Legislation By the end of this unit, you will be able to [AO1]: Describe how a bill becomes an Act of Parliament. Explain the different types of bill and when they might be used Describe what is meant by the terms separation of powers, sovereignty and supremacy Understand and explain the constitution of Parliament. You will also be able to evaluate [AO2]: The current process of law making in Parliament Homework: Write up your response to the Cii question on p.9, as well as the questions below. Using the source, answer the following questions: a. Describe the process by which a Bill becomes an Act of Parliament. [15] b. Using the source, and your own knowledge, explain which type of bill is most appropriate in each of the following circumstances: i. James Smith, MP, Minister for the environment wants to pass a law banning people from owning more than one car. [5] ii. Susan Jones, MP, wants to introduce a law aimed at ensuring that all children stay indoors until the age of 5. [5] iii. Queensbury School sponsors a Bill wanting to become a university. [5] End of Unit Assessment In order to see how you are progressing in your studies at AS, you will complete a factual test at the end of the next unit (delegated legislation) cover both topics. You will also be required to complete the homework above, to demonstrate your understanding. Key Terms Bill Statute Parliament Royal assent Public bill Private members bill Separation of Powers Private bill Ping pong The other place Green paper White paper Sovereignty Supremacy 1
What do you know about Parliament? Below are 20 Questions about Parliament and the People who sit in there. How many can you answer accurately? 1. Who is the speaker and what does he do? 2. How many MPs are there in the House of Commons? 3. What is the difference between Parliament and the government? 4. How often do we have general elections? 5. What would happen if the government lost support for its policies? 6. How do we decide who is the Prime Minister? 7. What are ministers? 8. What is a proposed new law called? 9. How many members are there in the House of Lords? 10. What are the members of the House of Lords referred to as? 11. Name the three different types of people in the House of Lords 12. What does the Queen do in Parliament? 13. What is the current coalition government majority in the House of Commons? 14. Name one bill currently before Parliament 15. What are cross benchers? For your last five marks, name the people below and their jobs: 2
What Powers does Parliament have? Before we look at how Parliament passes laws, we have to look at what powers it actually has. This means looking at a bit of theory these terms are used a lot in the law, so get used to them! 1. Separation of Powers This is one of the key political theories which underpins the whole idea of democratic government. Montesquieu argued that the best way to set up a government was to divide it into three branches, and ensure that each branch could check and balance the power of the others. This meant that no one person or institution could dominate the system and form a. EXECUTIVE LEGISLATIVE JUDICIAL The day to day running Create the law Enforce the law of the government in our system... in our system... in our system... Challenge: Can you identify one problem with our implementation of separation of powers? In normal language, this means that Parliament should not have all the power, but share it with others. As you will see during the course, this is not always the case! 2. Parliamentary sovereignty This means that Parliament can pass what ever laws it likes. If they want all 16 years olds to wear red on Tuesdays, they can do it! Equally, it also means that it can t limit the power of future Parliaments to make laws, or be bound by a past one. 3. Parliament is the Supreme Law Making Authority The argument is that as we elect them, and they reflect our will, wishes and desires, they are the ultimate law making power. No other body should have the power to overrule them, or set aside one of their acts. Trouble! It appears that both these theories may not be perfect (well, they were invented in the 19 th century!) and are now limited. European Communities Act 1972 We gave up power to legislate in some areas to the EU, and this has even resulted in UK courts setting aside our laws in favour of the EU. Factortame. Human Rights Act 1998 The court can issue a declaration of incompatibility with provision of ECHR, and we should then change our law. Devolution 1998 We gave away power to legislate in some areas to local governments in Scotland, Wales and Northern Ireland. 3
Making a New Act of Parliament 1. Pre-legislative stages Where do we start? Well, with an idea! We get these ideas from various places. Five of them are hidden in the word search. Can you find them and explain what they mean? Source of Law: Means: Consultation: This is before the Bill goes before either house. This is where the government asks for the input of other people or organisations so see whether the Bill is necessary, covering the correct areas etc. Should the response be negative, the government may withdraw the Bill before it is even presented to the House. Consultation Stage One: They are issued by the Minister responsible for the area. Green Paper Consultation Stage One: White Paper This is most likely to reflect the eventual law, and this is really a fine tuning of the draft stages. These are far more accessible in language than the actual law! Once the law passes this stage, then the parliamentary draftsmen being putting it into legal language and forming a bill. 4
