Note
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Parliamentary law making
House of commons: (650 MP’s elected at least every 5 years, usually represent parties.)
House of Lords: (unelected 92 hereditory peers following House of Lords Act 1999; 26 bishops known as lord spiritual; and life peers: appointed for expertise/politically). Historically had law lords; law lords removed under the constitutional reform act 2005: Kier Starmer has recently introduced a bill to remove all heredatory peers from the House of Lords.
Monarch: King or Queen assent to bills ceremony
Devolved assemblies
Some powers have been devolved (given to) smaller parliments to best represent the UK. These powers are called competencies. The current devolved powers are:
- Scottish Parliment: the scotland act 1998
- Norther Irish Parliment: The Northern Ireland elections Act 1998
- Welsh Parliment - The Government of Wales Act 2006
Creating new Laws
Usually 2 stages:
Green papers: Document issues by the government, usually department responsible, which outlines the governments views and invited feedback from interested parties. The gov. Then decides on any changes
White papers: Following green paper, a white paper = firm proposals for an new law which may include a drafe bill. Sometimes government’s jump straight to white papers. Poor consultation leads to unworkable legislation: see dangerous dogs act 1991
Bills
Bill = draft bill before it becomes an act; drafted by Parlimentary counsel to the treasury: this ensures the bill achieves the proposer’s intent. A government bill is one the government introduces; a private members bill is one a single MP/Lord introduces.
Types of Bill
- Public: Most frequent + affect the country at large (see constitutional reform act 2005). It can also affet a devolved country. A private members bill can also be a public bill if it affects the whole country.
- Private: bills that affect one identifiable group or corperation (see the university college london act 1996).
- Private members bill: bills that are introduced by a single MP (in rare cases can be done by lords). A ballot in each parlimentary section in which 20 are selected. Time for debate is limited so only the first 6-7 are discussed. See the abortion act 1967.
From bill to act:
First reading: Formal procedure, names/aims read out. Usually no discussion/vote.
Second reading: Main debate. MP’s debate main principles of bill, not smaller detail. A vote at close of debate and needs majority to progress (use of whips usually ensures this for the Government).
Committee stage: Between 16-50 MP’s, with an interestor knowledge about the area, form a committee. They scrutinise the smaller details. Then recommend amendments and these are voted on.
Report stage: Committee reports any amendments to the rest of House. House debates any changes and further amendments can be added - again, by majority vote. No amendments, no comittee no report stage.
Third reading: This stage is usually a formality. There will be a further debate if 6 MP’s request it.
Other house: The bill is sent to the other house. The House of Lords is only able to delay legislation following the parliament Acts 1911/49 for 1 year.
Royal assent: The King then assents to the relevant act. The royal assent act 1967 means that the king now only receives the short title. Realistically the king has no say in this.
Main advantages of parlimentary law making:
- Consultation: prior to a bills creation, effective consultation should limit any unintended consquences or mistakes - avoiding the Dangerous Dogs Act 1991
- Report process: The law commission are able to suggest areas for parliment to legislate on and this enables technical law reform (see sentencing act 2020)
- The use of whips: the use of whips ensures Parlimentary business can be carried out effectively as MPs are whipped to make sure the government can win and persue its agenda. Consider the winter fuel vote in 2024
- The house of lords: Are unelected and so are able to advise considering just their expertise, not what’s popular.
Main disadvantages of parlimentary law making:
- Consultation: consultation can lead to bills taking to long to br passes. The consumer rights act 2015 took 14 months to pass.
- Report process: despite the law commissions early success, parlimentary disinterest often means that their proposed reforms are not passed
- The use of whips: the use of whips means that MP’s do not always vote for their consistency’s best interests - this means that MPs are unable to vote in their constitutents’ interests.
- The house of lords: some appointments to the house of lords are political and it’s quite questionable whether they are always experts (see Lord Lebedev). Sometimes they vote according to their own beliefs rather than their expertise - see Hunting Act 2004.