Legislative Process

LEGISLATIVE PROCESS 1. Importance of e process >as a law making process a) Role of p -democratic function >election 1 in every 5 yrs >majority party>govt of e day >govt & ctzen>social ctt

c) Composition -consist of HL>appointed by Q on e advise by PM HC>elected

d) Characteristic of each hse -how HC more like pp hse? >ultimate pwr

-legislative function

>democratically elected

>p main role>legislate on behalf of e pp

>debating & approving legislation proposed by the govt or by back-bench members

-plc expenditure >p right to levy & collect taxes & spend plc £

-function of scrutiny & review >p constantly review legislation>ensure adaptability to changes &evolution of society it governs.

>general policy & broad outline of e proposed legislation are discussed & agreed among a large or small group of mins,civ servants & others & e Green Paper(purely consultative) or White Paper(firm & fair proposals)may be published to assist e process.

-HL,appointed>hse of review b) Nature of p -bicameral

>Lords intro x controversial law reform bills emanating from e law commission>e 1st

to consider e govt bills on wh e parties are broadly agreed. >legislative role to scrutinize,revise and improve bills already passed by e commons

>pvt>directed at specified bodies or persons-x exec & x govt body >pvt m’b’ >P/A intro by mp

b) Whitehall stage/pre-pў stage

e) Westminster system

>3 ways: i.

Ballot procedure

ii.

Standing order 39>pmits any mb to present a bill after e 20 balloted bills presented

iii.

Standing rule 13>10 minutes rule procedure

>who decided govt bills placed b4 p? 2 cabinet committee:i.

Future legt committee (bills presented to p in e following pў session)

ii. 2. Types of bills >£ and x £ bills a) diff bills promoted by different pp >govt>intro by govt >plc>intro by govt

Legt committee (resp 4 e legtive prog conducted in immediate pў sessiondraw legtive prog announced in Q’s speech & delivered at e opening of pў session)

>policy formulate by cabinet based on: -political manifesto

BILL -drafted by p draftman>office of pў counsel

-royal commission report -pressure group(civ society) -plc demands

APPROVAL -from cabinet

GREEN PAPERS -consultation doct issued by govt>set out & invite comments from interested parties on particular proposals for legist

CONSULTATION

WHITE PAPERS -set out firm proposals for legist

2nd READING -extensive debate-critical point in e process of a bill-at e end,a vote be taken on its merits &,if it is approved>statute book

c) Westminster stage NOTICE -short & long tt listed on notice paper for next day

COMMITTEE STAGE 1st READING -tt read & date set for 2nd reading

-refine bill clase by clause-ad hoc

-s19 HRA 1998:statement of Compatibility -s19(1)(a):statement of compatibility -s19(1)(b):although x able to make statement of compatibility govt proceed w e bill -s19(2):statement in writing & published in an appropriate manner by mins

COPIES OF BILL CIRCULATED TO M’B’ OF HSE FOR PERUSAL

REPORT STAGE -standing committee reports e bill back to e hse for consideration of any amendments made during e committee stage

HL -consideration Hses must reached agreement;reduce delay pwrs:p act 1911 & 1949-£ bill 1 mth,x £ bill 1 yr

3RD READING -further debate-restricted to matters relating to e content of e bill/ques relate to e gp of bill x be raised

ROYAL ASSENT -given by monarch through convention -royal assent act 1967:formal reading of short & long tt in both hses -act came into force as per date stated in e commencement section

If x amendments,both hse agree

>HC -promoter of e bill> -enact ,revoke & alter law -historical struggle btw p & monarchy>p pwr of making law,sole right>limit monarchy pwr

>HL HC

-pwrs & limtion

-consider any amendments >royal assent

3. Democratic/pp participation

a) efficiency -time taken on hse floor

b) checks & balance / scrutiny

c) openness & transparency -political nature of p -policy dec>govt -govt control day 2 day procedure of e hse -govt>majority party control in e commons

a) effective -quality of e law