1. Date: Tuesday, 18 September 2018
Legislative Process
Learning Objectives
All - Describe the UK Legislative Process
Most – Explain the role of the House of Commons, House of Lords and the Crown in the UK legislative process
Specification Link
Formal UK legislative process: roles of the House of Commons, House of Lords, and the Crown; the types of Bill; stages in the process.
Starter: Rearrange the letters to find words associated with this topic!
A A Remembers Flop Mint (3 words)
Wench Rot (2 words)
Odorous Shelf (3 words)
Ate Tuts
Wreathe Pip (2 words)
Choose Of Summon (3 words)
Garner Peep (2 words)
Arsenals Toy (2 words)
Western Mist 15

2. A A Remembers Flop Mint Members of Parliament
Wench Rot The Crown
Odorous Shelf House of Lords
Ate Tuts Statute
Wreathe Pip White Paper
Choose Of Summon House of Commons
Garner Peep Green Paper
Arsenals Toy Royal Assent
Western Mist Westminster

3. What is the difference between green and white paper?
Minister for Transport
Decide which comments to adopt/whether to make changes
Minister for Education
Produce a White Paper putting forward firm proposals
Work with your civil servants & advisers to write a Green Paper proposing a new law
Put forward a government Bill (or several Bills)
Ask interested parties (even the public) to comment

4. Activity:
Rearrange the cards to put them in the order representing the legislative (law-making) process)
When you have checked your answers, extract the key information and complete the A3 flow chart

5. Draft Bill
Draft Bills are issued for consultation before being formally introduced to Parliament.
This allows proposed changes to be made before the Bill's formal introduction.
Almost all Draft Bills are Government Bills.
They allow examination and amendments to be made to texts and made more easily - before their formal introduction to Parliament as a Bill proper.
Draft Bills are examined either by select committees in the Commons or Lords or by a joint committee of both Houses.
The consultation process on Draft Bills may involve the government issuing a paper for public discussion and response.
The best-known examples of this are White and Green Papers.
Although not formal definitions, Green Papers usually put forward ideas for future government policy that are open to public discussion and consultation. White Papers generally state more definite intentions for government policy.

6. Green Paper
A green paper is a tentative government report of a proposal without any commitment to action
The first step in changing the law.
Green papers may result in the production of a White Paper

7. White Paper
Informal name for a parliamentary paper enunciating government policy
Mostly issued as “ Command Papers”
Issued by Government and lay out policy or proposed action on a topic of current concern
Consultation as to details of new legislation
Signifies a clear intention on part of government to pass new law
Attempt to operate dual roles of presenting firm government policy whilst inviting opinions upon them

8. First Reading
To decide whether the Bill should progress to the second reading.
The short title and main aims of the Bill are announced
No debate at this stage but a verbal vote is taken
If the vote is in favour of the Bill a date is then set for the Bill's second reading
If successful followed by an order for the bill to be printed
Bill is published as a House of Commons Paper for the first time
Copies of it are distributed
Many private members' Bills fail to progress beyond this stage. .

9. Second Reading
The House debates the whole Bill and is focused on the main principles behind the Bill.
It usually takes place no sooner than two weekends after first reading.
The Minister or other promoter of the Bill starts the debate.
The official Opposition spokesperson responds with their views on the Bill.
At the end of the debate there is a vote for or against the Bill progressing further.
Should the Bill progress beyond this stage it is quite likely it will eventually become an Act of Parliament.

10. Committee Stage
Committee stage is where detailed examination of the Bill takes place.
It usually starts within a couple of weeks of a Bill’s second reading, although this is not guaranteed.
Government Bills are usually formally timetabled after they have received a second reading.
The Bill is passed to the Standing Committee which is made up of between 16 and 50 MPs selected per party strength.
The MPs selected will generally have a particular interest in the Bill or specialist knowledge of its content.
The Standing Committee scrutinises the Bill clause by clause and makes amendments as required to ensure it conforms to the general approval given by the House at the second reading.
All amendments made to the Bill are voted on. Some Bills, for example money Bills, are subjected to examination by the whole House at this stage
In the House of Lords there are generally no specialist Standing Committees. The whole House scrutinises the Bill.

11. Report Stage
Report stage gives MPs an opportunity, on the floor of the House, to consider further amendments (proposals for change) to a Bill which has been examined in committee.
The Standing Committee report the amendments made to the Bill during the Committee Stage back to the whole House.
Each amendment is debated and a vote is taken to decide whether it should be accepted or rejected.
The House may make additional amendments at this stage provided these are approved by a vote.
Should no amendments be made at the Committee Stage there is no need for the Report Stage and the Bill passes directly to the third reading.

