RSS feed for The law-making process in England and Wales

Introduction

The Open University — Mon, 22 Jun 2015 23:00:00 GMT

This OpenLearn course introduces you to the different sources of law in England and Wales. The course begins by providing an overview of the different sources of law. It then considers what is meant by democracy and how and by whom proposed legislation is initiated, before introducing you to the Westminster Parliament, which creates legislation. It is within this Parliament that proposed legislation – known as a Bill – is considered and becomes law.

In this course different forms of legislation are introduced, such as statutes and statutory instruments (otherwise known as delegated legislation), together with the reasons why certain powers are delegated and how this legislative system operates. Section 8 of this course provides you with a further opportunity to learn about devolution and the developments that have taken place in Wales. It outlines the devolvement (transfer) of powers from the Westminster Parliament to the Welsh Assembly (The Senedd). As this course concentrates on England and Wales, the primary focus when dealing with devolution is on Wales.

The course develops your research and critical thinking skills by introducing you to different forms of legislation. The activities included in this course provide you with an opportunity to locate an Act of Parliament and consider the layout (structure) of a statute. You will consider how legislation controls certain types of behaviour or social interaction in society, such as excluding certain liability in contract law or imposing liability for certain types of anti-social behaviour.

This OpenLearn course is an adapted extract from the Open University course W101An introduction to law.

Learning outcomes

The Open University — Mon, 22 Jun 2015 23:00:00 GMT

After studying this course, you should be able to:

explain the roles played by various individuals and bodies who may instigate legislative proposals
discuss the legislative process in the Westminster Parliament
distinguish between primary and secondary legislation
explain the structure of a piece of legislation and discuss its application in context
explain what is meant by devolution and explain how devolution has evolved in Wales.

1 An overview of the sources of law

The Open University — Mon, 22 Jun 2015 23:00:00 GMT

This course introduces you to one of the three main sources of law in England and Wales – that is, statute law, also referred to as legislation. The other two main sources of law are European (EU) law and case law. Figure 1 illustrates the sources of law which govern England and Wales.

Figure 1 Sources of law

Long description

It is important to know how these sources of law are created and how they operate in the legal system in England and Wales. Being able to identify the sources of law and the order of ranking is important. These sources are hierarchical and rank in the following order:

Figure 2 Hierarchy of the sources of law

Long description

Given the hierarchical application of the three main sources of law, you need to be able to discuss the legal rules that apply in different situations. When dealing with a problem or essay question, you may need to consider whether the matter is controlled by EU law, by UK legislation or is governed by a previous decision of a court in England and Wales. Dealing with these sources of law and saying which source will prevail is important.

2 Democracy

The Open University — Mon, 22 Jun 2015 23:00:00 GMT

It is important to be able to explain what is meant by democracy and to be able to discuss the issues surrounding devolution in Wales. A number of changes have taken place since 1999 which devolved (transferred) some of the law-making powers from the Westminster Parliament to Scotland, Wales and Northern Ireland. Devolution in the UK is ongoing and this course will develop the discussion by examining the role of the National Assembly in Wales (the Senedd) and how the Assembly Members (AMs) are a democratically elected body.

Figure 3 Ballot box

Long description

2.1 The notion of democracy

The Open University — Mon, 22 Jun 2015 23:00:00 GMT

What is democracy? This is a difficult question to answer at this stage of the course but think about the society you live in and whether the laws that govern you reflect your views and values. Democracy is, in theory, about being treated fairly and being able to say how you are governed. This means that every citizen should be able to participate in a democratic process, allowing them to be part of the law-making process. Do you live in a democratic society? You will be able to consider this question in more depth while reading and completing the tasks dealing with democracy and the law-making process.

2.1.1 The rights provided by Magna Carta

The Open University — Mon, 22 Jun 2015 23:00:00 GMT

The introduction of the Magna Carta in 1215 outlined the position of the monarchy and the people of Britain. The Magna Carta provided rights, such as the right to a fair trial. It also subjected the monarch to the rule of law, which ensured that everyone was subject to the law. This supported the development of the common law system and the beginning of democracy in the UK.

Since the Magna Carta was created, the UK legal system has developed a framework that should enable citizens of the UK to express their views and have a voice during the creation of the legal rules. This course will enable you to be able to explain how these legal rules are created and who creates them. In order to achieve this understanding you need to consider the notion of democracy. The possible contexts for considering and exploring the notion of democracy include the idea of an elected body representing you in the Westminster Parliament and/or through one of the legislative bodies in Wales, Northern Ireland or Scotland.

Activity 1 Democratic questions

Watch this short film on how power is controlled in a democratic society. Make some brief notes on the idea of representative democracy, on government and on Parliament in the UK.

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Activity 1 Democratic questions

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Transcript: Activity 1 Democratic questions

DANNY:

Hello, my name is Danny. And one day, I intend to rule this country: if that’s alright with you. And actually, even if it isn’t, because I am going to be a dictator. Get rid of that. Could we swap those two chairs around? Will you make that bigger? What do you guys think of this? We’re going to put that here. Probably bring this in quite a bit – this is quite wide, this street. It’s fine. Yeah, this is fine. That’s stupid, isn’t it? It’s not a chamber smell. There’s not much else.

No, it takes too long to run from there to here. Hope someone’s writing all this down. Please, do not worry. I will be a kind and fair dictator. I'll make old people happy. Have a flower. Have a flower. You have that?

LADY ON STREET:

Yeah, I do.

DANNY:

High five.

[LAUGHTER]

DANNY:

I’m great with foreign dignitaries. Welcome to Britain: have a pencil. Have a pencil.

MAN:

Thanks.

DANNY:

I will invent brilliant new laws. Hello!

TEENAGER AT BUSTOP:

Hello.

[LAUGHTER]

DANNY:

I’ll create nine day weekends. I will give Norfolk to the French. I will ban everything. Basically, I intend to make full use of my ultimate power.

Hello. Sorry about him. Slightly embarrassing. He’s just there to show you how things could have gone if, back in the old days, we’d decided on a different system. Change all that. Now, granted, dictatorships do have their advantages. You get a lot done. This is very nice. See, this is what I’m talking about. This is exactly what we need more of, these little boxes here.

But Britain has a democracy. Now, democracy means government by the people. It comes from the Greek word democracy, meaning: government by the people. In the UK, it means that, with a few exceptions, everyone over the age of 18 gets to vote. Now, who thinks we should stay for another? Carried. Vote Danny.

Each vote is important, which is why politicians spend so much time and energy knocking on doors, handing out leaflets, and finding tiny babies to kiss. They need to persuade us that they’re the best person for the job of representing us in Parliament.

BYSTANDER:

Vote for Danny, yeah?

WOMAN ON BENCH:

Who’s Danny?

DANNY:

Parliament comes from the French word for Parliament.

You’ve not researched this hugely, have you?

Leave it, I’m working. Now, like the Lord of the Rings, Parliament comes in three sections. You’ve got the House of Commons, you’ve got the House of Lords, and you’ve got the Queen, God bless her. Though these days her powers are mainly theoretical.

Doesn’t sound very fair.

She doesn’t mind. She’s a very busy woman. So the main two are the House of Commons and the House of Lords. And together, they are responsible for making new laws and repealing old ones.

Sounds fairly easy.

I’m a dictator. I’m going to try and revolutionise the country. I need some rules, some laws.

What would your first rule be if you were in charge of the country?

MAN AT MARKET:

Stop pollution.

DANNY:

Stop pollution? More tea houses and more buses. OK. Well, I mean, I’m going to need help with this. So can I leave that with you?

LADY MERCHANT:

The first law would be to get Martha out of the market, because she drives me crazy.

[LAUGHTER]

DANNY:

Right, where is she? Right, where is she? I’m going to sort this out. Get out of the market. What ideas have you got? What strategies have you worked out?

MALE MERCHANT:

I really haven’t thought about it to that extent, I’m sorry.

DANNY:

Do you like it? It’s good, isn’t it? I can get you one of these. Democracy. It’s got its place, I think. It’s quite nice, we all have a say. But it’d just be quicker if I’m doing it, what do you think of that?

So, it seems like the upside of being a dictator is also the downside. It seems like everyone’s quite happy for me to do all the work myself. Maybe I’d like to share it out a bit. So perhaps a parliament’s not a bad idea. Get some other people involved. You know, get myself a house full of lords, get myself a house full of commoners.

Now, what’s the difference between the House of Commons and the House of Lords?

I like these.

I don’t know. What is the difference between the House of Commons and the House of Lords?

It’s not a joke.

Well, the House of Commons is made up of 646 elected members of Parliament who each represent an area of the UK known as a constituency, or: seat. That – that was a joke.

Now, every four years or so, very excitingly, there’s a general election, which determines which MPs will be taking a seat. Once elected, it’s their job to represent the interests of their constituency while taking part in the crazy rough and tumble of parliamentary debate, the passing of laws, and the controlling of government spending.

Now, the House of Lords, well that’s different. Unlike the House of Commons, its members are unelected. Most of them are life peers. Some used to be MPs, but a lot are experts from outside the world of politics. Scientists, lawyers, people like that. But never, controversially, astronauts.

Like the Commons, the Lords help make our laws. But they also look at the small print of every bill to make sure they’ll work using microscopes and tiny magnifying glasses. Now, both the Lords and the Commons have committees, which look at subjects in more detail and publish important reports.

What, like school reports?

