Parliamentary Law Making Questions Knowledge and Understanding Outline

Parliamentary Law Making Questions • Knowledge and Understanding – Outline the meaning and purpose of green and white papers (half a question – 5 marks) – Describe the legislative process in Parliament, including the role of the Crown (10) – Discuss the law-making process in Parliament (10) – Outline the law-making process in the House of Commons (half a question – 5 marks) – Outline the law-making process in the House of Lords (half a question – 5 marks) – Outline the doctrine of Parliamentary Supremacy (Sovereignty) (half a question – 5 marks) – Briefly explain what is meant by the doctrine of parliamentary supremacy. Outline one limitation on this doctrine (10) • Evaluation – Briefly discuss advantages and disadvantages of the legislative process in Parliament (10 marks) – Outline disadvantages of Parliamentary law making (10) – Discuss advantages of the law-making process in Parliament (10)

Outline the meaning and purpose of green and white papers (half a question – 5 marks) • Both Papers precede the publication of a Bill • Green Paper: – Meaning – issued by Government departments to gain views about proposed legislation of a variety of interested bodies and people – Often outlines several alternative policy proposals – Purpose – initial consultation document – responses may be, but do not have to be, acted on – E. g. High Speed Rail – issued March 2010 setting out Government’s proposal for high-speed rail line from London to the North • White Paper: – Sometimes issued without a preceding Green Paper – Meaning – to set out Government’s preferred approach to a future piece of legislation – Purpose – not for consultation, but views of interested parties may be expressed and taken into account – E. g. “Putting Victims First – more effective responses to anti-social behaviour” issued in May 2012 dealing with anti-social behaviour • They are NOT part of the formal legislative process

Describe the legislative process in Parliament, including the role of the Crown (10) Discuss the law-making process in Parliament (10) • Different types of Bills • Introduction of Bill by a Minister (if a Government Bill) or a promoter (if a Private Member’s Bill) • House of Commons – Order of readings • House of Lords – Revising chamber – looking at legislation passed by Commons – Order of readings – Ping-pong procedure if Bill has been amended, in conjunction with Ho. C until final decision reached on wording of clauses – Parliament Acts 1911 and 1949 • Crown – Constitutional role of the Queen in Parliament and effect of Royal Assent bringing a bill into force • DO NOT mention green and white papers

Bills and How they are Introduced • Public Bills – most common –affect the whole country. – Two types: • Government Bills – introduced by a government minister: – Some are controversial e. g. current Welfare Bill; Some in response to a specific incident – e. g. Football (Disorder) Act 2000; Some for smooth running of the country – e. g. Access to Justice Act 1999. – Approximately 30 -40 Government Bills a year – most become law • Private Members’ Bills – backbench MPs whose names have been selected in a ballot (20 each year) or Peers in the House of Lords. Few ever become law due to the shortage of Parliamentary debate time. To be successful, they must have the support of the government – e. g. Abortion Act 1967, Murder (Abolition of Death Penalty) Act 1965, Marriage Act 1994, Computer Misuse Act 1990. • Private Bills – affect only specific individuals, organisations or areas. e. g. Medway Council Act 2004 • Hybrid Bills – alter the general law but particularly affect a small number of people – e. g. The Channel Tunnel Act 1987 and HS 2 Bill 2013 • The Bill is introduced into Parliament either by the Government Minister responsible (if a Government Bill) or by the promoter (if a Private Member’s Bill)

Readings in House of Commons • Starts in either House of Commons (most frequently and always if a finance Bill) or House of Lords. First Reading – title and main aims of Bill read out to the House Second Reading – House holds full debate on the main principles of the Bill. Vote then taken as to whether Bill should proceed Committee Stage – detailed examination of each clause of the Bill. by a Standing Committee of between 16 and 50 cross-party MPs Report Stage – committee reports back to the House on any amendments. These are debated and voted on Third Reading – Bill is presented again and the final vote is taken

Readings in House of Lords • Made up of: – Hereditary Peers – inherit their title – Life Peers – awarded a peerage because of their contribution to society or politics e. g. Lord Alan Sugar – peerage ends on death – 26 Bishops of the Church of England First Reading – title and main aims of Bill read out to the House Second Reading – House holds full debate on the main principles of the Bill. Vote then taken as to whether Bill should proceed Committee Stage – detailed examination of each clause of the Bill. by the whole House. Usually propose amendments to clauses in the Bill Third Reading – Bill is presented again and the final vote is taken

Process of a Bill Through Parliament • If Bill was started in the House of Commons it then passes to the House of Lords (or vice versa). • Same procedure followed in the other House • If House of Lords makes amendments to a Bill that has already passed through House of Commons, the Bill is referred back to the Commons to consider the amendments. Approximately 90% of Lords’ amendments are accepted by the Commons. Can go back and forth in this way. Often referred to as ‘Ping Pong’. • Amending Role - at times, House of Lords has made the Government rethink its proposals - e. g. forced Government to amend its plans in the Terrorism Bill in 2005 • Parliament Acts 1911 and 1949 - If House of Lords rejects a Bill it can still become law provided it is reintroduced to the House of Commons in the next Parliamentary session and passes all the stages again – this means the House of Lords can delay a Bill by a year, BUT – not allowed to delay finance Bills • Power is rarely used – only used 5 times e. g. War Crimes Act 1991 and Hunting Act 2004

