Legislation

The Making of Laws In the UK the power to make and change laws is held in Parliament. The UK Parliament is the legislature and consists of three elements: The House of Commons The House of Lords The Crown. The House of Commons performs a number of tasks but it is best known for probably its contribution to making new laws. New laws cannot be made by Parliament unless it has completed a number of stages in both the House of Commons and the House of Lords. The Queen also has to sign to give Royal assent – only then does it become a new law or an Act of Parliament. Bills can begin in either house.

The House of Commons The House of Commons has about 650 elected members of Parliament made up of all the various political parties and the Government of the day. The House of Commons is the most powerful part of Parliament. It can force laws through even though the Lords may disagree.

House of Lords Act 1999 Currently going through major reform to remove role of hereditary peers The House of Lords made up of: Hereditary peers who have inherited their title – 92 of them (soon to lose their right to sit in the Lords) Life peers Some bishops and judges There is an argument going on over who should sit in the Lords and whether some or all Lords should be elected In 2007 the House of Commons voted in favour of a completely elected House of Lords The House of Lords

The Monarch The Queen is a CONSTITUTIONAL MONARCH Queen Elizabeth II is HEAD OF STATE. The Queen is a FIGUREHEAD – her powers are limited by the laws and customs of Britain. The Queen is head of: The armed forces. The Church of England. The legal system. The country is governed in her name.

Pre-Parliament Process Pressure for new laws comes from a variety of sources, the main ones are: Government Policy EU Law Law Commission Report Reports by other commissions or committees Pressure groups The Law Commission has a duty to review areas of law and will research and consult before drawing up proposals for reform. Some Bills may be result of reports by other committees or commissions, which will have heard evidence about the issues concerned.

Green and White Papers A Green Paper sets out the idea for the new law. A White paper is a firm proposal for a new law. It gives more detail on the outcome and details the specific reform proposal.

Drafting Process A draft Act is called a Bill. The vast majority of Bills are introduced by the Government of the day. The Government department responsible for the legislation will give detailed instructions to the parliamentary counsel. The Renton Committee in Preparation of Legislation (1975) criticised the quality of draftmanship. Since 1998 there must be a written statement that the Bill is compatible with the European Convention on Human Rights.

Types of Bill Government Bill - one introduced by the Government through the relevant Minister; such a Bill will always become law as the Government has a majority in the House of Commons. Government Bill Public Bill - one that relates to matters that affect the general public; most Government Bills are public bills Private Bill - one which relates to the powers and interests of certain private individuals or institutions (e.g. University College London Act 1996). The procedure for a private bill is different to that of a public bill, the Committee stage being the most important aspect, while the Second and Third Readings are more of a formality.

Types of Bill Hybrid Bill- one with features of both a private and public Bill Channel Tunnel Bill Private Members Bill - one introduced by a backbench MP Abortion Act introduced by the Liberal MP David Steel. Public bills that are currently being considered for Parliament are available at:

Parliament Acts 1911 and 1949 The House of Commons have to agree with any amendments the House of Lords make to the Bill. In the past without both houses agreeing no law would be passed. However the Parliament Acts 1911 and 1949 allow the House of Commons to bypass the House of Lords and go straight for royal assent.

This can only be done after a certain period of disagreement and is used rarely so as not to undermine the authority of the House of Lords. This power has been exercised in: Hunting Act 2004 R (on the application of Jackson & others) v Attorney General (2005)- Countryside Alliance - challenge to the use of the Parliament Act 1949 to bring in the Hunting Act. Sexual Offences (Amendment) Act 2000