Kind of, like school reports. Yeah, you know. They might tell the government, you must try harder, you could do better. Or, if they’ve been really bad, see me later.

Right. So am I just big thick, or are all those people in government? Well, put simply, you’re just being thick.

Right.

Government is part of Parliament. But being in Parliament doesn’t mean you’re in government. With me?

Right, well. You’re with me. That’s the important thing.

Right. This bit, I do know. At the end of every general election, one political party will emerge victorious. They’ll sign a two album deal, and the single will be released the following month. Hang on, no, no. That’s Pop Idol.

The political party that wins the most seats in the House of Commons is invited – by the Queen – to form a government. Dear Danny, please form a government. Love, the Queen. PS, bring a bottle.

So, the leader of the party, who is now the Prime Minister, gets to choose a cabinet.

I'll have that one.

Not that type of cabinet, clearly. What you’ve done there is, you’ve misunderstood delivery, haven’t you? For comic effect?

Yep.

So, the cabinet is a group of people with expertise. Senior ministers who, along with various junior ministers, are responsible for running the different government departments – education, health, defence.

‘De-fence?’ What? This fence?

Yeah, well.

Right. So my cabinet is a bit like my gang. I’m the leader of that gang. I like that, it’s good. I’ll be Prime Minister, then. Finally, I will have ultimate power.

Ah, but will you?

Yes.

Ah, but will you though?

Yeah.

But will you?

Yes.

No. Because you’re forgetting about: Parliament. Now, one of its most important roles is to keep an eye on what government’s up to, so that people like you can’t just go around inventing laws about making old dogs wear hats or abolishing shoes.

Government can’t just do whatever it likes. Parliament is like its mum. Except, government can stay up a bit later.

Right. So I can’t be a dictator?

No.

And even if I’m Prime Minister, I’ll have to do as the people say?

Yeah.

Right. So, is there any way whatsoever, that I can wander around wielding massive power, completely unelected, and get to wear quite a smart uniform in a semi-military fashion?

Well.

[CAR ALARM]

Most importantly, Parliament is not about the Palace of Westminster. It’s not about huge, imposing buildings. Because really, Parliament could be anywhere. They could meet down in the pub or in a shed in Swindon. That’s not the important thing. The important thing is the concept. Parliament is the expression of the will of the people. It’s democracy in action, looking out for our best interests. Whether elected MPs or unelected lords, their job is the same – to represent you and me.

Well. Not just you and me, clearly. That would be – that would be weird. They represent everyone. Even him.

CAR OWNER:

What are you doing?

POLICE OFFICER:

Whoa, hey. You’ve got – pick that up.

CAR OWNER:

Pick that up?

POLICE OFFICER:

Hey, hey.

DANNY:

Probably, put two wheels on these. And then you could probably – you could use that as a bike then. That’s good. Make a note of that. I think this is a good idea. I think I’ll implement this, just keeping the bollards warm, with various rugs. That’s, that makes sense. That makes sense. I’d probably um – probably just have another bit here that just says ‘please’. Just there, just ‘please’. Because I mean that – that’s just rude.

End transcript: Activity 1 Democratic questions

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Activity 1 Democratic questions

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Now, explain in your own words:

a.what a democratic society is
b.what a government is
c.the difference between the House of Commons and the House of Lords.

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Comment

A democratic society tries to ensure everyone is treated equally and fairly. The rule of law applies to everyone and no one is above the law. The will of the people is reflected in the legislation that is created by a legislative body, such as the Westminster Parliament, which is made up of two Houses: the House of Commons and the House of Lords.

A democratic society will prevent a dictatorship. A very simple definition of dictatorship is that power is vested in one person who decides how a country is run. The will of the people is ignored when you have a dictator, whereas a democratic society is based on the principle that a system is in place to elect individuals to represent you in a parliament.

The voting system in the UK allows every UK citizen who is over the age of 18 to vote for a candidate who is standing as a Member of Parliament, unless they are subject to any legal incapacity to vote, such as a person who has been found guilty of a crime and is either serving a prison sentence or being detained while waiting to be sentenced. It is through Parliament that new laws are made and old ones repealed. Parliament is made up of the House of Commons and the House of Lords. Members of the House of Commons are elected by those citizens in the UK who vote during the general election. Members of the House of Lords are not elected: they are either appointed through a committee or are life peers. The House of Lords will be explained in more detail as you progress through this course.

The political party which obtains the most votes during the general election will be invited by the monarch to form a government. The government is a separate political entity from Parliament. The government is responsible for the running of the country, creating and implementing any policies and drafting new legislation. Parliament is responsible for holding the government to account, checking proposed legislation, and debating and approving or rejecting new legislation.

It is the role of the first minister, who is commonly known as the Prime Minister, to take responsibility for forming the government and to appoint members of the government to take responsibility for specific areas, such as health or education.

You have now considered what a democracy is and how a democratic process forms part of what might be considered to be a fair and just society. The democratic process as it operates in the UK will now be explored.

3 The Westminster Parliament

The Open University — Mon, 22 Jun 2015 23:00:00 GMT

The Westminster Parliament consists of two chambers, sometimes referred to as two Houses: the House of Commons and the House of Lords. Most modern democratic societies have two debating chambers in their central legislative body. This is referred to as a bicameral parliament, as opposed to a unicameral parliament, which only has one legislative assembly, such as the Welsh Assembly. In theory the Westminster Parliament has a third element to the law-making process: the monarch, who is referred to as the head of state. The monarch maintains the right to veto proposed legislation by withholding Royal Assent. Royal Assent is the monarch’s signature on the piece of proposed legislation once it has completed all its parliamentary stages. Today, Royal Assent is a mere formality which is undertaken on behalf of the monarch. The monarch can provide Royal Assent in person but this rarely happens. In theory the monarch may refuse to give Royal Assent but this has not occurred since 1707 when Queen Anne refused to give Royal Assent for a Bill that was dealing with the regulation of the settling of the militia in Scotland. The last time a monarch provided Royal Assent in person for a proposed Bill was in 1854.

3.1 The House of Commons and the House of Lords

The Open University — Mon, 22 Jun 2015 23:00:00 GMT

It is within these two Houses that proposed legislation, known as a Bill, is discussed and debated at length. The process is prescriptive, which means the procedure is strict and follows a specific time frame and set of actions.

Figure 4 House of Commons (left) and House of Lords (right)

Long description

House of Commons

The Open University — Mon, 22 Jun 2015 23:00:00 GMT

The individuals in the House of Commons who participate in parliamentary debate are referred to as members of the House of Commons, otherwise known as Members of Parliament (MPs). The House of Commons is considered to be the most important chamber of the Westminster Parliament as members of this chamber have been elected by their constituents in a general election, which usually takes place every five years. Each MP represents a specific constituency when attending the House of Commons. Each MP is either a member of a political party, such as the Conservative party, Labour party, Liberal Democrats or one of the smaller parties. Alternatively, an MP does not have to be a member of a party and can be an independent MP. Each party or independent MP will have a (distinctive) position on political issues, which is reflected in their party manifesto. It is the manifesto which outlines the purpose and objectives of the political party, and the proposed changes they will bring about through new legislation if they are elected. It is the party with the majority of seats (MPs) which goes on to form a government. However, if a general election does not provide a political party with a large enough majority of MPs to form a government, two political parties may join together to form a government. It is the government who decides the policies of the UK and how these policies should be implemented through the introduction of new laws, or by amending existing legislation. It is these policies which become draft legislation, which will eventually be presented to the House of Commons and the House of Lords.

Members of the House of Commons are allowed to put forward questions to government ministers in the House of Commons during a session referred to as ‘question time’. The question time session usually takes place during the first hour of business in the House of Commons each day. The government is obliged to respond to these questions and the answers are published in a transcript known as Hansard, which is an official record of what is said in Parliament.

Take a tour of the House of Commons by listening to this audio recording, which is accompanied by a selection of pictures.

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House of Commons

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Transcript: House of Commons

MIKE GREENWOOD:

In the heart of the Palace of Westminster, there’s a place where even the Queen can’t go. It’s a panel chamber where legislation first gets put before Parliament. It’s the Chamber of the House of Commons. Over the centuries, it’s been burnt down, bombed, and rebuilt, and it's witnessed many an impassioned debate amongst MPs. My name’s Mike Greenwood, and I went on a tour of the Chamber with visitor assistant Sarah Polfreman.

SARAH POLFREMAN:

Well, it’s a very beautiful chamber. We have lots of green chairs and benches in front of us, and the Speaker’s chair, which has a canopy over it. The Speaker is a very important role. He controls the parliamentarians in here. MPs can be very rowdy.

It’s much, much smaller than you imagine it’s going to be. There are 646 MPs who can represent their constituents, but only 427 can actually sit in this chamber at any one time.

MIKE GREENWOOD:

On either side of us, looking towards the Speaker’s chair, there are these banks of green leather benches, climbing up to the wooden panelled walls. The actually layout of the chamber is very significant, as well.

SARAH POLFREMAN:

The government sits on the right-hand side from the Speaker, and the opposition on the left-hand side. This isn’t the original House of Commons chamber. Back in 1512, there was a fire, and Henry VIII moved out of this building where he lived, and he gave the whole of the building to Parliament.

And originally, the first House of Commons chamber was in what was his chapel, Saint Stephen’s Chapel. The MPs sat in the choir stalls. That is why they sit facing each other in Parliament. And it was so successful that when they moved the House of Commons to this area after another fire in 1834, it was kept.

