The Legislative Process – How Laws Are Made

People in the House of Commons 650 MPs Each MP represents a constituency MPs elected at General Election – every 5 years Government is the party with the most elected MPs Leader of the party with the most MPs is the Prime Minister Cabinet – the central decision-making body of the Government - made up of the Prime Minister and his chosen representatives MPs from other political parties called the opposition

Role of the House of Commons As it is the elected body, it has the most power in the law-making process Role of Government is to make policies which require new laws House of Commons debates, scrutinises and votes on whether to approve the laws proposed by Government During debates, MPs can put forward the views of their constituents and can directly challenge the Government through rigorous questioning

The House of Lords Approximately 700 members Unelected and unpaid Attendance is voluntary Lords are made up of: Hereditary Peers – inherit their title Life Peers – awarded a peerage because of their contribution to society or politics e.g. Lord Alan Sugar – peerage ends on death 26 Bishops of the Church of England Primarily a revising and debating chamber and allows further scrutiny of Bills that have already passed through the House of Commons

Green and White Papers Green Paper: White Paper: Issued by Government departments to gain views about proposed legislation of interested bodies and people Often outlines several alternative proposals An initial consultation document – responses may be but do not have to be acted on E.g. Education Green Paper – September 2016 – proposing opening more grammar schools White Paper: Sometimes issued without a preceding green paper Sets out Government’s preferred approach to a future law Not for consultation – but views of interested parties may be expressed and taken into account E.g. – Higher Education White Paper 2016 – showing the government’s proposed changes to universities

Types of Bills- Public Bills A bill is the name given to a draft law while it is going through the formal processes of becoming a law Public Bills – most common – those which affect the whole country. Two types: Government Bills – introduced by a government minister: Some are controversial (e.g. last year’s Welfare Bill of the Conservative Government reducing the cap on benefits). Some are in response to a specific incident – e.g. Football (Disorder) Act 2000 allows Magistrates to ban potential trouble-making fans from travelling abroad for 5 days before an international match. Others are simply concerned with the smooth running of the country – e.g. Access to Justice Act 1999. Approximately 30-40 Government Bills a year – most become law Private Members’ Bills Introduced by backbench MPs, referred to as the promoter, whose names have been selected in a ballot (20 each year) or by Peers in the House of Lords. Few ever become law due to the shortage of Parliamentary debate time allocated to them. To be successful, they must have the support of the government e.g. Abortion Act 1967, Murder (Abolition of Death Penalty) Act 1965, Marriage Act 1994, Computer Misuse Act 1990. Even though they rarely become law, they play an important role in raising public and Government awareness of an issue.

Types of Bills – Private and Hybrid Private Bills – affect only specific individuals, organisations or areas. Usually put forward by a local authority, public corporation or large public company – e.g. Medway Council Act 2004 Hybrid Bills – alter the general law but particularly affect a small number of people – e.g. The Channel Tunnel Act 1987 and HS2 Bill 2013

Process of a Bill Through Parliament Starts in either House of Commons (most frequently and always if a finance Bill) or House of Lords. First Reading – title and main aims of Bill read out to the House Second Reading – House holds full debate on the main principles of the Bill. Vote then taken as to whether Bill should proceed Committee Stage – detailed examination of each clause of the Bill. In House of Commons this is by a Standing Committee of between 16 and 50 cross-party MPs. In House of Lords this is done by the whole House. Usually propose amendments to clauses in the Bill Report Stage – committee reports back to the House on any amendments. These are debated and voted on Third Reading – Bill is presented again and the final vote is taken

Process of a Bill Through Parliament - House of Lords) If Bill was started in the House of Commons it then passes to the House of Lords (or vice versa). Same procedure followed in the other House But in House of Lords the committee stage takes place by the whole house and therefore there is no need for a report stage If House of Lords makes amendments to a Bill that has already passed through House of Commons, the Bill is referred back to the Commons to consider the amendments. Approximately 90% of Lords’ amendments are accepted by the Commons. Can go back and forth in this way. Often referred to as ‘Ping Pong’. Amending role – at times House of Lords has made the Government rethink its proposals – e.g. pressured government to amend plans in the Terrorism Bill 2005 Parliament Acts 1911 and 1949 – if House of Lords rejects a Bill it can still become law provided it is reintroduced to the House of Commons in the next Parliamentary session and passes all the stages again – does not then need to return to the House of Lords - means that the House of Commons can still pass a Bill which has not been accepted by the House of Lords This means House of Lords can delay a Bill by a year, BUT not allowed to delay finance bills Power is rarely used – only used 5 times e.g. War Crimes Act 1991 and Hunting Act 2004

Role of the Crown - Royal Assent Once Bill passed successfully through all stages in both Houses it has to receive Royal Assent – formal consent of the Monarch (this is usually given by the Speaker in the House of Commons rather than the Monarch herself) Purely formal role Any attempt of the monarch to thwart the will of the Commons and Lords wold not be tolerated Not happened since 1707 when Queen Anne refused to pass the Scotch Militia Bill Act of Parliament may come into force when Royal Assent given or at another specified date in the future Other key functions of the Crown in Parliamentary law-making: Open each Parliamentary session – ceremonial event where the monarch makes a speech prepared by the Government outlining the legislative proposals for the coming session Appoint and dismiss the Prime Minister

Types of Questions You Could be Asked Outline the meaning and purpose of Green and White Paper (usually half of a 10 mark question) Describe the legislative process in Parliament, including the role of the Crown (10 marks) Describe the law-making process in Parliament (10 marks) Outline the law-making process in the House of Lords (usually half of a 10 mark question) Outline the law-making process in the House of Commons (usually half of a 10 mark question) Outline the process in the House of Commons and the House of Lords in the making of an Act of Parliament

Answering Exam Questions In law-making questions, extra credit is often given for referring to the different types of Bills Make sure you know the difference between the House of Commons and the House of Lords For House of Lords questions, focus on the distinctive features of the HoL – committee stage usually undertaken by the whole House compared to a small number in HoC, amending role of HoL, how conflicts between Hoc and HoL resolved