12. Third Reading
Third reading is the final chance for the Commons to debate the contents of a Bill. It usually takes place immediately after report stage as the next item of business on the same day.
This is a review of the whole Bill and a vote is taken to decide whether the Bill should proceed to the other House.
This stage is often a formality.
Amendments (proposals for change) cannot be made to a Bill at third reading in the Commons.
As the Bill has successfully completed its earlier stages it is unlikely to now fail.
In the House of Lords further amendments can be made at this stage.
After the third reading, the Bill is passed to the other House where it goes through the same stages.

13. House of Lords
If the Lords propose amendments to a Bill which has completed the process in the Commons, the Bill is returned to the Commons for a stage called Lords’ Amendments Considered.
At this stage the Commons may approve or reject the Lords' amendments.
Approximately 90 per cent of amendments are accepted by the Commons at this stage.
In the event that the Lords do not approve a Bill that has been approved by the Commons, then under the Parliament Acts 1911 and 1949 the Lords can delay the passage of a money Bill for one month and all other Bills for one year.
Once the time has elapsed the Commons can send the Bill for Royal Assent without the Lords' agreement.
In order to exercise this power the Bill must be re-introduced into Parliament in the next session and pass successfully through all the stages again.
Only four Acts have been passed using the Parliament Acts, these being the War Crimes Act 1991, the European Parliamentary Elections Act 1999, the Sexual (Amendment) Act 2000 and the Hunting Act 2004.
Supremacy of the House of Commons stems from the fact that it is a democratically elected body, answerable to the electorate.
The Lords have retained the power to reject a Bill that attempts to extend the duration of Parliament beyond five years.

14. Royal Assent
On the day Royal Assent is granted, the Bill becomes an Act of Parliament
Most Acts come into force at midnight following Royal Assent, however, implementation of some Acts has to be delayed so as to allow necessary resources to be prepared and put into place: for example, the Police and Criminal Evidence Act 1984, which was brought into effect in stages so as to give sufficient time to the police to train personnel and acquire equipment necessary for compliance with the Act.
Acts of Parliament such as this are usually brought into force by delegated legislation.

15. Analyse the advantages & disadvantages of Parliamentary law making
Made by our elected representatives (MPs) so is democratic
Parliament does not always have time to deal with all proposed reforms e.g. Law Commission proposed changes to Offence Against the Person laws in 1993 – still not enacted
General election every 5 years so public can vote out government if not performed
Process of becoming an Act is slow – can take several months
Can reform whole areas of law in one Act e.g. Fraud Act
Very little time given for private members Bills & even when does come in it is easily voted out by Government (majority)
Long consultation process so government can consider all objections before making law
Acts are often long and complex so difficult to understand
Lengthy process passing through House of commons & House of Lords so thoroughly discussed

16. Pair challenge
Describe the law-making procedure in Parliament. (10 marks) Briefly discuss advantages and disadvantages of the parliamentary law-making procedure. (10 marks)

18. Parliamentary Supremacy
Date: Tuesday, 18 September 2018
Parliamentary Supremacy
Learning Objectives
All - Describe what Parliamentary supremacy means and outline the effect of the European Union and Human Rights Act 1998
Most – Analyse the limitations of Parliamentary supremacy
Specification Link
Doctrine of Parliamentary supremacy and limitations on it: effect of membership of the European Union; effect of Human Rights Act 1998.
Starter: We’ve already considered the phrase ‘supremacy’ in relation to EU Law. So what do you think Parliamentary Supremacy means? 15

19. Parliamentary Supremacy
That means:
Parliament’s power is unlimited and it can make law on any topic
Validity of Parliamentary law cannot be questioned by anybody including the Courts, the church and the monarchy
No one can limit the law making power of any future Parliament. It is impossible therefore for any parliament to pass a permanent law or in other words to entrench an Act of Parliament
Authority
1689 Bill of Rights - ‘the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament’

20. ‘The principle of Parliamentary sovereignty means …that Parliament … has the right to make or unmake any law whatever, and, further, that no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament.’
A.V Dicey (1885) – (Constitutional Lawyer)

21. Parliamentary Sovereignty
Task
Taking the key principals of Parliamentary Supremacy answer the following question in regard to your groups area of study.
You will need to report back to the rest of the class in 20 minutes. Everyone needs to speak
“To what extent have the EU, the Human Rights Act and Devolution undermined the principal of Parliamentary Sovereignty.”
Parliamentary Sovereignty
European Union
Human Rights Act
Devolution

