Parliamentary Law Making

Parliamentary Law Making 

Green Paper: issued by minister putting forwards a proposal. Details specific issues. Points out possible courses of action. Step 1. 

White Paper:Firm proposals for law reform following green paper and consultation. Detailed. Opportunities for public to comment. 

·      First Reading 

o   Name of bill read and what it includes

o   Minister introduces Government Bill

o   Promoter introduces Private Member’s Bill; many of which do not get beyond this stage

·      Second Reading

o   Purpose highlighted

o   Debate. Amend. Vote

o   Crucial stage

·      Committee Stage

o   Specialist committee. Further amendment 

o   Detailed examination

·      Report Stage

o   Committee reports back. Further debates and vote.

·      Third Reading

o   Bill re-presented. Debate. Vote

o   Brief 

o   Major amendments cannot be made.

·      Other House

o   Tend to be HoL 

o   Same stages 

o   Amendments for other house to consider

·      Royal Assent

o   Monarch gives assent to make Bill an Act of Parliament

o   Some Acts come straight into action 

o   Some start on a specific date 

o   Sometime different parts of the Act can come into effect at different times = uncertainty 

Ping-Pong:Bill can be passed from one House to the other repeatedly before amendments satisfy both. 

Process can start in either House but finance bills must start in HoC, because as the elected House, it has control of public expenditure– Human Rights Act 1998 started in HoL

The HoL can delay a Bill for a year; more influence over HoC during the last year of gov’s run. 

HoL=unelected; provide checks and regulations; the Revising Chamber; further scrutiny

HoL cannot delay finance bills 

HoL reform: 1958 Life Peerages Act = future peers could not be given peerages that lasted only for their lifetime. 1999 House of Lords Act allowed only 92 peers to remain. 

Last time monarch refused to give assent= 1707; Queen Anne and the Scottish Militia Bill. 

Statutes = primary legislation

Types of Bills

·     Majority = public bills; subdivided into government bills and private members’ bills

• The bill is drawn up by the Parliamentary Counsel (a group of specialised lawyers experienced in drafting bills. 

Advantages

·      Scrutiny

o   Both houses and royal assent 

o   3 readings, 2 stages – open discussion

o   Poor drafting corrected

o   Opportunities for debate, scrutiny and amendment 

o   Parties within and outside Parliament comment on proposed law before it is formally introduced into Parliament 

·      Democratic

o   Monarchs role = formality 

o   Bill can only be delayed for 1 month

o   MP’s elected democratically 

o   MP’s put forward view of constituents 

o   Lords not democratically elected; cannot veto a Bill

·      Government control

o   Elected gov. via majority

o   Controls law making 

o   Put together a timetable 

o   Minister has specialist knowledge of own area of responsibility 

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