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Parliamentary Law-Making
This is a key part of democracy. Its where societies
elected representatives create law in Parliament. This
consists of House of Commons, House Of Lords and
Royal Assent.

By Harry Matthews

House of Commons
The House of Commons are made up of elected MPs.

These MPs are elected every five years in a general election. However
there can be bi-elections, meaning an MP may be elected before the
general election due to circumstances.

The Government usually has the majority in this house meaning it is easy
for them to pass legislation.

There are currently 650 MPs but government and looking to reduce this.

The House of Commons is often where a Bill starts.

House Of Lords
This house is made up of unelected lords. These can be people who
have hereditary peerages, life peerages and can be senior bishops in
the Church of England.

House of Lords used to have 12 senior judges but they were moved to
the Supreme Court so that they had no affiliation with Parliament or
Government.

There are around 800 lords in the House of Lords and the majority of
them are life peers.

Can also start a bill on controversial topics that the government doesnt
want to be seen to do. E.g. Abortion Act 1967.

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The Law Commission 1965 -
Influences on Parliament
The Law Commission was founded in 1965 to look and consider areas of
law that is in need of reform.

1. Topics can be referred by the Lord Chancellor on behalf of the government. The Law
Commission can also seek to report law they feel is in need of reform with government approval.

2. The Law Commission researches a specific area of law

3. Then it publishes a consultation paper where it asks views on possible reform.

4. The Law Commission then draws up the suggested reform with a bill attached ready for it to go
through Parliament.

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The Law Commission - Key
Concepts, Ads and Disads
Codification: All law on the topic researched will then be in one Act making it
simpler and easier to find. E.g. Coroners and Justice Act 2009

Repeal: The Law Commission also repeals old laws and acts that are no
longer in use or relevant. By 2014 3,000 repeals had been made.

Advantages: Its researched by legal experts, It consults before finishing

proposals (public feedback), Whole area of law can be considered not just small
issues by government, All relevant law will be in one Act. E.g. Land Registration
Act 2002 - easier to follow/understand.

Disadvantages: They have to wait for government to implement their proposals

which they may not (Murder reform proposals and Non-Fatal offences are still
waiting to go through Parliament), Law reforms will only work if Parliament can
find the time (Not a lot of time), Parliament may not agree with the Law
Commissions bill and change wording without extensive research.

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Politics - Influences on
Parliament
At the time of a general election all political parties publish a manifesto which
is a list of reforms they wish to carry out if the are elected.

If the party is elected then these reforms are more than likely to occur due
them having a mandate to govern.

These reforms are often stated in the queens speech where she states what
her government are going to do for that year

Advantages: The Government will have the have been elected which means
the public will know what they wish to do. The Government will also have the
majority in Parliament so will virtually get any law passed.

Disadvantages: When the next party gets into power they can reverse laws
passed through old governments. This is costly, takes time and can make the
law confusing to understand.

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European Union Law -
Influences on Parliament
As Britain is a current member (joined in 1973) of the European Union
the government has to bring into effect any new legislation passed the
the EU. This is usually done through an act of Parliament. E.g. Sex
Discrimination Act 1986 was was made law due to the EU.

Advantages: Creates all EU countries to have uniformity. (Be alike,

uniformed and helps create a lack of diversity throughout the EU.

Disadvantages: Britain sometimes may not agree with this. The EU

stated that all products had to be measured in Kilograms before it
could be sold but citizens wanted pounds and grams. It is also
undemocratic as MEPs do not have any overall say on legislation
passed by the EU. (Less Parliamentary Sovereignty)

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Public Opinion/Media -
Influences on Parliament
Public opinion is usually taken into account around the end of a
Parliamentary term to win the majority in the next General Election.

The Media (TV, Newspapers, Radio, Magazines) can also have a large
impact on Parliament. E.g. The MPs expenses scandal in 2009 caused
outrage throughout the media which meant legislation was changed.

Advantages: Allows public opinion to be known to the government and

Parliament.

Disadvantages: This can sometimes cause problems as legislation will

be introduced fast, for example the Dangerous Dogs Act 1991 was
introduced swiftly due to the media which caused interpretation
problems. Media can also manipulate the news creating a change in
public opinion and attitudes.

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Pressure Groups -
Influences on Parliament
These are groups with a particular interest that bring up matters they care. They often
bring attention to their interest to the general public. There are two types of Pressure
Groups (Section and Cause PGs).

Sectional Pressure Groups - Represent a particular group of people and this often
includes work-groups and professionals. E.g. BMA

Cause Pressure Groups - Promote a particular cause such as Green Peace.

Pressure Groups cause the government to reconsider areas of laws or encourage them
to create law. E.g. In 2000 the age for homosexuals to consent was lowered from 21 to
16 due to equality. + 2007 Smoking Laws.

Advantages: Raise important issues which influence Parliament for good, there are
pressure groups on a wide range of issues that Parliament may not have thought about.

Disadvantages: Pressure groups can be seen as trying to impose ideas on the majority,
and they may have a conflicting interests.

