Main law-making body in
England is Parliament.
They make acts and
delegated legislation.
The Pre-Legislative
Procedure
The Green
Paper
Issued by the minister in charge of the
matter
It is a consultative document put forward with proposals for
change. These consultations are important as it allows
consideration time and time to avoid unwanted reactions to
incidents resulting from unworkable legislation.
The Dangerous Dogs Act
1991
Interested parties are invited to comment and make necessary changes so that a
full consideration of the matter is made
The White Paper
This is then published by the government as a firm
proposal for a new law.
Creating an bill
The proposed act will now go through a process to become a BILL
There are three types of Bill
Private Members Bills
Introduced by MP's rather than ministers
20 MP's are selected for a ballot whereby they can present their bill in the HOC.
Only the first 6 or 7 in the ballot have a chance at introducing their chosen Bill
Very few PMB become acts
The Abortion Act 1967
The Marriage Act 1994
10-minute rule
Any MP gets 10 minutes to introduce a bill bu
supporting the idea of the new legislation. It is rarely
successful. Members of the HOL can also introduce
Bills.
The Bail (Amendment) Act 1993
Private Bills
Intended to affect one particular area.organisation
The University College London Act 1996
It was passed to join two schools of medicine with the UCL
Always begin in the HOL.
Public Bills
Intended to affect the public as a whole. It is the
come common Government Bill
Disability Discrimination Act 1995
Introduced by the relevant minister and are generally successful as
Government will have a majority vote in Parliament - they vote in
parties, not individually.
Creating an Act
Usually starts in the HOC - can be in the HOL
First Reading
Annotations:
1)
Informs MP's and the public about the proposed legislation
The name and main aims of the bill are read out
A vote takes place to decide if it should continue to the next stage
Second Reading
Annotations:
2)
Explains the purpose of the Bill
This is the main debate stage
The purposes behind the bill are debated, but the details aren't focused upon.
A majority vote proceeds the Bill to the next stage.
Committee Stage
Annotations:
3)
Looks at the details of each clause of the Bill
Carried out by between 16 and 50 MPs = a standing committee.
Members are chosen because of their special interest in the subject matter.
Easier to debate and is more informal.
Report Stage
Annotations:
4)
Further consideration and changes by the
HOC
If amendments have been suggested in the Committee stage, then the report stage debates on
them.
If no amendments, then no report stage and it goes on to the next
stage.
Third Reading
Annotations:
5)
Overall examination of the
Bill
Unlikely the bill will fail at this
stage
A further debate will occur if at least 6 MPs request it.
The HOL
Annotations:
6)
If Bill started in the HOC, it goes to the HOL and experiences a similar procedure
If amendments are found, then the Bill goes back to the HOC to be
considered
HOL power is limited by the Parliament Acts 1911 and 1949
A bill can become law if the HOL reject it provided that the bill was re-introduced
into the HOC and passes through all the stages again.
Royal Assent
Annotations:
7)
The monarch give their approval for the Bill to become
an Act
The Royal Assent Act 1961 means that the monarch doesn't see the Bills to what she is
assenting to
Commencement of the Act
Annotations:
8)
Comes into force the midnight of that day unless another day has been
chosen
Acts aren't always implemented
immediately
Disability Discrimination Act
1995
Or implemented in
stages
Criminal Justice Act
2003
Criticism
Renton Committee on the Preparation of Legislation 1975
Language obscure and complex
Acts over-elaborated as they try to provide for every situation
The internal structure of Acts are illogical as it's difficult to find relevant sections
Connections between Acts on a given topic may be difficult to find
Frequent amendment to one part of an Act means that it's
difficult to find out what the law actually is.
Difficult to know whether the Act has been implemented or which parts are in force.