Role of the Crown • Royal Assent – Once Bill passed successfully through all stages in both Houses it has to receive Royal Assent – formal consent of the Monarch (this is usually given by the Speaker in the House of Commons rather than the Monarch herself) – Purely formal role – Any attempt of the monarch to thwart the will of the Commons and Lords wold not be tolerated – Not happened since 1707 when Queen Anne refused to pass the Scotch Militia Bill – Act of Parliament may come into force when Royal Assent given or at another specified date in the future • Key functions in Parliamentary law-making: – Open each Parliamentary session – ceremonial event where the monarch makes a speech prepared by the Government outlining the legislative proposals for the coming session – Give Royal Assent to all legislation – Appoint and dismiss the Prime Minister

Outline the doctrine of Parliamentary Supremacy (Sovereignty) (half a question – 5 marks) • The idea that our Parliament is the supreme law-making body in the country – can’t be overruled by anyone else • Established in Bill of Rights 1689 • Explained by Dicey (1885) – as a democratically elected body, Parliament is the supreme law-making body in the country • “Parliament…has…under the English constitution, the right to make or unmake any law whatever…and that no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament” • Parliament can make law on any topic • Legal Sovereignty – Acts of Parliament are the highest form of law and must be applied by the courts and override any judicial precedent or previous Acts of Parliament • Political Sovereignty – new Parliaments can legislate on any subject matter and Parliament can not bind its successors (can’t make laws restricting law making in future Parliaments). The electorate can vote a Parliament out at the next election • DO NOT talk about limits on Supremacy

Briefly explain what is meant by the doctrine of parliamentary supremacy. Outline one limitation on this doctrine (10) • Same as previous slide + • One Limitation: – EU Law OR – Human Rights Act – Use examples of cases

Limits on Sovereignty – the EU • European Communities Act 1972 – membership of the European Union takes priority over conflicting laws in member states - if an EU law conflicts with a UK law, the EU law is the one that counts • S 2(1) – all provisions of EU law have the force of law in the UK • S 2(4) – UK Acts of Parliament are subject to directly applicable EU law (any laws dealing with the same issue) • Costa v ENEL – both pre-existing Acts and those made in the future must comply with EU law • Factortame - If Parliament passes an Act which conflicts with EU law, EU law must prevail - the courts must set aside the Act of Parliament and follow the EU law (contrary to the principle of legal sovereignty) • Areas of law not covered by the EU, Parliament is supreme • ECA could be repealed – as is the focus of the current debate on EU membership and the referendum which will take place by 2017

Limits on Sovereignty – Human Rights • Human Rights Act 1998 – incorporates European Convention on Human Rights into English law – but Convention does not have superiority over English law and Parliament can still make laws that conflict with it • S 19 – Government minister must declare before a Bill is given its second reading whether it is compatible with the HRA • S. 3 HRA – courts are required as far as possible to interpret Acts so that they comply with the Convention • If an Act cannot be reconciled with the Convention, a judge can make a statement of incompatibility, although ministers are not then obliged to change the law • Parliament could refuse to respond to such a declaration, but in practice it is likely the Government will accept the legislation has to change – e. g. – Government changed the law following a declaration of incompatibility in A and others v Secretary of State for the Home Department (the indefinite detention of foreign prisoners in Belmarsh without trial under the section 23 of the Anti-terrorism, Crime and Security Act 2001 was incompatible with the European Convention on Human Rights. )

Briefly discuss advantages and disadvantages of the legislative process in Parliament (10 marks) • If advantages and disadvantages - at least 2 of each • If only advantages or only disadvantages – at least 3 • Develop each point into a discussion – why is it a good or bad thing? • Use supporting evidence

Advantages • • • Democratic process – because House of Commons is elected and MPs are answerable to voters as there must be an election every 5 years. During debates each MP should have the opportunity to put forward the views of their constituents. Commons can force its will on the unelected Lords by using Parliament Acts Public Opinion – Parliament takes note – e. g. vote in 2006 for a complete ban on smoking in public places could be seen as Parliament responding to public opinion House of Lords is a useful check – many Lords have specialist expertise e. g. lawyers, doctors and scientists, or have been successful in running companies or charities. Practical knowledge and experience useful in their examination of a Bill Thorough legislative process – detailed committee examination of Bills in both Houses as well as general debates – ensures any mistakes or poor drafting can be corrected Act can be passed quickly when necessary – e. g. Criminal Justice (Terrorism and Conspiracy) Act 1998 went through all stages in 2 days Flexibility – several types of Bills which can be introduced in either House - not only the Government but all MPs and Lords can propose new laws – may be useful when Government has not given thought to a particular matter or does not want to be seen to pass controversial legislation – e. g. Abortion Act 1967 which was introduced through a Private Members’ Bill

• • Disadvantages Lack of time to pass all necessary legislation – Reform Bills are often left out Inadequate scrutiny of legislation – government controls Parliamentary timetable and can restrict discussion of a Bill. Government has a majority on all standing committees so is able to defeat any amendments put forward by others on the committees Some Bills passed too quickly – usually in response to a real or imagined emergency – e. g. Dangerous Dogs Act 1991 has been described as “an ill-thought-out piece of legislation” Undemocratic - unelected House of Lords able to delay legislation passed by House of Commons – no other democratic country has an unelected second chamber able to frustrate decision of an elected body in this way. House of Commons not truly independent – does what the Government tells it to in most cases as majority of MPs are members of the governing party and pressured by the whips into supporting Government Bills – so don’t necessarily vote in accordance with their constituents’ wishes. Government with large majority may be able to introduce any legislation it pleases and is only answerable to the electorate every 5 years. Slow process – a Bill has to go through many readings and stages in both Houses – can take many months Dated processes, language and statistics – parliamentary draftsmen use words and phrases which are ambiguous, unclear and over-elaborate – sometimes means its left up to judges to decide what an Act means. Language used is often incomprehensible to the general public – makes laws inaccessible to ordinary people