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Lobbying - Influences on
Parliament

Some pressure groups try to persuade individual members of

Parliament to support their cause.

They may ask the MP to ask certain questions in a house sitting.

They may also ask the MP to seek a Private Members Bill on behalf of
the cause.

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The Pre-Legislative Procedure
- Government Departments
Each government minister has their own department of civil servants
and advisors that help them with the pre-legislative procedure.

The particular ministry who wants to change the law will draft ideas for
change and update the law for their area.

This is usually a consultation page put up on the departments website

where anyone can respond. This is to gain public feedback.

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The Pre-Legislative Procedure
- Green and White Paper
Green Paper: This will be published by a government minister. This is a
consultive document on a topic which the governmentss view is put
forward with proposals for law reform. This is for interested parties why
are usually invited to send comments to the relevant department. This
is so full consideration, of all sides, can be made and necessary
changes can be made to the governments proposals.

White Paper: Followed by the Green Paper. This is where the

government proposes the new law. All information and proposals will
be included and the changes will be made due to the consultative
Green Paper.

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The Formal Legislative
Process - Bill Categories
There are three categories that bills can fit into:

1. Public Bills: Involves the matters of the public policies (affects the general public).
E.g. Legal Aid, Sentencing, Punishment and Offenders Act 2012.

2. Private Bills: Affects a particular person, organisation or place. E.g. Whitehaven

Harbour Act 2007 - Affects Whitehaven Town.

3. Hybrid Bills: A Cross between public and private bills. E.g. Crossrail Act 2008.

There are two types of Bills:

A. Government Bill > Introduced by the government and is often wrote by lawyers
in the civil service. E.g. Legal Services Act 2007.

B. Private Members Bill > Introduced by private, backbench MPs. E.g. Household
Waste Act 2007.

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Parliamentary Process -
House of Commons
1. First Reading: This is where the name and aim of the bill is read out in
Parliament. Usually no discussion or vote takes place but can.

2. Second Reading: This is the main debating stage where MPs ask
questions and have a formal vote.

3. Committee Stage: A smaller group of chosen MPs look at the bill in detail
and make amendments.

4. Report Stage: The amendments are reported back to the HOC where MPs
vote on them.

5. Third Reading: This is where the final vote takes place and a bill is unlikely
to fail. There will only be a further debate if at least six MPs request one.

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Parliamentary Process - House
of Lords + Royal Assent
6. The bill then heads to the House of Lords where there are three options
given:

Option One: It goes through the HOL like it did in the HOC and they agree
with the bill meaning it can progress to stage 7.

Option Two: Goes though to the HOL like HOC but they want to make
amendments. Creating a ping-pong through both houses.

Option Three: They HOL can disagree with the bill and block it for a year under
the Parliament Act 1911 and 1949. Can only be blocked for a year otherwise
this would mean they are more powerful than an elected body.

7. The Royal Assent: This is where the king/queen gives approval of the bill and
sometimes this is where the bill is delayed to train lawyers and judges on the
new law. E.g. Human Rights Act 1998 wasn't enacted until 2000. However if
Parliament have not stated for this to happen it will be enacted midnight of the
passing.

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Parliamentary Sovereignty
Parliament can create legislation on any subject matter without out
seeking approval.

Parliament is not bound by itself or anything/anyone else. There they

are the highest law-making body in the UK.

Parliament can not be overruled by anyone or anything.

However there are limitations on Parliament, for example EU law

overrules Parliament. Human Rights Act 1998. Although it is important
to note that the current UK government are wishing to leave the EU due
to the outcome of a recent referendum which means the UK will
distance itself from EU law.

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Advantages of
Parliamentary Law Making
Democratic: It is democratic as the law is made by elected official unlike judge
made law where they are unelected. This is due to MPs being elected every five
years by the electorate and they can be voted out at any time. (HOL are not
elected but cant veto a bill).

Full Reform: Allows full reform of major areas where as judges can only reform
certain areas of the law.

Ability to delegate: Allows detailed laws to be made in specialist areas.

Thorough System: Parliament is a very thorough system that has high levels of
scrutiny as it goes through two houses. It has 3 readings and 2 stages to make
sure all mistakes are removed and judge made law doesn't have much scrutiny.

Certainty: Parliament can not be challenged or overruled so the law is very

uniformed and all together in one place where as judge made law is not.

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Disadvantages of
Parliamentary Law Making
Undemocratic: The House of Lords and the Royal Assent can be seen as
having an involvement even though they are not elected by the electorate.

Time: The Parliamentary Law Making process can be very lengthy and
slow. Sometime it can take months and the Royal Assent makes the time
longer.

Government Control: The government can be seen as being too powerful,

for example they bypassed the House of Lords for the Hunting Act 2004.

Interpretation: Sometimes what is in an Act of Parliament can

misinterpreted meaning judges can use statutory interpretation of using
the same act with different outcomes. Judges can decide outcomes that
Parliament may not have necessarily wanted. Hard for the public to
understand too.

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