Parliamentary and European Law Making The Legislative Process

Parliamentary and European Law Making The Legislative Process

Objectives Describe the various chambers and people who make up Parliament. Explain the different types of Bills. Explain how an Act of Parliament is made. Critically evaluate the legislative process. Evaluate the effect of EU membership and the HRA 1998 on Parliament (please see lesson plans and Power. Points on EU legislation and the ECHR/HRA 1998 ).

Legislative Process Q. Statues are made by Parliament. What is Parliament made up of? House of Commons House of Lords Monarch

Legislative Process Parliament has the power to: Make laws Raise taxes In Britain Parliament has complete power – in law there are no limits on what it can do, Parliament is sovereign. In reality there are lots of limits. What limits can you think of? EU membership Effect of the HRA 1998

The House of Commons has about 650 elected members of Parliament made up of all the various political parties and the Government of the day. The House of Commons is the most powerful part of Parliament. It can force laws through even though the Lords may disagree.

The House of Lords Act 1999 The House of Lords made up of: Hereditary peers who have inherited their title – 92 of them (soon to lose their right to sit in the Lords) Life peers Some bishops and judges There is an argument going on over who should sit in the Lords and whether some or all Lords should be elected.

The Monarch The Queen is a CONSTITUTIONAL MONARCH Queen Elizabeth II is HEAD OF STATE. The Queen is a FIGUREHEAD – her powers are limited by the laws and customs of Britain. The Queen is head of: The armed forces. The Church of England. The legal system. The country is governed in her name.

Making an Act of Parliament Manifesto Green Paper White Paper Bills: All statutes begin as a Bill – 3 types 1. Public Bills 2. Private Members’ Bills 3. Private Bills

Making an Act of Parliament Monarch Royal Assent House of Lords Third Reading Report Stage House of Commons Committee Stage Second Reading First Reading Bill House of Lords

Making an Act of Parliament First Reading – title is read to the House of Commons. Second Reading – proposals fully debated – MPs vote whether to proceed. Committee Stage – detailed examination – amendments can be made. Report Stage – Committee reports back to the House, vote is taken. Third Reading – Bill re-presented to the House - vote taken.

Making an Act of Parliament House of Lords – Bill then goes to the Lords – goes through similar process as the Commons, any amendments must go back to Commons for consideration. The House of Lords checks bills and improves them. It can delay some laws for up to a year. They CANNOT block legislation.

Making an Act of Parliament The Parliament Acts of 1911 & 1949 – allows Royal Assent to be given without approval of the Lords. 4 examples of where this happened: 1. War Crimes Act 1991. 2. European Parliamentary Elections Act 1999. 3. Sexual Offences (Amendment) Act 2000. 4. Hunting Act 2004. R (on the application of Jackson & others) v Attorney General (2005) Countryside Alliance - challenge to the use of the Parliament Act 1949 to bring in the Hunting Act.

Royal Assent In theory the Queen must give her consent to all legislation before it can become law: In practice consent is never refused. Bill then becomes an Act of Parliament and the law. Acts of Parliament contain the following statement, and now because of the HRA 1998 must state whether they are compatible or incompatible with human rights: Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows.

Test Yourself • What are the names of the different chambers of Parliament? • What are the planned reforms for the House of lords? • Name the 3 types of Bills. • How is an Act of Parliament made? • The House of Lords is no longer able to block legislation, which Acts of Parliament allow Royal Assent to be given without the Lords approval? • Give two examples where this happened.