Parliament and Domestic Legislation

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Parliament and Domestic Legislation

• Taken from Chapter 2 of AS Law
• By Vanstone, Sherratt and Charman
• Also see
• AS UK Government Politics by Garnett Lynch
• British Politics in Focus AS Level by Roy
  Bentley et al
• PRECIS NOTES WILL BE CHECKED
• Presentation produced by
• Dr Peter Jepson.

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Silence in this Lecture

• Turn off your mobile
• Take notes
• Please raise your hand if you have any question
• Do not eat food in this classroom

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Domestic Legislation

• UK Parliament makes our National Laws
• Known as Domestic Laws which apply in the
  United Kingdom (or part of it) only

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What is Parliament?

• Parliament consists of House of Commons House
  of Lords and The Monarch all three must consent
  for law to be established

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House of Commons

• Consists of 659 M.P.s.
• Each elected by a simple majority to represent a
  constituency.
• Can you NAME YOUR MP?
• Who can stand for Parliament?
• To whom is an MP accountable? Himself? His Party?
  The electorate?

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House of Lords

• Known as the second chamber. Been in existence
  for hundreds of years
• Until 1999 there were over a 1000 peers the
  vast majority hereditary and some life peers.

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House of Lords

• In 1999 the government reduced the number of
  hereditary peers as an interim measure until
  abolition of them down to fewer than 100.
• This mean that the hereditary principle was
  abolished.

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House of Lords

• Life Peers are now the majority
• Jack Straw has made proposals for bringing in an
  elected element but the Cabinet is split
• Royal Commission has suggested a mixture of
  elected and nominated
• What would be the impact of a fully elected H of
  L?

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Legislative Process

• Most Bills are introduced by the govt and called
  Public Bills.
• Most senior members of the Govt form a Cabinet.
• Cabinet is headed by the PM
• Cabinet Ministers tell civil servants what the
  policy of govt is and Senior Civil Servants tell
  Ministers what need to be done.

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Public Bills

• Cabinet agrees which proposals will become public
  bills
• Then drafted by draftsmen called Parliamentary
  Counsel
• Generally while drafting is being established
  there will be a public consultation via a Green
  Paper and White Paper process.

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Public Bills

• Green Paper sets out the general aims and invites
  response (often using the internet or by
  invitation)
• White Paper gives more detailed proposals
  followed by a further period of public
  consultation
• Should gov have to consult with the public when
  formulating policy?
• Should gov organise online petitions (i.e. recent
  road tax proposals)?

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Public Bills

• The Bill, once drafted to the approval of
  Minister(s), is then sent to one of the Houses
  (usually H of C).
• First Reading formal reading out of the title.
• Second Reading Explained by Minister followed
  by a political debate. Sometimes - if no
  discontent - this involves a Second Reading
  Committee

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Public Bills

• Committee Stage follows the second reading.
  Possibly 18 MPs proportionate to party in
  House - who know the subject area. They go line
  by line through Bill
• Third Reading Something of a formality since
  there can be no changes to the substance of the
  Bill

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Public Bills

• The whole process is then repeated in the House
  of Lords (except the H of L does not have
  Committees so the whole House becomes a
  Committee).

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Public Bills

• Any amendments will only be effective if agreed
  by H of C.
• Major function of H of L is to invite the H of C
  to reconsider
• If agreement not reached, Commons may send the
  Bill for Royal Assent after a year.
• Lords have no power to amend Finance/Money Bills

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Royal Assent

• Pure formality not even undertaken by the
  Monarch in Person.
• Once it reaches Royal Assent stage it should
  reflect the General Will of the people
• Students should produce a flowchart showing the
  legislative route

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Private Members Bills

• These are Bills introduced by individual MPs.
• About 12 per annum.
• MPs names drawn at random.
• Abortion Act 1967 David Steel MP.
• Pte Members Bill can show support that leads to a
  Public Bill e.g. Protection from Harassment Act
  1996.

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Parliamentary Supremacy

• Can Parliament make any law it chooses?
• Cheney v Conn (1968) if two acts conflict the
  most recent applies. Judge said It is not for
  the Court to say that a Parliamentary enactment,
  the highest law in this country, is illegal.

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Some questions

• Which is supreme the EU or Parliament?
• Can Parliament pass an Act that is in breach of
  Human Rights?
• Does the PM dictate what is to become law?
• Which is supreme the Courts or Parliament?

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Break into Pressure Groups

• Discuss and then present to class
• What is the role of the whips in the legislative
  process?
• What is a three line whip?
• What is a two line whip?
• What is a one line whip?
• How do whips apply pressure on MPs?

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See the next slide for more issues
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Debating the whip system

• What are the arguments for and against having the
  whips system?
• What factors should influence an MP in how he/she
  votes (i.e. moral conviction, commitment to
  manifesto)?
• Should these issues be whipped? Iraq war,
  abortion, legalising drugs, tuition fees,
  capital punishment.

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In Pressure Groups

• How do Members of Parliament scrutinize
  legislation?
• Is the PM seemingly more accountable to the press
  than Parliament?
• What does the Nolan Committee do?
• What are the Parliament Acts and what do they do?

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Delegated Legislation

• Three examples of delegated legislation
• Orders in Council (What are they - give
  examples?)
• Statutory Instruments (What are they - give
  examples?)
• ByLaws (What are they - give examples?)

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The need for delegated legislation

• Parliament does not have time to pass Acts.
• Lack of technical expertise amongst MPs
• Ministers benefit from further consultation.

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Parliamentary control

• Affirmative resolutions
• Negative resolutions
• Scrutiny Committee (set up in 1937). What are the
  main grounds for a referral back to the H of C?
  Are its powers limited?

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Control by the Courts

• Ultra vires - by way of Judicial Review
• R v Home Secretary ex p Fire Brigades Union
  1995
• Strictland v Hayes Borough Council 1896
• Aylesbury Mushroom case 1972
• R v Sec of State for Education ex p NUT 2000

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A question to be answered

• Can you list ways that a Citizen can influence
  Parliament when it is making a law?

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Break into Pressure Groups

• Produce a list of arguments FOR and AGAINST
  delegated legislation make use of the roving
  keyboard.

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