examples of lobbying on committee stages?

Human rights groups - organisations like amnesty international or liberty might lobby for amendments to bills that impact civil liberties.

What is the report stage?

This stage acts as a safeguard so that the bill cannot be amended against the wishes of parliament.

It is also an opportunity for second thoughts.

There is a full debate on any amendments made.

Each clause of the bill is considered in turn.

Further amendments can be moved, and parts which have been added can be removed.

Often it is the members of the committee who are the ones to speak.

What is the third reading?

An opportunity to consider the bill in its intended final form.

Usually this stage is very brief and just a formality.

There is still an opportunity for debate but it is not often used.

What is ping pong?

The bill repeats the process in the other house.

What is consideration of amendments?

If any amendments have been made by the other house, it is sent back to the house wehre it started. The amendments can be accepted/rejected.

The bill can go back and forth until both agree on the final text.

What is royal assent?

When this is pronounced the bill becomes an act and law.

It either comes into law immediately or a later specified date.