House of Commons can get very, very heated, because it’s such an intimate chamber. Everybody is very close together. Ministers and MPs will bash the dispatch boxes. It’s like a cauldron of excitement at times.

MIKE GREENWOOD:

Let’s talk about those dispatch boxes a little more. They’re beautifully ornate, gilded, heavy boxes with metal fittings. What’s inside them?

SARAH POLFREMAN:

They have a religious text inside. Before any MP can actually sit in the Chamber of the House of Commons, they have to swear an oath of allegiance to the Queen. Some MPs in the past have refused to do so. There’s a particular Irish party, Sinn Fein, who refused to do so. In fact, they did have an MP put in the jail halfway up Big Ben because they wouldn’t give the oath of allegiance.

MIKE GREENWOOD:

There’s a jail halfway up Big Ben?

SARAH POLFREMAN:

That’s right. But no one’s been put up there for a good many years, probably half a century now.

MIKE GREENWOOD:

Just looking down on the carpet, looking up towards the Speaker’s chair, there are these red lines in the carpet. Again, there’s some meaning and ritual associated with those, isn’t there?

SARAH POLFREMAN:

Dates back to the time when MPs could come into the chamber wearing their swords. As debates get really, really heated at times, there was the risk that MPs would clash. Well, these red lines on the floor are two and a half sword lengths apart, and it means that everybody has to stay behind the red line when they’re speaking. If they don’t, the Speaker of the House of Commons says, ‘Order, order,’ and they tell them to toe the line, which means they have to stand behind it.

MIKE GREENWOOD:

So, these days in the House of Commons, words are more of a weapon than swords.

SARAH POLFREMAN:

That’s right, and that’s how it should be.

MP:

If the honourable gentleman will allow him to pose a question first, and I’ll check his point of order.

SPEAKER OF THE HOUSE OF COMMONS: (SHOUTING)

Order.

SARAH POLFREMAN:

The chamber was completely destroyed in 1941 following an air raid in the Second World War. This chamber took nine years to rebuild, and Winston Churchill insisted that the archway leading into the chamber remained unrepaired, because he wanted that politicians should realise that war is a very devastating thing, and that people suffer from it.

MIKE GREENWOOD:

When it comes to a piece of legislation arriving at the moment of truth – the vote to decide – how’s that vote conducted?

SARAH POLFREMAN:

If it’s unclear what the decision is in the actual chamber, the Speaker of the House of Commons will call a division, ask for the House to be cleared. There will be a division bell that rings, and the chamber will empty of all the MPs.

They will go round to the voting lobbies, either to the ‘aye’ lobby or the ‘no’ lobby. And people will come running from all 11 buildings in the Parliamentary State. And they have eight minutes to actually get to the voting lobbies. And if they fail to get there on time, the doors are shut, and their vote is not counted.

MIKE GREENWOOD:

It’s interesting, in a building redolent with history, I’m also struck by the forest of microphones and the television cameras. It’s also a chamber that’s got a modern life and the means of communicating in a modern way.

SARAH POLFREMAN:

Audio recordings for radio started in the 1960s, but television came along in 1989, and we haven’t really looked back since. It’s very important that Parliament is seen to be democratic, that the public is able to see what is going on.

MIKE GREENWOOD:

So the cameras and microphones can come in, but can the public?

SARAH POLFREMAN:

Yes, they can. They can sit in the gallery of the House of Commons and listen to the debates.

MIKE GREENWOOD:

Interesting. The one person that can’t come in is the head of state, the monarch.

SARAH POLFREMAN:

That’s right. We had King Charles I storm into the first chamber of the House of Commons with 200 troops. And when he left, he was locked out of that chamber, and no monarch has ever been allowed back into the House of Commons end of the building. The Queen today is only allowed to go as far as the Golden Throne in the House of Lords.

MIKE GREENWOOD:

If you want to find out more about the House of Commons and how you might visit it, please go to the parliament website – www.parliament.uk/podcasts. Thanks for listening.

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House of Lords

The Open University — Mon, 22 Jun 2015 23:00:00 GMT

Members of the House of Lords are not elected and are made up of peers, who have been appointed by the House of Lords Appointment Commission (HLAC), and life peers. The HLAC is an independent body which was established by the then Prime Minister, Tony Blair, in 2000. Peers have a wide range of knowledge through experience gained during their professional careers, such as in the legal or academic professions, business, health and in various roles in public service. They utilise their occupational experience by contributing to matters which are debated in the House of Lords, such as education, health and public services. The function of the House of Lords is important as it contributes to the democratic process by scrutinising and revising proposed legislation that has been proposed by the current government, but as you will see later on in this course their power to block legislation is curtailed by the Parliament Acts 1911 and 1949.

Members of the House of Lords do not have to be in a political office, such as being a member of a political party and, therefore, do not have to adhere to the convention of being either collectively responsible for a party policy or supporting proposed legislation. They may have a personal political persuasion and have previously held a ministerial role within a political party but this does not take away their independence as a member of the House of Lords. This places them in a position where they may either support or challenge a piece of proposed legislation by holding the government of the day to account, by questioning the MPs and undertaking formal enquiries which relate to the specific aspects of the new legislation. However, although members of the House of Lords may delay proposed legislation and bring the matter to the attention of the media and general public, they cannot defeat a piece of legislation. The reasoning behind this position, which is outlined below, is that members of the House of Lords are not democratically elected to this chamber. Whether a piece of legislation succeeds should be according to the will of the people, which is represented in the House of Commons and not by the members of the House of Lords. The bicameral structure of Parliament – the House of Commons and the House of Lords – produces a checks and balance system whereby power is not held by one body: the principle is that there should be transparency during the debate of any proposed legislation.

3.2 The Parliament Acts of 1911 and 1949

The Open University — Mon, 22 Jun 2015 23:00:00 GMT

The House of Commons may use existing legislation – such as the Parliament Acts of 1911 and 1949 – which will allow them to make law without the consent of the House of Lords. This rarely happens, but the House of Commons has this power available if the House of Lords cannot reach an agreement, or rejects a piece of proposed legislation which the House of Commons wishes to bring into force. The Parliament Acts were used when the government of the day pushed through the War Crimes Act 1991, the European Parliamentary Elections Act 1999, and the Hunting Act 2004. The last of these Acts outlawed the hunting of wild animals using dogs to locate and kill the animal (usually a fox). This was a controversial piece of legislation and the House of Lords was not able to sanction the proposed Bill.

Activity 2 Fitting the Bill

Watch the following film, which discusses the work of the House of Lords when dealing with a public Bill. A public Bill is a piece of legislation which has been proposed by the government of the day.

While watching, make some notes on the different stages (order of events) which the Bill passes through. You will discover that there are a set number of stages the Bill must go through before it is then passed back to the House of Commons.

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Activity 2 Fitting the Bill

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Transcript: Activity 2 Fitting the Bill

SIMON BLACKBURN:

So, most bills start in the House of Commons, and when they’ve finished with it, and it’s been through all its stages there, literally a hard copy is still walked up to the House of Lords, wrapped up in ribbon. It gets brought into the chamber, and a government minister will stand up and read the long title. And this is known as the first reading. And the long title is a paragraph on the bill which just sums up what that bill is doing. And then that hard copy of the bill gets taken out of the chamber and up to our office, where we keep it safe.

So, second reading is a debate, and members take it in turns to stand up and talk about the subject. And it’s quite useful, because they can also take the opportunity to tell the government, ‘well, this is what I think of your bill, these are the bits I’m going to try and change later on’.

Once we’ve received the bill, and once it’s had its second reading, then a bill is open for amendments. And members come into the legislation office and discuss with us the changes that they’d like to make to the bill. And then we put everything in the right order and print it up all ready for everybody to look at, when it’s in the chamber. If at second reading lots of people disagree with the subject, then at the end, they can have a vote and they can decide to throw out the whole bill there and then. But that doesn’t tend to happen very often.

HOUSE OF LORDS MEMBER:

My Lords, I beg to move that the house do now resolve itself into a committee upon the bill.

SIMON BLACKBURN:

Committee stage – everybody turns up and they go through the bill line by line. And, most of the amendments are a chance to try and work out what the government’s thinking, what its policy is in an area. So, people suggest changes just to see what the government says about them and whether they’ll accept them or not.

HOUSE OF LORDS MEMBER 2:

Questions. One is, what is the urgency to consider the report stage?

SIMON BLACKBURN:

So, the next stage is called report stage. And this time, they go through the bill line by line again. But the amendments are right down to the nitty gritty. These are changes that people really want to make. And, so quite often, we get more votes at report stage, because people really want to push the government and find out how many people agree with them.

LORDS’ SPEAKER:

Not contents, 218. Therefore, the not contents have it.

SIMON BLACKBURN:

The very last stage is called third reading. And this is pretty much just a tidying up. So, if there’s been a big change earlier on which has lots of consequential little changes. So after third reading, all the changes that have been made will be stuck in, or crossed out, as the case may be. And then it’s wrapped up in red ribbon with a message saying, ‘Dear House of Commons, here’s a bill that the House of Lords have passed, please will you consider it?’

HOUSE OF COMMONS:

Message from the Lords.

