LO: To show an understanding of how an Act of Parliament is created.

Making an Act of Parliament – Pre-Legislative Process

• Once the Gov has identified a need to change the law due to lobbying from individuals/groups etc, it will draw up a Green Paper which is a consultation document which sets out its proposals for reform.

• Interested parties can read the green paper and can give their opinions on the proposals to the relevant Gov Dept.

Making an Act of Parliament – Pre-Legislative Process 2

• Once the Gov has considered the comments about the Green Paper, a white paper will be published which are the Gov’s firm proposals for reform.

• Consultation period is essential otherwise the Gov may push through legislation that is not ready which has come to light due to an incident e.g. The Dangerous Dogs Act 1991 which has this week be subject to a proposal for a new bill due to its lack of ability to meet needs of society.

Task C

1. What is the difference between a Green Paper and a White Paper?

Different ways of introducing an Act of Parliament

• A bill (proposal for new law) needs to go through certain stages before it become an Act of Parliament.

• There are different ways of introducing a bill. These are:– Private Members’ Bill – Public Bills – Private Bills– Hybrid Bills

Public Bill• This is the main way of making a

statute. • Introduced to Parliament by

Government Ministers• Aim: To change the law of the whole

country as affects the PUBLIC at large.

• Written by special lawyers employed by the Government called Parliamentary Counsel, who specialise in drafting legislation.

Private Members’ Bills

• Prepared by an individual backbench MP (someone who is not in the government).

• Members of HL can also introduce PMB• MP’s who want to put forward a PMB have

to enter a ballot to win the right to do so, AND then persuade the government to allow enough parliamentary time for the Bill to go through.

Private Members Bills Cont.The Ballot • 20 MP’s will be selected to present the bill that

they are sponsoring to Parliament in a debating session usually on Friday’s. Time is limited so normally the first 6-7 MP’s only get chance to put forward proposal.

• Few PMB become law this way but some due e.g. Abortion Act 1967

10 Minute Rule• Backbenchers can also introduce a Bill through

the 10 minute rule: Any MP can make a speech of up to 10 mins to introduce a proposed Bill. Any MP can do this. Opportunity to raise the profile of a proposal & see what support it gets.

• Few become law unless no opposition: Bail (Amendment) Act 1993

BBC NEWS | Politics | Ten Minute Rule Bill

Private Bills

• Usually proposed by a Local Authority, PLC or a Large Public Company

• Normally only affect that sponsor only as it is PRIVATE to them.

• E.g. Local Authority may want to build a highway

Hybrid Bills

• Cross between Public Bills and Private Bills.

• Only affect a particular person, organisation or place.

• Introduced by the government.• Eg of Hybrid billl is the Crossrail Act

2008 – Allows the construction of underground rail links in London as will only affect people in London area.

Match the DefinitionsKeyword Definition

1. Bill A bill introduced by an MP who is not part of the government (A backbencher)

2. Private Members Bill A bill which will only affect a small number of people in society .

3. Ballot This bill, if enacted, will only affect a particular person, organisation or place and is introduced by the government.

4. Ten Minute Rule A proposed new law introduced by the government which will need to pass various stages before it becomes an Act of Parliament.

5. Public Bill This is a process by where MP’s have a set time limit to make a speech in support of their proposed bill.

6. Private Bill This is where 20 backbench MP’s are selected to present a bill to parliament during a limited time (usually on a Friday).

7. Hybrid Bill A bill which will affect the whole country or large sections of it and is introduced by a PLC or Local Authority.

LO: To go through the stages of Legislation making in a Mock

Parliament.

Task A: Put these stages in order by preparing a diagram

The Parliament Acts 1911 and 1949

• Previously legislation could not be passed without agreement of both Houses which meant the HL could block legislation after it had gone through many stages.

• The Parliament Acts 1911 and 1949 allows a Bill to become law even if HL rejects it, provided the Bill is introduced in HC in next session and passes the stages again there.

• What's the point? – HL not an elected body and their function is to refine the proposed law.

The Parliament Acts 1911 and 1949

• Reduced power of House of Lords, enabling bills to be passed without HL approval.

• TPA’1911: If HL reject a bill, when it is reintroduced into HC in the next parliamentary session and passes all stages in HC it will become law.

• TPA’1949: Reduced time that HL can delay a bill from 2 years to 1 year.

The Parliament Acts 1911 and 1949

• These acts have only been relied on 4 times:

– War Crimes Act 1991– European Parliamentary Elections Act 1999– Sexual Offences (Amendment) Act 2000– Hunting Act 2004.

The Parliament Acts 1911 and 1949

• The Hunting Act 2004 was legally challenged in the courts where it was argued that the 1949 Act was invalid because it increased the House of Common’s powers without HL approval.

• Held: TPA’49 placed limits on power of unelected HL it did not increase power of HC.

Royal Assent Act 1961• Monarch does not have the text of the bill

but only a short title when signing.

• The last time a monarch refused to sign a bill was 1707.

• Queen Anne refused to sign the Scottish Militia Bill.

Task B

1. What is the effect of the Parliaments Act 1911 and 1949?

2. What is the idea behind reducing the HL power?

3. If the HL rejects a Bill, what can the HC do to ensure the bill is passed?

When will the Act come into force?

• After Royal Assent Act will come into effect on midnight of that day, unless another date set

• Many are not implemented immediately

• Usually will be implemented by particular Minister by issuing a Commencement Order.

• E.g. Human Rights Act 1998 didn’t come into force until 1st October 2000

Mock Parliament

Yesterday we had the 1st reading for 3 Bills:

1) Right to die2) Free Travel for all students3) Alcohol for under 16s

We need to get ready for the 2nd reading, so these bills need to be written up in detail.

Use the example to draft a bill in your groups.