Transcript Topic 6 Law reform 1. Influences on Parliamentary Law Making Topic 6 Law reform Lesson Objectives: • Describe a range of influences on Parliament • Give appropriate examples.

Topic 6
Law reform
1. Influences on Parliamentary
Law Making
Topic 6
Law reform
Lesson Objectives:
• Describe a range of influences on
Parliament
• Give appropriate examples of each
influence
• Evaluate the effectiveness of each
influence
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What is Parliament?
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The supreme law-making body in the United
Kingdom.
Who is it made up of?
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Influences on Parliament
The government may be influenced by organisations in
changing existing laws or making new ones.
It may seek the advice of different organisations to help it
formulate its policy.
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Law Commission (1)
The Law Commission Act 1965 set up the Law Commission as
a permanent body. It consists of five legal experts chosen
from the judiciary, legal profession and legal academics. Its
job is to:
• identify areas of law where reform is necessary
• codify the law
• repeal obsolete laws
• consolidate and modernise the law, for example the
Family Law Act 1996 changed the law on divorce
What are the advantages and disadvantages of codification?
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Law Commission (2)
The Law Commission’s role in repealing obsolete legislation
is more straightforward.
The Statute Law (Repeals) Act 1998 repealed over
150 complete Acts of Parliament, which were outdated.
Parliament is not always keen to find time to pass the Law
Commission’s draft bills, e.g. the lengthy Draft Criminal
Code.
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Law Commission (3)
Around 70% of the Law Commission’s proposals
eventually become law, but a lot of the work that it does is
disregarded.
The government is not obliged to pass any of the Law
Commission’s recommendations.
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Advantages
• Possess considerable legal and nonpolitical expertise
• Considerable research conducted
• Well informed recommendations
• Independent body (not just areas which
the government wants to focus on are
looked at)
• Works on its own initiative – not the
government’s
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Disadvantages
• Only about a third of it’s recommendations are
implemented
• The government is not obliged to implement it’s
proposals
• Proposals do not always suit the government’s
agenda
• Lack of power
• Lengthy process which can take years
• Conducts 20-30 investigations at a time
meaning each one might not be as thorough as
it could be
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Royal Commissions
Royal Commissions are groups of independent experts who
are asked to consider a specific area of concern in the law.
They are set up on an ad hoc basis and work part time to
investigate issues and then formulate their proposals.
Examples of Royal Commissions include the Runciman
Commission, the Pearson Commission 1978 and the
Wakeham Commission.
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Other influences on Parliament
• public inquiries
• media
• pressure groups
• manifesto promises
• european Union law
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Public inquiries
Public inquiries are usually set up after a serious event or
disaster, e.g. the Taylor Report (set up after the
Hillsborough disaster) and the Cullen Report (set up after
the Dunblane tragedy).
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Media
The media may campaign for a change in the law,
e.g. reports concerning pit bull terriers attacking
children led to the Dangerous Dogs Act 1991.
Criminal Justice Act 2003 – ‘double jeopardy’ rule.
The campaign to ‘name and shame’ paedophiles
after the death of Sarah Payne was, however,
unsuccessful.
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Advantages
• Raise government awareness of certain
issues
• Voice the public opinion
• Can support pressure groups
• Raises public awareness – pressures the
government into making reforms as they
are answerable to the electorate
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Disadvantages
• Newspapers have political allegiances
• Media outlets are looking to make profits
(sex sells)
• Can easily whip up moral panic
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Pressure groups
The Fathers 4 Justice campaign uses publicity stunts
(known as ‘direct action’), but so far it has been
unsuccessful. However, gay rights groups were successful
in getting the age of homosexual consent lowered from
18 to 16 in 2000.
Pressure groups may ‘lobby’ Parliament, e.g. trade unions
lobby MPs to get better rights for workers.
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Sectional Pressure Groups
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Sectional or interest groups exist to further the interests of
a section of society
e.g. National farmers Union, British medical association
The degree of influence depends on whether the
government supports their particular interest.
Large groups have a lot of members and usually affluent
and connected members meaning the government will
usually take on board what they are saying.
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Cause Pressure Groups
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Cause groups promote a particular idea or belief.
e.g. Greenpeace, RSPCA, Fathers 4 Justice, Jamie Oliver
Usually have less influence than sectional groups.
Less likely to be consulted regarding the creation of laws
as they do not really have close links with government
ministers or departments.
Well organised groups are able to publish their ideas with
good impact and generally have the support of the
public.
Sometimes it can be just one person campaigning for a
certain cause – Mary Whitehouse, Jamie Oliver.
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Advantages
• Have a broad range of tactics to raise public
awareness of their cause – Fathers 4 justice
(what do they do?)
• They can help keep the government in touch
with the issues that the public believe are
important – global warming
• Huge numbers – some groups have more
members than political parties
• Pressure groups have considerable expertise as
they will need to put their point across
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Disadvantages
• Biased in favour of their cause – don’t give
both sides of the argument
• Passionate views can lead to undesirable
tactics – criminal behaviour
• Lots of groups have no access to ministers
• Opinions held by these groups may only
be those of a small number of people
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Manifesto promises
Political parties publish their proposals for new laws in a
manifesto before a general election.
The Labour Party’s manifesto in 1997 promised reforms to
the House of Lords, which have been carried through.
The Conservative Party promised the introduction of the
poll tax in its 1987 manifesto.
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European Union law
If UK law does not conform to EU law, Parliament must
create a new law.
For example, the Sex Discrimination Act 1986 was
created to improve protection of female workers.
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Your Task
• Create a table that explains each of the
following:
• What the law commission does:
• What pressure groups do (both types):
• What the media does:
• To influence parliamentary law making
• Then for each influence explain the advantages
and disadvantages
• Then give 2 appropriate examples of each
influence
• Then give your opinion on the effectiveness of
each influence