SIMON BLACKBURN:

So, ping pong is the point where the bill is going backwards and forwards between the two houses. And all they’re looking at are the areas where they can’t agree. So, everything else that’s agreed is put to one side. And on the areas where they can’t agree, they try and find a compromise. So, the House of Lords might say, ‘we don’t like this, what you think of this instead?’ And the Commons will either to say ‘yes’. Or they might say, ‘no, we don’t agree with that policy, but how about this compromise?’ And they’ll whittle it down until everybody’s agreed on a way forward.

So, when both houses have finished the bill, then the last stage is that the Queen is asked to signify that she’s happy with it. And when that happens, in both houses the Speaker and the Lords’ Speaker stand up and announce that the bill has been given its Royal Assent.

LORDS’ SPEAKER:

My Lords, I have to notify the House, in accordance with the Royal Assent Act of 1967, that the Queen has signified her royal assent to the following acts.

SIMON BLACKBURN:

Then the bill goes off, and the final copy is printed. And it’s that copy that is taken up to the parliamentary archives and is the official record.

End transcript: Activity 2 Fitting the Bill

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This is the process that takes place in both Houses (the House of Commons and the House of Lords) before the Royal Assent is given. You will learn more about these stages later on in this course.

3.3 The function of each House

The Open University — Mon, 22 Jun 2015 23:00:00 GMT

You are now aware that the role of each chamber (House) is to debate the proposed legislation as it goes through various stages. At this juncture you only need to be aware of the framework of the Westminster Parliament, how legislation is initiated and who will consider the proposed legislation. You also need to be aware that there is a given rule, referred to as a convention, that parliament cannot bind its successors. This means that a new political party that comes to power will be allowed to revoke and change the laws enacted by the last government in power. This convention ensures that a new government’s legislative powers are not limited. It is legislation that is the dominant law-making method in contemporary times. This is why, as a student of law, it is important to have a strong understanding of the legislative process.

4 Does the Westminster Parliament demonstrate a democratic process?

The Open University — Mon, 22 Jun 2015 23:00:00 GMT

The make-up of the Westminster Parliament is part of a democratic process but if a governing party has a large majority of seats (MPs) in the House of Commons this means that a political party with the majority of voting power will be in a dominant position. If this happens the legislative process will be controlled by those with the majority of votes. In such circumstances where the majority voting power is with one political party it can be argued that democracy is reduced as the wishes of the opposition parties, and the electorate who voted for them, might be ignored. An example of this is when a government’s proposed legislation has little opposition due to the large majority of the controlling party.

Activity 3 Proportioning democracy

Watch this film, which deals with the general election in the UK. It outlines the democratic process and how political parties persuade voters (the electorate) to vote for them. Make some short notes while watching the film.

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Activity 3 Proportioning democracy

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Transcript: Activity 3 Proportioning democracy

NARRATOR:

The Houses of Parliament, known also as the Palace of Westminster, has for centuries been the centre of our political system. We have two Houses of Parliament, the House of Commons and the House of Lords.

It is the role of both houses, or chambers as they’re often referred to, to work together to represent the people of the United Kingdom. They both help in framing new laws, scrutinising government policy, and debating the major issues of the day.

DAVID CAMERON:

It’s only our first exchange, and already the prime minister is asking me the questions. This approach is stuck in the past, and I want to talk about the future.

NARRATOR:

The House of Lords is made up of a mixture of representatives, some chosen by the Queen on the advice of the Prime Minister and others who have inherited their seat. Like the Commons, they scrutinise government policy and debate major issues. However, most of their time is spent revising and amending the government’s proposals for new laws. But it is in the House of Commons where the real business of lawmaking takes place, decisions that affect every person in the country.

POLITICIAN:

I certainly can say, as I said before, that it’s important that all schools get these freedoms. However, it is obvious that we disagree on the issue of admissions.

NARRATOR:

The House of Commons is made up of 646 people called Members of Parliament or MPs. The MPs represent 646 areas of the United Kingdom known as constituencies and are usually members of a political party. There are three main political parties. Firstly, there is Labour, who currently has the most members of Parliament.

As Labour has the majority of seats, it forms the government. Next there are the Conservatives, who have the second biggest total of MPs and so are referred to as the official opposition. And finally the Liberal Democrats, who have the third most seats. The other seats are made up of smaller parties. The election process can seem complicated. But in the UK, it’s based on a very simple premise. It’s referred to as the first-past-the-post system.

ADAM MELLOWS-FACER:

We have 646 MPs. And effectively a general election we have 646 separate elections in each constituency. And the votes in each constituency are tallied up, and whoever gets the most votes in that constituency wins a seat. Candidates tend to represent parties, and then when all these 646 MPs are brought together, the party with the most successful candidates will form the government.

NARRATOR:

As there are 646 constituencies, so the party that makes it first past the post of 324 seats becomes the government. Looking at the 2005 general election under the first past the post system, Labour won 355 seats. The Conservatives won 198 seats. And the Liberal Democrats won 62 seats.

First past the post is a clear and simple way to hold an election, as each voter only has to place one cross on the ballot paper. As a result, one MP is elected, and the people of that constituency know who to speak to if they have an issue they want resolving, regardless of which party they represent.

So, according to the first-past-the-post system, the political party that wins the most seats gets to run the country. But how do MPs win a constituency in order to gain a seat in Parliament? Usually, members of Parliament are elected once every four or five years when the government of the day calls a general election. This is when the whole country gets the chance to vote for the person or party they want to represent them in Parliament.

If you want to represent your area, first you have to be selected by your chosen party. In order to get elected, you need to run a campaign to inform voters in your constituency not just of your personal views, but your party’s views too. This is because voters will sometimes choose to vote for a candidate not because of who they are but because the party they represent shares similar views to their own.

You can also choose to stand as an independent candidate. Often, this means you represent a political cause or a local issue rather than a party. The following story shows what happened in the English town of Watford during the last general election in May, 2005.

As the election in Watford is very close, the battle is attracting national interest. So the main candidates come together for a significant and very public part of the campaign, a live national TV debate.

MAN:

This is Claire Ward.

CLAIRE WARD:

Hi.

NARRATOR:

Claire Ward, who has been the member of Parliament for Watford since 1997, represents the Labour Party. She has strong views about democracy and using our vote.

CLAIRE WARD:

Everybody’s vote makes a difference, and I think it’s appalling when people say that they’re not going to vote. We all have a responsibility in our society to determine what kind of community we’re going to live in. And because of that, we need to have a say. And on May 5th or indeed after any election, you’re going to end up with a government, or a council, or a local council or whatever it is that’s being elected.

And it’s important that ordinary people vote. If ordinary, normal people don’t vote, then you will always find that those who have an agenda, those who have perhaps very strong beliefs often not representative of the rest, will vote. And that’s not good for any society.

NARRATOR:

However, as the Labour Party is also in government, so she might be held accountable by local people for the government’s decisions. In this case, tensions have been running high over the recent Iraq War.

CLAIRE WARD:

They’ve already decided whether they agreed with that war or not. The arguments about whether the legality of it and the details of advice that was given by the Attorney General or not given are the sort of things that are playing out in newspapers and playing out in the media. I think that we made the right decision.

I think that we made it based upon a number of different factors. And what’s most important to me is that we now have an Iraq where it is being rebuilt, where the people in that country have an opportunity to vote for their own government, and where they’re free from Saddam Hussein. And I think that’s crucially important to the people of Iraq.

ALI MIRAJ:

This was a war where 100,000 innocent people have died. This was a war that we were taken to on the basis of a dossier that was essentially cobbled together. This was a war where we’ve actually been taken to war on the basis of advice which now appears not to have been unequivocal, as suggested. And I believe that we were wrong to go to war.

NARRATOR:

Ali Miraj is representing the Conservative Party. He plans to win the seat back from Labour after Claire Ward took it from the Conservatives in 1997.

ALI MIRAJ:

The last few weeks, what we’ve been doing is a lot of door to door knocking, canvassing, meeting voters on an individual basis trying to convince them that we’re the party for them. And we’ve done a lot of that now and have also had very good press coverage. The real challenge now is to get out our support.

We’ve got enough pledges to win the election in Watford. But it’s not simply enough to have loads of people out there who on paper say they’re going to vote Conservative. Now they’ve got to get out of their houses and put their X on that ballot paper. Because if they don’t, it’s all academic.

That’s going to be a big push on polling day as well. We’ll be up very early in the morning getting out a polling day leaflet as well, saying, look, today’s the day. This is your big chance. You’ve got the power to decide.

We’re doing a morning interview, and I’m actually going to be with my opponents, the Liberal Democrats and the Labour Party from Watford. We’re doing a kind of an interview of sorts. An issue about trust again and the Prime Minister is again being brought up, which I think will probably come up on the TV today.

It’s quite right for him to actually bring up the issue of trust in the Prime Minister. That issue is coming up on the doorsteps in Watford. And also, this is a seat where we need a 6.2 per cent swing to win it off Labour. And that’s what we’re working towards, and I’m confident that we’re going to get it.

SAL BRINTON:

Trust, and the Prime Minister is playing on the doorstep. Time after time, day after day, people say to me that they no longer trust the Prime Minister. And that’s not just Liberal Democrats. I’m hearing in Watford a lot of people saying they actually want to see a change, and a vote for the Lib Dems in Watford is actually a strong message to Tony Blair.

DOREEN FORD:

Hello.

SAL BRINTON:

Hello, Doreen Ford?

DOREEN FORD:

Yes.

SAL BRINTON:

I’m Sal Brinton. I’m your Liberal Democrat Parliamentary candidate.