The last pre-legislative stage A bill is: Student Task: Last Lesson you had the three main types of Bill explained, and were given a range of examples. You are going you use your memory and understanding to complete the table below, illustrating the different types with at least two examples Type of Bill Means Examples Public Private Members Private Hybrid Murder (Abolition of the Death Penalty) Act 1965 Channel Tunnel Act 1987 Criminal Justice Act 2003 Kent (Filming on Public Highways) Act 2011 Universities of Manchester Act 2004 Human Rights Act 1998 Abortion Act 1967 Crossrail Act 2008 Practicing AO2: Apply the law to the following situations, explaining which types of Bill would be the most appropriate and why. i. James Little MP, and Minister for the Environment wants to introduce a law aimed at banning all plastic bags from shops. ii. Queensbury School is sponsoring a Bill which will allow it to become a university. iii. Sarah Rowe MP wants to introduce a law which requires that all people over the age of 70 move into an old people s home, allowing others to buy their houses. 5
2. Legislative Stages A bill can start in either House, with one exception:. These bills must start in the Commons. Let s assume our bill is starting in the Commons. Stage Description Key terms or Questions What is the purpose of this stage? First Reading Second Reading Division Three line whip Reasoned amendment Public Bill Committee Clause What about finance bills? What about the House of Lords? Report stage What happens if there are no amendments from the Committee? 6
Why does the whole house have to approve them? Third Reading Other Place What is the purpose of having the second chamber? Stages in the Other place: Ping Pong Royal Assent Has a monarch ever refused consent? Date of Commencement Easter Day Act 1928 Human Rights Act 1998 7
AO2: Some issues with the Process When Parliament is making laws, it can run into a number of difficulties 1. The House of Lords refuse to pass a House of Commons Bill. Parliament Acts of 1911 and 1949 say that the House of Lords can only delay legislation; they cannot refuse to pass it. Often, if they do refuse it will result in the House of Commons dropping the legislation, as it gives them a chance to think again! The only exception to this, are money bills. They cannot delay these under any circumstances. This power has only been used rarely. Example Why did the House of Lords Refuse? Do you agree? Why/ why not? Hunting Act 2004 You are going to find out all about this as one of your independent study topics for this section of the course War Crimes Act 1991 2. The Legislation is rushed through too quickly and doesn t receive proper scrutiny Sometimes Parliament can rush through legislation. This might be in response to a decision of the courts, campaigns of newspapers etc. An example of what can happen: Dangerous Dogs Act 1991 This was rushed through as result of a number of attacks on small children by dogs. But, it has proven quite a toothless piece of legislation (ha ha!). Two problems: 1. It was badly worded: any dog of the type known as pit bull terrier 2. It only applied to public places 8
cii. Developing your AO2 With reference to the source, and your own knowledge, discuss the disadvantages of the current legislative process [15] Home Secretary Charles Clarke is facing opposition to his latest anti-terror laws on many fronts - not least the fact he is attempting to rush them through parliament in a matter of days. Conservative spokesman David Davis has expressed dismay at the speed with which Mr Clarke is planning to force through the controversial Bill, declaring: "Parliament needs more time to debate these issues. Our civil liberties and system of justice are worth more than two days of hurried decisions." 5 It is a view shared by the Liberal Democrats and many on the Labour backbenches, particularly those with long memories who recall other hurried laws that proved deeply flawed. One of the most notorious rushed laws was introduced by the Tory government in 1991 after a spate of headline-grabbing attacks by the then latest fashion accessory - Pit Bull terriers. 10 Pictures of children who had been mauled or worse, by the pets were more than any government could stand and they rushed through laws to, in effect, ban a list of dogs deemed dangerous. Howls of protest followed as owners claimed their harmless pets were being threatened, while breeders and dog lovers found ways around the laws. And, needless to say, fashions changed and new, equally macho breeds which didn't fall under the laws appeared on what seemed to be an almost daily basis. From BBC.co.uk 15 Introduction Main Point Because Illustration/ And However because Conclusion 9
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