Parliament and law making

British ConstitutionWhat is a Constitution?A set of laws which set out how a country is governed.Unlike the America Constitution the British one is not written down in one single document. It is known therefore as an un-codified constitution. Can be found in a variety of documents.This allows for flexibility and change but some people believe it should be codified to allow the public to access it more readily.

British ConstitutionRule of Law• The rights of individuals are determined by legal rules.• There can be no punishment unless a court decides a law has been broken.• Everyone is subject to the law.

Supremacy of Parliament• Parliament is the highest body, it can pass, repeal and alter any law.

Separation of Powers• Legislative (Parliament) make laws.• Executive (PM and Cabinet) put law into effect and plan policy.• Judiciary (Judges) decide cases.• Each of the three elements should be separate. Do you think this is the case? How has the government tried to ensure this is the case?

The Law Making Process

Where does the idea for a law come from?

How is a law created?

Parliament is the supreme law making body, but the pressure to create laws comes from lots of different sources.

GovernmentBefore an election each party creates a manifesto, making promises about what they will do if they win the election. This includes laws they will make or alter. There is no legal obligation for the government to implement their manifestos.Also set up independent Commissions to examine particular issues. For example the findings of the Commission of Inquiry into Child Abuse in Cleveland were used to assist in the writing of the Children Act 1989.


Law Commission• Independent, permanent, full time law reform body.• Review the law and look for areas that need reform.• Advantages: Non-political, carry out a great deal of research, expertise.• Disadvantages: No obligation on government to follow recommendations.


Pressure groups• Groups of people who ‘lobby’ MPs to introduce laws.• Interest groups or Cause groups• Interest groups: Further interest of a section of society.National Farmers Union, British Medical Association, Law Society.• Cause groups: Promote a particular idea or belief.Greenpeace, RSPCA, Fathers 4 Justice, Jamie Oliver (school meals).

http://www.youtube.com/watch?v=KFTnap4wfeM




Media and Public Opinion• Media can exert considerable amounts of pressure and bring issues to public attention. • Can support pressure groups.• TV and radio have to have political balance but newspapers do not.• Media pressure can influence public opinion and lead to new laws (Dangerous Dogs Act 1991, Sex Offenders Act 1997)(NB – This isn’t always a good thing – DDA is one of the worst drafted laws because of the speed with which Parliament wrote the law to respond to public outrage at dog attacks on children.)


Reaction to events• Dunblane incident – Firearms (Amendment) Act 1997.• Good Friday Agreement – Northern Ireland (Elections) Act 1998.• 9/11 – Anti-Terrorism Crime and Security Act 2001Individuals• Join a political party or pressure group.• Put forward comments at consultation stage.• Write to your MP.

European Union Law and European Court of Human Rights• International treaties/law bind the UK Parliament.



BillGreen Paper/ White Paper

Act of Parliament


Green Paper/ White Paper

Consultation papersSet out proposals and invite comments.Green Papers – early in process, consultation period usually 6 months, anyone can comment.White Paper – sets out firm proposals after taking into account Green Paper comments.

Support and aspiration: A new approach to special educational needs and disability, March 2011.Updated May 2012.


BillPublic

BillPrivate

Bill

Government Bill

Private Members’

Bill

50-60 Government Bills a year.Around 100 Private Members’ Bill proposed, only around 10 are successful.


House of Commons

House of Lords Royal

Assent

Royal Assent

House of Lords

House of Commons


First Reading

Second Reading

Committee Stage

Report Stage

Third Reading

Bill starts in House of Commons

Passes to

House of Lords


First Reading• Formality, announcement of new Bill.• Title and main aims announced and copies distributed.• No debate.• Verbal vote to decide whether Bill should progress.• Many Private Members’ Bills don’t go beyond this stage.


Second Reading• House debates the whole Bill, can be hotly contested. • Take a vote on whether Bill should continue.

Committee Stage• A Standing Committee examines each clause in the Bill in great detail.• Can make detailed amendments, some are technical to improve language in the Bill others are intended to alter or destroy the meaning and intention of the Bill.


Report Stage• The House as a whole reviews the amendments made at the Committee Stage.• Either accept or reverse amendments.

Third Reading• Immediately after the Report Stage.• Final draft of Bill is approved and passed to Lords.

http://services.parliament.uk/bills/


The same process is then completed in the House of Lords.Some small differences: At Committee Stage the detailed examination of the Bill takes place in the House not in a smaller Committee.

If the Lords amend the Bill in any way it must return to the Commons.The Commons can accept (90% are) or restore the Bill to its original form.If contested the Bill would then return to the Lords, can become a to-and-for process.Usually the Lords that gives in but if Parliament is near the end of a session the Commons may accept the Lords’ amendments.


If a Bill is still completing the process at the end of Parliament most cannot be carried over. A small number of Bills are now allowed to be carried over.Parliament Act 1991 & 1949If disagreement continues between the Commons and Lords the Commons can overrule the Lords. If a Bill is passed in two consecutive years in the Commons but defeated in the Lords the Bill can be sent for Royal Assent without the Lords consent.Only been used 4 times since 1949:• War Crimes Act 1991 (Nazi war criminals)• European Parliamentary Elections Act 1999 (European elections procedure)• Sexual Offences (Amendment) Act 2000 (legal act of gay sex)• Hunting Act 2004 (banned hunting with dogs)


Private Bills• First and Second Reading are the same.• Then goes to a special Private Bills Committee made up of members from both Houses.• Then returns to the floor with the Committee’s recommendations.

How is a law created

Royal Assent• Once a Bill has completed its journey through the Houses of Parliament the Queen must give Royal Assent.• This has become a ‘rubber stamp’ and as a politically neutral person the Queen will always give consent.• Monarch must support the policies of the current government.• Meets with the PM once a week.

Passage of a Bill:http://www.youtube.com/watch?v=rOl7Y1GeDVshttp://www.youtube.com/watch?v=z-Ni-h8R2d0&NR=1&feature=endscreen


Use the information and diagrams to record the passage of a Bill.

Create your own diagram but in detail to explain the process.

Which are the key pieces of information? Can you be concise in your explanation while still being accurate?

Parliamentary Supremacy?

Traditional view – Parliament is supreme, can make or unmake any law.

However, the UK is now restricted by its EU membership and other international treaties, such as the European Convention on Human Rights.

If a new EU law is introduced the UK Parliament must respond.Or if a case comes from the European Court of Human Rights this can effect UK law.Sutherland v UK led to the Sexual Offences (Amendment) Act 2000 bringing the legal act for gay sex to 16 years in line with heterosexual sex.

MPs – an unpopular job?

Work as an MP:http://www.videojug.com/interview/life-of-an-mp-2

Parliament and law making

Education

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