NARRATOR:

Sal Brinton makes up the third challenger from the main political parties. Although the Liberal Democrats are the smallest of the main parties, Sal is confident that she can win this seat.

SAL BRINTON:

We’re clearly the challengers to the sitting MP. Everybody in Watford knows that. You only have to drive around the town and see that we have 10 times the number of posters than the other two parties who are fighting the seat alongside us.

But not just that, every time we stop on the doorstep, people come out, and they say, hello, Sal. I’m behind you. I’m backing you. We’re switching to you. So we’re getting a very strong message from the people of Watford that this time they want a change. They want someone who's going to be a strong voice for Watford in Parliament.

INTERVIEWER:

Environmental issues haven’t really played any part in the selection so far. Is that the kind of thing that you campaign on on the streets and are well received for it?

STEPHEN RACKETT:

Certainly it is. Traffic pollution has increased substantially over the last eight years.

NARRATOR:

Stephen Rackett represents the Green Party. Although his chances of being elected are slim, he still feels it is important to stand.

STEPHEN RACKETT:

There are two reasons. The first one is if we’re not there, the other parties certainly won’t talk about climate change. You have to actually cost them votes to make sure that they keep it on the agenda for not just this year but for the next five or 10 years. And there’s another reason, and that’s to gain support for, for example, in this election there’s also local elections going on at the same time.

And Greens and smaller parties tend to do much better at those local elections. And we find by standing in the Parliamentary election, it raises our profile. We get a television broadcast and a lot more coverage because we’ve got 200 candidates standing across the country. And that benefits our profile and our profile in the local elections which are happening at the same time.

NARRATOR:

After all the weeks of candidates trying to gain support, the day of the election arrives. This is the day the country is allowed to vote. In the United Kingdom, most people are allowed to vote when they reach the age of 18. Each year, every household receives an electoral registration form on which to list those people who are or are about to be 18.

When an election is called, ballot papers are sent to all those on the electoral register, which entitles them to vote in an election. Most people cast their vote in person or at a polling station, often located in a town hall or school, although postal voting also takes place. The vote is referred to as a secret ballot, as it takes place in a private booth.

Voters are asked to place a cross beside the name of the candidate they want to represent them in the House of Commons. They then place their paper in a ballot box. When the polling stations close at 10 PM, the ballot boxes are collected for counting. The count takes place in a large building, often a town hall. The ballot boxes are emptied onto tables, and volunteers count each one to check who has gained the most votes.

SAL BRINTON:

It’s really important to vote because we undervalue democracy in this country. This is our chance, every single person’s chance, to say what they think about the government and the way our public services are run. So if you’ve got a mum who has been waiting for a bed in a hospital for a while, or if you think you need more police on your streets, then you can actually say to each of the parties, I support you or I don’t support you. Now, without that, our democracy would completely fall to pieces.

ALI MIRAJ:

Well, I think it’s actually going to be a very interesting evening because my friend, Justine Greening, just got elected in Putney with a 60 per cent swing to the Tories, which is fantastic news for us. So it looks like it might be a very good night for the Conservatives, which is great. Too early to tell how it’s all going to pan out, but that's a very, very good indication for us that we’re going to have a good night.

NARRATOR:

Once the votes are all counted, the result is announced by the returning officer. He is in charge of making sure everything is fair.

RETURNING OFFICER:

Brinton, Sal, Liberal Democrats, 15,427. Miraj, Ali, the Conservative Party candidate, 14,634. Rackett, Stephen Bottoms, commonly known as Steve, Green party, 1466. Ford, Claire Margaret, the Labour party candidate, 16,575.

[CHEERS]

I declare [INAUDIBLE] Claire Margaret Ward to assume the [INAUDIBLE].

NARRATOR:

The result is close, but Claire Ward representing the Labour Party was again elected to represent the people of Watford. The Labour Party gained Watford and also the most seats around the country and therefore became the government once more.

CLAIRE WARD:

It’s fantastic to have been returned as the member of Parliament for Watford, something we’ve been fighting for really for the last four years since the last general election, even though it's gotten much harder in the last few weeks before the campaign. But it’s great to be back.

NARRATOR:

These election night scenes are being repeated in 645 other constituencies all over the United Kingdom.

RETURNING OFFICER:

Justine Greening, the Conservative Party candidate, 15,000.

NARRATOR:

In the London area of Putney, Conservative Party candidate Justine Greening has been elected to serve her constituency for the very first time.

JUSTINE GREENING:

It felt quite relaxed on election night because I knew that we’d done as much as we could. A lot of what I enjoy about politics is the democracy side of it. So, actually giving people a choice and that process of getting your message across to people, saying there’s an alternative to the one you currently have, is valuable in itself.

We ran a very local campaign. I think people are so, in many respects, switched off from politics that I think the one thing that they feel they can hold their local MPs and candidates accountable is what they do right there in the constituency. So I work very hard on a whole range of issues in Putney.

Really whatever our local priorities were, they became my priorities as an MP because half of the role is actually ensuring that you’re locked into your local constituency, you know what’s going on. Because if you’re really in touch with everything going on around you back in your constituency, then you’re much better placed to represent all of those issues here in Parliament.

NARRATOR:

Meanwhile, across in Kingston and Surbiton, Liberal Democrat Ed Davey faced an equally anxious wait.

ED DAVEY:

It’s very exciting. You’ve worked for many, many months and then very intensively for the last few weeks. And suddenly you reach the climax. And I guess it’s like doing an exam that eventually after all that hard work it pays off.

NARRATOR:

After the winner is announced on election night, that person then becomes the member of Parliament until the government decides to call another general election, when the whole process begins again. But for Justine, Claire, and Ed, getting elected was just the first challenge. Now they have to begin the hard work of being an MP.

CLAIRE WARD:

Well, the member of Parliament has a responsibility to represent the interests of their constituents, those people who elect them. And that isn’t just the people that actually vote for you but all of your constituents, whether they voted at all or they voted for other political parties. And your responsibility is split between your work in the House of Commons and also your work in constituency.

So, in the House of Commons, you might be taking part in legislation, debates, looking through new legislation, or bills as we like to call them, line by line. Or you might be asking questions of the government.

The people and the residents of Watford are not seeing as much benefit as they would like to because they would wish to see them extended and ensure that the funding for the community support officers that we have now carries on. Can he give that assurance?

POLITICIAN:

Well, I can assure my honourable friend that there are 20,000 extra community support officers that will be delivered if this government is returned to office.

JUSTINE GREENING:

The breadth of what you get to deal with as an MP is incredible. So, I deal with everything – immigration, housing, crime, the environment, planning issues that people are upset about. For example, the smoking ban, well, I’ve had hundreds of letters on it. And that really makes me think as an MP about what people in my constituency think about that issue and what I should do in order to represent them as a constituency MP.

I actually spent quite a lot of time going around to a lot of my local schools in sixth form. And I think one of the most challenging public meetings I did was with my local sixth form. And they asked some very insightful and difficult questions, frankly, before the elections.

ED DAVEY:

It’s quite a lot of work actually. I think people don’t realise how much work we actually do, not just in the House of Commons but in the constituencies, including in the evenings or weekends. So, I think MPs from all parties do work pretty hard.

What would be the real issue that you would determine your vote, how you would vote in an election? Have you got a thing that really concerns you most? Crime?

STUDENT:

And sometimes I do because I walk home by myself from school.

ED DAVEY:

You’re working both at very low-level issues – people’s drains, their trees, their pavements when you’re trying to work with them and the council to get little day-to-day problems fixed. And then the next minute, you might be in front of a camera or in the House debating something like Iraq, or freedom of information, reform of the House of Lords, a real big national policy issue.

NARRATOR:

The role of an MP is vital to ensure our democratic process. However, not everyone is totally convinced that we’ve got the process of choosing our members of Parliament right.

ED DAVEY:

Well, Liberal Democrats are very keen on changing our electoral system because we think it’s basically unfair. People’s votes don’t count the same. You can be in some parts of the country where if you vote Labour, you’ll never get a Labour MP and your vote is wasted.

And other parts you can vote Conservative or Liberal Democrats and your vote is wasted because you’ll never return under first-past-the-post system, the current system, a member of your choice. But there are forms of proportional representation, which Liberal Democrats support, that ensure that votes are more equal and have a voting system that’s fair.

ADAM MELLOWS-FACER:

The alternatives to first past the post are called proportional representation. They aim for a system which more fairly reflects the views of the electorate, the preferences of the electorate. The purest form of proportional representation would be to have one constituency across the whole of the UK, and seats would be allocated purely in proportion to the votes cast for each party across the country.

NARRATOR:

So, if the United Kingdom introduced proportional representation instead of first-past-the-post system, how would that have affected the 2005 general election result? A majority government requires more than half of the seats in Parliament. In 2005, there were 646 seats available, and using the first-past-the-post system, Labour won 355 of them with just over 35% of the votes cast.

The Conservatives won 198 with 32 per cent of the vote. And the Liberal Democrats won 62 with 22 per cent. Assuming voting patterns would have been the same, in a pure proportional representation system, the result of the 2005 general election would result in 227 Labour seats, 128 fewer than they have now.

The Conservative Party would have seen their number of seats increase by 11, and Liberal Democrats, 80 seats, more than doubling their representation. The Green Party, who did not win a single seat under first past the post, would have won 7 seats under this proportional representation system. Other smaller parties would also gain seats in the House.

