Transcript Slide 1
Key words: Sunday, April 26, 2020
How do you make legislation?
To introduce the legislation process To be able to explain the basic types of bills
https://www.youtube.com/watch?v=rOl7Y1GeDVs&index=47&list=PL03FFE1F0B34AA057 Both parts
Match the correct heads and tails
Heads
Original legislation Consolidating legislation
Tails
Designed to alter an existing Act. These alternations can be minor in their effect or they may represent quite substantial changes in the existing Act.
Designed to bring together laws previously contained in a number of Acts purely so that they can all be found in one place. There is no real change in the law at all.
An entirely new law.
Codifying legislation Private Bills Public Bills Introduced by backbench MPs. Around 10% of time in Commons is spent on this type of Bill. Most common way to do introduce this type of Bill into Parliament is through a ballot held every 12 months. MPs wishing to introduce this type of Bill can enter their names in the ballot and 20 names are drawn. Due to the very limited time set aside for debating these Bills, chances of a Bill becoming an Act are small.
Apply only to a particular area, a specific organisation or a certain section of the population, rather than to the country as a whole.
Private Members’ Bills Majority of Bills through Parliament are aimed at the society as a whole.
Most of these type of Bill are introduced by the govt and therefore described as ‘government Bills’.
Feedback
Heads
Original legislation An entirely new law.
Tails
Consolidating legislation Designed to bring together laws previously contained in a number of Acts purely so that they can all be found in one place. There is no real change in the law at all.
Codifying legislation Amending legislation Brings laws previously contained in a number of Acts together in one place as well as incorporating the common law into statute.
Designed to alter an existing Act. These alternations can be minor in their effect or they may represent quite substantial changes in the existing Act.
Feedback
Heads Tails
Private Bills Apply only to a particular area, a specific organisation or a certain section of the population, rather than to the country as a whole.
Public Bills Majority of Bills through Parliament are aimed at the society as a whole. Most of these type of Bill are introduced by the govt and therefore described as ‘government Bills’.
Private Members’ Bills Introduced by backbench MPs. Around 10% of time in Commons is spent on this type of Bill. Most common way to do introduce this type of Bill into Parliament is through a ballot held every 12 months. MPs wishing to introduce this type of Bill can enter their names in the ballot and 20 names are drawn. Due to the very limited time set aside for debating these Bills, chances of a Bill becoming an Act are small.
Influences on Parliament
Role to suggest practical reforms to existing law EU membership means commitment to incorporate EU directives into legislation
Pressure groups representing particular interests or concerns, e.g. teaching unions
Parliament is the supreme lawmaker Statutory laws must be applied by the courts and take precedence over any existing common law Effect of Human Rights Act 1998 is new Acts must be compatible with it but will still be applied by the courts even if they are not European Unions laws take precedence over UK statutes, and therefore Parliament is no longer sovereign over EU matters Parliament devolved some power to Scotland, Wales and Northern Ireland in 1998, but it still remains sovereign in the UK
The four main stages of the legislation process 1. Idea stage: the source of ideas, such as the Law Commission, Royal Commission reports, manifesto promises etc.
2. Consultation stage: the idea is discussed with experts and interested parties and a Green Paper is formulated. This is known as a ‘discussion document’. The finalised version of the idea is then produced as a White Paper, which is the government’s ‘statement of intent’.
3. Drafting stage: the idea is written into legal terminology by the Parliamentary Counsel. It has now become a bill and is ready to be presented to Parliament.
4. Parliamentary stage: stress that this is the most important of the stages in the process and the main focus of the AS specification on this topic.
Learning phase one
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Using the information contained on the following slides create a flow diagram on the A3 paper provided to illustrate the four main stages of the legislation process.
Idea stage Consultation stage Drafting stage Parliamentary stage https://www.youtube.com/watch?v=1KFGt9M j28&list=PL03FFE1F0B34AA057&index=40
Idea stage
Idea stage Consultation stage Drafting stage • Parliamentary stage • • Before a Bill is drafted and introduced into Parliament by the government, there is often a period of consultation.
Professional organisation, employer bodies, trade unions, and charities are examples of the kind of organisations which may be put forward a view on the merits or otherwise of proposed laws.
Groups of people campaigning on specific issues often actively ‘lobby’ (seek to influence) MPs to try and win their support for changes in the law. Greenpeace and Age Concern are examples of pressure groups.
Green stage
Idea stage Consultation stage • Drafting stage Parliamentary stage • • Part of the consultation process may be the publication by the government of a Green Paper.
In this, the government sets out its reasons for wishing to create new laws and it puts forward broad proposals as to what form new laws will take.
Responses are invited to the Green Paper.
Sometimes the views expressed in a consultation period new laws should take.
change the government's thinking on the form that
White Paper
Idea stage Consultation stage Drafting stage • • Parliamentary stage • • • A white paper is produced containing more detailed proposals for law. The approach contained in a White Paper is likely to be the one used in a Bill. An example is the White Paper Justice for All (published in 2002) which set out some significant changes to the way in which the criminal courts operate.
Bills are worded in dry and precise language because of the need for certainty and precision in the law.
Green and White Papers, on the other hand, are formal reports discussing issues and containing a summary of proposals. People without legal training can read them more easily.
Not all Bills are preceded by Green and White Papers.
Green papers have been used less often in recent years, in favour of more informal consultation papers.
Once consultation is over, a Bill is drafted and put before Parliament.
From Bill to Act of Parliament
Idea stage Consultation stage Drafting stage • • • Parliamentary stage • A Bill has to pass through a number of stages in both the Commons and the Lords before it can be given Royal Assent and become law. Most Bills can start off in either House, but it is usual for Bills where there are likely to be major differences of opinion between MPs to start in the Commons.
Public Bills involving changes in taxation or public spending must begin in the Commons.
The stages are almost the same in both Houses.
Remember that if a Bill fails to win a majority vote in either House it will not become law unless there is a another attempt to take it through the different stages in Parliament at a later date.
Drafting stage
Idea stage Consultation stage Drafting stage Parliamentary stage • • The bill is drawn up by Parliamentary Counsel, a group of specialised lawyers experienced in the drafting of bills and who act on the instructions of the relevant government department.
They aim to ensure that the proposed law is written exactly as the minister intends and that is clear and unambiguous.
Parliamentary stage
Idea stage Consultation stage Drafting stage • Parliamentary stage • • • A Bill cannot become an Act of Parliament until it has been passed by both Houses of Parliament.
The introduction of the draft bill into Parliament starts the formal process.
The procedure consists of a number of stages and the process may start in either the House of Commons or the House of Lords.
However, finance bills must commence in the House of Commons, because, as the elected House, it has to control the raising and spending of public finance.