22. European Union
Since Factortame where UK legislation conflicts with EU law UK court must follow EU law
Parliamentary sovereignty is now limited by all EU law
This is the case until UK decides to withdraw
Parliament now making laws because EU requires it to and not of its own free will
DoT in 93 estimated 1/3rd of legislation enacted to implement EU law
UK can repeal ECA because no Act can be entrenched
In reality this is unlikely:
Trade
Political ties
Military links

23. Costa v ENEL [1964] ECJ
C was affected by the nationalisation of the Italian electricity industry, and claimed the procedure had been unlawful because EC law had not been complied with. 
Principle – Unlike other international treaties, the treaty instituting the EEC has created its own order which was integrated with the national orders of the member states as soon as the treaty came into force, and as such was binding upon them ... The acceptance by member states of the rights and obligations arising from the treaty carries with it a clear and permanent limitation of their sovereign rights, and any subsequent unilateral act incompatible with the aims of the Community cannot prevail.
"the EEC Treaty has created its own legal system which…became an integral part of the legal systems of the Member States and which their courts are bound to apply."
"Member States have limited their sovereign rights, albeit within limited fields, and have thus created a body of law which binds both their nationals and themselves."
"The executive force of Community law cannot vary from one State to another in deference to subsequent domestic laws, without jeopardising the attainment of the objectives of the Treaty."

24. R v Secretary of State for Transport Ex p Factortame (No.2) [1991] HL
D, the UK government enacted the Merchant Shipping Act C, Spanish fishermen claimed this act affected UK fisheries policy and was contrary to EC Law. They sought an order directing the Secretary of State not to enforce the Act pending a full trial of the issue. The Divisional Court referred the substantive question to the ECJ, but ordered by way of interim relief that the Regulations should not be applied as against C. The Court of Appeal and House of Lords held that no national court had the power to suspend the operation of an Act of Parliament.
Principle – The ECJ disagreed. A national court, which, in a case before it concerning EC law, considers that the sole obstacle, which precludes it from granting interim relief, is a rule of national law, must set aside that rule. The House of Lords thereupon granted an order restraining the Secretary of State from enforcing the legislation in question against C.
In response HL granted interim relief disapplying 1988 Act. Lord Bridge expressed acceptance of the supremacy of Community law.
Since Factortame UK courts will not apply an Act if it conflicts with Community law.

25. Human Rights Act 1998
Before HRA citizens were safeguarded by European Convention of Human Rights (1950) ECHR
Treaty created by Council of Europe
Purpose to prevent war time atrocities recurring
ECHR concerned with protecting Human Rights and freedoms
UK signed ECHR in 1950
Came into force in October 2000
Incorporated ECHR into UK domestic law
All legislation passed by Parliament must comply with ECHR
Section 19 requires Gvt minister to declare such
Courts can quash or refuse to apply secondary legislation if it does not comply
Courts can declare incompatibility of Acts of Parliament
Declarations require gvt ministers to make a remedial order
Since HRA into force 20 declarations of incompatibility
(about 6 overturned by HoL or CA)
A and Others v Sec of State for Home Department (2004)
Effect of HRA on Parliamentary Sovereignty is limited
Courts have power to declare incompatibility
Do not have power to declare domestic legislation invalid
Any amendment or repeal must be done by Parliament
Whilst minister has to declare compatibility there is no specific requirement that it must be
Parliamentary sovereignty remains

26. A and Others v Sec of State for Home Department (2004) UKHL 56
Several foreign terrorist suspects detained without trial under the Anti-Terrorism Crime and Security Act 2001 sought to challenge the lawfulness of their detention.
Principle –The House of Lords quashed the Order in Council by which the United Kingdom had purported to derogate from its obligations under the European Convention on Human Rights, and made a formal declaration that certain provisions of the 2001 Act were incompatible with Articles 5 (Right to liberty and security) and 14 (Prohibition of discrimination) of the Convention.
Parliament responded by enacting the Prevention of Terrorism Act 2005, which sought to avoid the incompatibility by substituting house arrest and other restrictions for imprisonment and extending the powers to British citizens. The new Act was subsequently found to be compatible with the ECHR so long as the restrictions imposed were proportionate and reasonable.

27. Devolution
Referendums led to devolved government in Scotland, Wales and Northern Ireland
Scotland Act 1998 & Government of Wales Act 1998
They can make some laws for their own countries
No need to refer back to Westminster in these cases
Sovereignty removed in these areas
Parliament could repeal
Power retained in areas of defence for instance

28. Exam Tip
A question that asks for consideration of the limitations on Parliamentary Sovereignty also requires an initial explanation of Parliamentary Sovereignty.