Though individual independent candidates might have less chance of becoming a member of Parliament. Although even with these figures, the Labour Party would still be the largest party and so would be invited to form a government by teaming up with one or more smaller parties. This is called forming a coalition.

ADAM MELLOWS-FACER:

Another argument in favour of using PR is that by adopting a system where everybody’s vote counts, people are more likely to vote. Unlike in Australia, people in the UK aren’t obliged to vote at elections. And in the 2005 general election, only 61 per cent of those entitled to vote did so.

NARRATOR:

Given that proportional representation gives smaller parties a larger say in the way the country is governed, it is perhaps no surprise where support for its introduction comes.

ED DAVEY:

Mr Blair’s Labour government was elected by 35 per cent of the people who voted. That’s the lowest mandate of any modern British government in history. That cannot be right. That undermines democracy and the legitimacy of a government. And actually, I would say that people who voted in May 2005 should be very angry because they haven’t got what they voted for.

NARRATOR:

And it’s perhaps even less of a surprise who opposes its introduction.

CLAIRE WARD:

I think if you look around the rest of the world, you often see governments that have been determined by proportionate systems as being in coalition. They rarely have enough seats in their legislature to form a government, a one party. And they’re forced into coalition perhaps with two or three other smaller parties. I think that’s a betrayal to the public because at that point, people are getting something that they didn’t quite vote for. They’re getting a watered down version of what they voted for.

JUSTINE GREENING:

But there’s no doubt that one of the great benefits of the current system is that people vote for a person, and they will put their cross against a name. Now, some people say, well, that’s just a name with a party, so I’m a Conservative MP. But when you think about it, people do vote for the person.

And we have George Galloway who decided they didn’t want to fit into any of the main parties, started their own political party, and got elected. What I’d like about the system is that we all have our accountability to our electorate who vote for us. And I think that’s very clear cut, and I think that’s good.

NARRATOR:

The government has agreed to hold a review of the voting system looking at all the different forms of electing our MPs. So it’s possible the electorate may soon get to have their say in the final decision. The general election can often seem a lengthy process. But that is because the role of an MP is so important.

MPs get to make new laws and amend existing ones. They are entrusted with being our voice in Parliament, and they also get to hold the government to account when they feel they have done something wrong. This is why voting is so important.

JUSTINE GREENING:

I’m really keen on trying to get people as switched onto politics as possible and to know that it’s them and not about a load of crusty old people sat in the Commons.

ED DAVEY:

So voting is crucial so people can have their say and can feel that the democratic institutions are responsive to them. Because I believe in the main they are. I can assure you as a consistency member of Parliament, I take the views of my constituents very seriously.

CLAIRE WARD

I think politics is a little bit like a football game. You have a choice in life. You can either stand on the sidelines and shout at the players on the field and tell them how to score the goals and how to play the game, or you can be a participant, and you can be on that field, and you can be part of that team, and can help to score the goals.

And being part of the team in politics is either simply voting for someone who’s going to make a decision, going out there and casting your vote for a political party, or it’s really getting involved.

NARRATOR:

The MP selected from your area represents you. If their voice is one that you don’t agree with, you have the power to change it for one that you do. It is your right to do so. But it’s also a privilege that some other citizens around the world aren’t so lucky to enjoy.

End transcript: Activity 3 Proportioning democracy

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Activity 3 Proportioning democracy

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Now write a short explanation of no more than 400 words explaining the following:

a.the purpose of the UK general election
b.how the laws made in the Westminster Parliament may be said to reflect the will of the people in the UK
c.the difference between first-past-the-post and proportional representation.

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Comment

You may have selected a number of points from this film but some of the salient points are as follows:

The UK has created a first-past-the-post electoral system, which means that within each constituency in the UK the candidate who has received the most votes takes the parliamentary seat in the Westminster Parliament.
The political party with the most seats will win the general election and form the next government.
The alternative system, which has been argued for by some political parties, is proportional representation (PR). PR does not ignore the votes cast by the electorate for those MPs who did not gain a seat in Parliament. Rather, PR would reflect these votes by ensuring the distribution of seats in Parliament would reflect the proportion of the total votes cast for each party. PR would benefit small parties by increasing their likelihood of gaining a seat but may also lead to a situation where there is no one party with a majority of seats. In this case, two or more political parties would need to join together in order to form a government, which is referred to as a coalition. For example, no single party had a majority in the 2010 election, which led to a Conservative and Liberal Democrat coalition government.
On 5 May 2011 the Parliamentary Voting Systems and Constituencies Act 2011 allowed for a referendum to take place on whether or not to change the way Members of Parliament are elected to the House of Commons. The following question was placed on the ballot paper: ‘At present, the UK uses the “first past the post” system to elect MPs to the House of Commons. Should the “alternative vote” system be used instead?’ (Parliament, n.d.). The outcome of the referendum was: 32% voted yes and 68% voted no. The first-past-the-post system was to remain.
The legislation introduced and debated in the Westminster Parliament is undertaken by MPs who were elected by the British public. The MPs should act on behalf of the people in the UK by introducing and passing legislation which reflects the wishes of the citizens in the UK. However, as the UK uses a first-past-the-post electoral system, there is an argument that not all the views of citizens in the UK are being reflected in the current legislation that is produced and brought into force.

5 Pre-parliamentary process

The Open University — Mon, 22 Jun 2015 23:00:00 GMT

To understand how a piece of legislation is created you need to know the process that takes place prior to legislation being considered by both Houses of the Westminster Parliament. The majority of legislation that becomes law in the UK is proposed by the government, which will have outlined some of its proposals for new legislation in its party manifesto. A manifesto is a document which outlines a political party’s policies and aims. A party’s manifesto is made available by the government, which produces its manifesto during the general election. It outlines most of the proposed legislation, which is included in the Queen’s Speech at the opening of each session of Parliament.

5.1 Different types of Bills

The Open University — Mon, 22 Jun 2015 23:00:00 GMT

Draft legislation is referred to as a Bill, which is considered by both chambers (the House of Commons and the House of Lords) in Parliament. The proposal for new laws can originate from an MP or one of the lords who sit in the House of Lords. There are different types of Bills. For example:

public Bills
private members’ Bills.

A public Bill will have an effect on the general population and this is the type of Bill which is introduced by a government minister. A Bill known as a private member’s Bill is introduced by an MP or lord but they are not government ministers. The Bill, if it goes on to become law, will affect the general population – just like a public Bill.

A number of private members’ Bills are usually instigated by pressure groups who consult with a Member of Parliament. This is referred to as lobbying. These pressure groups may take the form of professional bodies or voluntary organisations that monitor current issues which may trigger a private member’s Bill. It is important to know and understand the role pressure groups play in promoting new forms of legislation. The next section of this course will consider in more detail the role of a pressure group and the introduction of a private member’s Bill.

5.2 Pressure groups

The Open University — Mon, 22 Jun 2015 23:00:00 GMT

The usual route for the electorate to engage in politics is through the voting system by electing their chosen MP. However, many individuals form organisations known collectively as pressure groups. These groups lobby MPs on various social issues and call for the introduction of new laws. An example is the debate dealing with the ban on smoking in private vehicles while children are present.

Box 1 Debate dealing with the ban on smoking in private vehicles while children are present

The pressure group Action on Smoking and Health (ASH) has campaigned against smoking in public places and also believes smoking in a private vehicle where children are present should be banned. ASH has engaged the assistance of the All Party Parliamentary Group (APPG) on Smoking and Health. The APPG on Smoking and Health is made up of MPs and peers (lords) and was founded in 1976. Its main role is to monitor the impact tobacco products have on health and put forward measures which will reduce any health risks/hazards.

All-party groups such as the APPG on Smoking and Health are run by members of the House of Commons and the House of Lords but do not have an official status within Parliament. Rather, their role is to liaise with individuals and organisations outside Parliament, such as the pressure group ASH. In this instance, the APPG on Smoking and Health has undertaken an inquiry and produced a report on the risks associated with smoking tobacco products in private vehicles where children are present, and the effect of this upon their health. This report clearly outlines the danger of smoking in a confined space and the direct effect this has on children.

Activity 4 Parliament on health: the dangers of smoking

Extracts

Read the extracts below which have been taken from the All Party Parliamentary Group on Smoking and Health (2011) Inquiry, which deals with smoking in private vehicles where children are present.

About the Inquiry

The All Party Parliamentary Group on Smoking and Health launched this Inquiry in response to the Smoking in Private Vehicles Bill 2010–11, introduced to parliament by Alex Cunningham MP under the Ten Minute Rule. The aim of the bill is to ban smoking in private vehicles where there are children aged under 18 present.

The bill had its first reading in the House of Commons on 22nd June 2011 and was supported by 78 votes to 66 against. The APPG was keen that the best available evidence should inform the debate stimulated by the bill and in particular the second reading, scheduled for 25th November. The purpose of this Inquiry was therefore to examine the most up-to-date evidence on the harm caused by smoking in cars and the regulatory issues raised by the proposed legislation.

(APPG, 2011, p. 4)

APPG Inquiry Findings, Conclusions and Recommendations

Background

In March this year the coalition government launched Healthy Lives, Healthy People: A Tobacco Control Plan for England. The plan identifies the serious harm of secondhand smoke and acknowledges that ‘people are today most likely to be exposed to the harmful effects of secondhand smoke in their own homes and private motor vehicles’. However, the plan stopped short of proposing new legislation to deal with this issue, opting instead for a voluntary approach to promoting behaviour change. In this spirit, a marketing campaign is planned for spring 2012 to remind smokers of the harms of secondhand smoke and to encourage smokers to make their homes and cars smokefree.
The government’s strategy was published at a time when the public debate on smoking in cars had already broached the options of legislative change. In March 2010 the Royal College of Physicians called for the banning of smoking in all vehicles in its report Passive Smoking and Children. Later that year the British Lung Foundation launched its Children’s Charter campaign with a focus on protecting children from secondhand smoke. The campaign includes a petition calling for smoking in cars to stop where children under the age of 18 are present.
This year the Royal College for Paediatrics and Child Health called for all cars carrying children to be smoke free while the British Medical Association voted to support a ban on smoking in private vehicles regardless of who is present as they considered this to be safest for children, easiest to enforce, and the most effective option.
This is an issue of great public interest with a growing evidence base. The Ten Minute Rule Bill introduced by Alex Cunningham MP in June this year has provided a clear focus for debate on this issue. The APPG is eager to ensure that this debate is informed by the best available evidence and addresses the practical and ethical issues raised by the legislation. These are the concerns of the Inquiry.
The APPG notes that the Welsh Government has followed a similar route to the coalition government in Westminster by choosing to pursue a mass media campaign focused on stimulating changes in smokers’ behaviour in cars with children. However, the Welsh Government has stated its intention to legislate if the campaign is ineffective. The Northern Ireland Executive has gone further and committed to a consultation which is due to be completed by spring 2012.

(APPG, 2011, p. 8)

The harm caused by smoking in cars

Findings and Conclusions

6. Smoking in cars causes several distinct harms. Firstly, there is the harm to the smoker from inhaling tobacco smoke. Secondly, there is the harm to other adults and children in the vehicle from inhaling secondhand smoke. Thirdly, there is the potential harm to children and young people from witnessing smoking as normal adult behaviour, as this increases the risk of smoking uptake. Finally, there is the potential harm to the driver, passengers and other road users from the driver’s temporary loss of full control of the vehicle.

...

15. Although it is difficult to identify the specific health impacts of secondhand smoke within cars, because people exposed within cars also tend to be exposed within the home, it is logically evident that the risk of harm is likely to be high, given the severity of the hazard and the scale of the exposure.

16. Children and young people are also affected by witnessing smoking as a normal adult behaviour. Children who live in households where adults smoke are much more likely to become smokers themselves than children growing up in non-smoking households. For every 10 children from non-smoking households who start smoking, 27 children from households where both parents smoke will start smoking themselves. Overall, if there is any smoker in a household, the likelihood that children within the household will start smoking is almost doubled. This modelling effect is responsible for about 20,000 young people becoming smokers by the age of 16 every year.

17. Smoking also affects driving safety. The Highway Code identifies smoking as one of several distractions that compromise safe driving. Unlike the use of mobile phones, smoking by drivers remains permitted. Yet the ‘inattentional blindness’ caused by using a mobile phone is also experienced when carrying out smoking-related tasks such as finding and preparing cigarettes, lighting up, and extinguishing the cigarette. International evidence demonstrates that the distraction created by smoking increases the risk of having a motor vehicle accident.

18. Although the evidence for these many harms is clear, care is needed in developing policy responses in order to avoid unexpected adverse outcomes. For example, critics of the ban on smoking in public places argued that it would result in an increase in children’s exposure to secondhand smoke in the home. In fact, this outcome did not occur: reductions in exposure to secondhand smoke have been observed in both public and private places since the enactment of smokefree legislation.

(APPG, 2011, pp. 8–10)

Now answer the following questions:

Question (a)

(a) Do you think it is right to ban smoking in a private space, such as a vehicle?

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Comment

This is a personal response and you may have said either ‘yes’ or ‘no’. The argument in favour of the ban relates to the dangers tobacco smoke poses for children in a confined space, such as a private vehicle. The alternative view is that smoking tobacco is not an illegal activity: why should the state control what you do in private?

Question (b)

(b)What do you think are the main arguments for not introducing legislation banning smoking in a private vehicle while a child is present?

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Comment

Again, there will be a mixture of responses but some of the arguments against this ban will relate to privacy and the right to smoke in your own personal space. A car, for instance, is a private space: should the legislature tell people how they should behave in private? This is the type of question that is raised when dealing with legislation that will tell people what they are not allowed to do in private.

Question (c)

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Comment

This will be a personal response and it depends upon the individual and how they perceive the risks and feel about the proposed legislation.

Below is an extract taken from the All Party Parliamentary Group on Smoking and Health (2011) Inquiry: the inquiry dealt with the issue of second-hand smoke (SHS) in cars. They found there was a significant increase in SHS when a single cigarette was smoked inside a car. If the proposal became law it would be an offence to smoke in a private vehicle where a child is present but then it is up to the state to police (enforce) this law.

2.0 It is well established that secondhand smoke (SHS) is a significant health hazard, and this has been the starting point for the creation of laws to reduce/eliminate SHS in public places, including the United Kingdom’s own comprehensive smoke-free laws. But there are other important venues where SHS can reach levels that are much higher than in pubs, where smoking is already banned. Most notably, this includes smoking in cars. A study published in 2009 found that just a single cigarette smoked in the small interior space of a car produced levels of secondhand smoke over 11 times greater than that of the average pub where smoking was allowed. Standard strategies for reducing SHS in a car (air conditioning, opening driver’s window and positioning the cigarette at that opening when not puffing) still left the levels of secondhand smoke at hazardous and unhealthy levels.

2.1 This and other similar studies have led eight of the ten provinces in Canada and one of the three territories to pass laws banning smoking in cars with children. The Canadian experience with such laws has been extremely positive: results from the International Tobacco Control (ITC) Survey in Canada has shown that over 80% of adult smokers support banning smoking in cars with children and similar levels of support have been found in the UK.

2.2 The conclusions are that:

it is established that SHS is dangerous to humans, particularly to children;
there are very high levels of SHS in cars, even when the typical strategies to reduce smoke are employed;
most Canadian provinces have passed a ban on smoking in cars containing children, and Canadian smokers have been very supportive, with support continuing to increase;
support among adult smokers in the UK is continuing to climb; it is now over 80%.

(Fong and Hitchman cited in APPG, 2011, p. 16)

5.3 Private member’s Bill

The Open University — Mon, 22 Jun 2015 23:00:00 GMT

Activity 4 demonstrated the use of a pressure group and how they can influence the introduction of a private member’s Bill. There are a number of ways in which a private member’s Bill may be proposed and introduced to the House of Commons:

A ballot procedure allows a maximum of 20 back-benchers. A back-bencher is a member of parliament who is currently not a member of the Cabinet and does not hold a ministerial post but may propose new legislation. However, the timeframe for Parliament to process new legislation means that there is only a small quota of legislation allowed to be introduced by back-benchers. At the beginning of each parliamentary session the 20 members who were successful in the ballot are allowed to present their proposed legislation. Each of the private members’ Bills are usually discussed on a Friday and given a provisional date for a second reading or any further stages to be undertaken. These Bills may be of a controversial nature and they tend to relate to a member or a group of members who have a connection with the subject matter. The majority of private members’ Bills are usually done through the ballot procedure.
Ten minute rule Bills are allowed under Standing Order No. 23. This order allows members to gain permission to introduce a Bill. The ten minute rule allows members to introduce a subject matter and a proposed change in the law. This process is usually taken up just after question time on a Tuesday. The ten minute rule was used by the MP Alex Cunningham to introduce a Bill which proposed a ban on smoking in private vehicles where there are children under the age of 18 years old present. Pressure groups such as the British Lung Foundation (BLF) have supported this proposal through their campaign against smoking in cars where children are present.
An MP is permitted to introduce a Bill after giving notice under what is known as Standing Order No. 57. This type of Bill cannot be presented until after all the ballot bills have been presented and they have reached the second reading stage.

An example of a private member’s Bill becoming law is the Abortion Act 1967 (as amended by later legislation), which was introduced as a private member’s Bill by the then Liberal MP David Steel: this is still the law governing abortion in England, Scotland and Wales today, though it has been amended on several occasions.

5.4 Agencies of reform

The Open University — Mon, 22 Jun 2015 23:00:00 GMT

There are various agencies of reform, such as the Criminal Cases Review Commission (CCRC), which monitor and evaluate current legislation. This independent body was created by the Criminal Appeal Act 1995. The CCRC monitors and reviews any possible miscarriages of justice and reviews the legal rules and process dealing with criminal cases. The Law Commission is another independent agency of reform which was created through a piece of legislation, the Law Commission Act 1965: the Law Commission monitors and reviews the law. It puts forward proposals to reform the law where there is a current problem with legislation or a need to introduce new legislation. The Law Commission tries to ensure that the law is fair, cost-effective and up-to-date with current practice. The Law Commission produces a number of papers which are referred to as Command Papers. These papers outline the current law (legislation), any perceived problems, recommendations and draft legislation for any changes to be implemented.

Activity 5 Evaluating and monitoring the law

Look at the ‘Forfeiture Rule and the Law of Succession’ consultation on the Law Commission website. To access this once you are on the website, click on the ‘Consultations’ tab and then on ‘A–Z of consultations’. This will provide you with a number of topics which have been reviewed or are under current review. Click ‘F’ and then click ‘Forfeiture Rule and the Law of Succession’. You only need to read the first page of this project, which will provide you with some information about the report and what might be considered to be wrong with the law.

In no more than 200 words, explain the role of the Law Commission and provide some information about the Forfeiture (Succession) Report.

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Comment

The role of the Law Commission is to monitor and review the law. It undertakes a review of a specific subject area and through a consultation paper consults with the public and professional bodies by seeking views and advice. The Law Commission produce a report, referred to as a command paper, which outlines the current legal rules and identifies any potential problems. They then put forward a number of recommendations and include a draft piece of legislation for the government to consider. The government then arranges for this draft legislation to be introduced into Parliament for debate by both Houses.

The Forfeiture Rule and the Law of Succession Report would have informed you that:

There is a rule of law, known as the forfeiture rule, which states that a person may not inherit from someone whom he or she has unlawfully killed. In 2000 the Court of Appeal decided that the forfeiture rule, when applied alongside the rules on intestate succession, disinherits not only the killer, but also the killer’s descendants.

(Law Commission, n.d.)

You are informed at the beginning of the report that the recommendations of the Law Commission have been accepted by Parliament and have now been implemented through new legislation: the Estate of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011.

5.5 White and Green Papers

The Open University — Mon, 22 Jun 2015 23:00:00 GMT

You may come across the terms ‘White Papers’ and ‘Green Papers’ when dealing with proposed legislation. These Papers are consultation papers produced by the government, which outline changes to existing legislation or government proposals that are still taking shape and are seeking comments from the public. A Green Paper refers to suggested reforms in the law and a White Paper outlines the proposals that are going forward and will appear in draft legislation, known as a Bill. There is no requirement for White or Green Papers to be produced before a Bill is introduced into Parliament but they are common when it comes to implementing government policy.

Activity 6 Democracy revisited

Watch this short film which highlights some of the points identified in the previous sections of this course. Make some personal notes for yourself and try to identify the reasons why we have a democracy, how a democracy is achieved in the UK and why we have legal rules.

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[EXHALING]

[JEERING]

[BOUNCE]

[GLASS BREAKING]

[SLAM]

PEOPLE:

Whoop, whoopee!

[SQUIRT]

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Comment

Democracy, in theory, ensures everyone is treated fairly in the sense that power is not in the hands of one person or government body. The distribution of power in the UK is through a general election which allows citizens in the UK to vote for their chosen parliamentary candidate. This system enables the political party with the most votes to acquire the most seats (MPs) in the Westminster Parliament. It is MPs who represent the UK citizens in Parliament and in this way there is a process that is designed to reflect the views of society when considering, discussing and passing new legislation.

6 Draft Bills and pre-legislative scrutiny

The Open University — Mon, 22 Jun 2015 23:00:00 GMT

A Draft Bill is a Bill that is published to enable consultation and pre-legislative scrutiny before a Bill is formally introduced into either the House of Commons or the House of Lords. The short film below outlines how voting takes place when dealing with a Bill and some of the parliamentary procedures that take place, such as calling MPs and Lords to vote by sounding the division bell.

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HOST:

In this clip, we’ll be looking at voting and legislation in the Houses of Parliament. Now we’re here in one of the voting lobbies in the House of Commons. Now with the Lords and the Commons, it’s usually the speaker, or the Lord Speaker, who assesses the will of the House, and therefore which side has won. However, if the speaker’s decision is challenged by further shouts of ‘aye’ or ‘no’, then the speaker calls for a vote.

Now it doesn’t matter if that division happened in either the Lords or Commons. A division bell rings out across the entire parliamentary estate. And when the bell rings, members of the House of Commons have eight minutes to get into their chosen division lobby. In both the Lords and the Commons, the division lobbies run along the sides of the main chamber. In the Lords, these lobbies are divided into content and not content. And in the Commons, they’re divided up into aye and no.

Now in the Commons, when the MPs leave the voting lobby, they file past one of three desks, depending on where their name falls in the alphabet. And they give their name over to a clerk behind the desk who puts that down on a list. And that list becomes public record of how the MP has voted. It also goes on to be part of the official parliamentary report known as Hansard.

Now just beyond those desks are two doors, which are left just slightly ajar so as only to allow one person through at a time. And as the MPs file through one by one, they’re counted by two other MPS known as tellers who stand just beyond those doors. And at the end of the voting process, it’s those tellers that go back into the chamber, and when requested by the speaker, read out the final numbers. For example, ayes 279, nos 162.

We’re in the content lobby of the House of Lords. Now votes can be required for many different matters under discussion, including draft legislation. But the process of lawmaking requires the agreement of both houses. Now the process by which a piece of draft legislation, or a bill, becomes law is roughly the same in both houses. However, if the division happens here in the House of Lords, then these panels can fold down and form desks, and then members of each lobby are filed in alphabetically, and they give their name over to a clerk who ticks it off on a list.

Now as in the Commons, it’s the tellers who count the numbers, and then return to the chamber, where the final result of the division is announced. Now a bill can be introduced into either house, where it’s given a formal introduction or a first reading. Then a general debate over its contents, which is at the second reading debate. It then enters the committee stage, which is a more in-depth, clause-by-clause examination, and that in the Commons is usually carried out by a separate committee.

And the bill as amended is then reported back to the House for further debate over amendments and clauses. Then it’s given a final third reading before being turned over to the Second House, and that process begins all over again. Now if the Second House make any further amendments to that bill, then they eventually have to go back to the First House to be approved by them. And if the First House make any further amendments on top of that, then that has to be approved in the Second House, and so on and so forth, back and forwards between the two in a process called ping-pong. But when both houses agree on the wording of a bill, then it’s given royal assent by the Queen. Now that’s a formality, which means that the bill becomes an act of Parliament, or law.

WOMAN:

The other films in this series will show you the debating chambers used by the Lords and Commons, parts of the old palace, as well as introducing you to the work that Parliament does. We hope you enjoy your tour.

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6.1 How statute law is made

The Open University — Mon, 22 Jun 2015 23:00:00 GMT

Legislation is proposed, presented and made in the Westminster Parliament. As outlined earlier, the Westminster Parliament is made up of two chambers (Houses) and the monarch. Proposed legislation is known as a Bill, which is also referred to as draft legislation and must be debated by both Houses through a set of stages that are referred to as:

First reading
Second reading
Committee stage
Report stage
Third reading
Royal Assent.

This process takes places in both Houses and if the Bill starts in the House of Commons it passes to the House of Lords once it has completed all its stages. In the House of Lords it then goes through the same stages from first to third reading. It is then passed back to the House of Commons with any comments or suggested amendments. This latter stage is known by the term ‘ping pong’ as the Bill goes back and forth between the two Houses.

Before considering each of these stages, take a look at the following diagram, which tries to capture all the possible stages that take place before a proposed piece of legislation becomes a Bill and eventually an Act of Parliament. Consulting the diagram will help you to visualise the process when you read the next section of this course.

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Figure 5 How an idea becomes law

Long description

6.1.1 First reading

The Open University — Mon, 22 Jun 2015 23:00:00 GMT

The first reading is the reading out of the title and identifying the date for the second reading. The Bill is then published and made available for members of the House who will have an opportunity to debate the Bill at the second reading.

6.1.2 Second reading

The Open University — Mon, 22 Jun 2015 23:00:00 GMT

A spokesperson or government minister will be made responsible for the Bill and will introduce the Bill at the second reading. Once the minister has outlined the Bill and made any specific points there will be an opportunity for the opposition parties to give their opinions on the Bill. There may be support and opposition to the Bill and this depends on the nature and purpose of the Bill. At the end of the second reading the House votes on whether to support the Bill or oppose it. If the majority of MPs support the Bill it will then proceed to the next stage, which is the committee stage.

6.1.3 Committee stage

The Open University — Mon, 22 Jun 2015 23:00:00 GMT

The committee stage is where the Bill is scrutinised and also where any amendments usually take place. The committee’s role is to examine each clause (paragraph) of the Bill, and if the Bill was first presented to the House of Commons, at this committee stage evidence may be provided by experts or any external pressure groups. There will be an appointed chairperson of the committee and a designated number of members of the committee who will be responsible for the examination of the clauses. The chairperson may select and put forward an amendment at this stage, which must be passed by a majority vote taking place among the members of the committee. Once all the amendments have been undertaken the Bill is re-drafted and printed. It is then returned to the House for the report stage.

6.1.4 Report stage

The Open University — Mon, 22 Jun 2015 23:00:00 GMT

The report stage provides MPs with an opportunity to consider the changes that have been undertaken at the committee stage. It also allows them to put forward any further amendments. The third reading usually takes place straight after the report stage.

6.1.5 Third reading

The Open University — Mon, 22 Jun 2015 23:00:00 GMT

This reading considers the amended Bill: no changes may be undertaken during the third reading in the House of Commons. There is then a vote and if the majority of MPs vote in favour of the Bill it is passed to the House of Lords for its first reading: it then follows a similar process as outlined above.

Once there is mutual agreement by both Houses the final version of the Bill can receive Royal Assent. It is only upon receiving Royal Assent that the Bill will become an Act of the Westminster Parliament. The Act (statute) will either become law immediately or a date will be set for when the Act will come into force. Occasionally, the House of Lords will not agree the final amendments, and the Bill falls. However, the Parliament Acts may be utilised and this will allow the House of Commons to pass the Bill without needing the House of Lords’ consent.

6.1.6 A Bill

The Open University — Mon, 22 Jun 2015 23:00:00 GMT

Figure 6 outlines the passage (stages) a Bill must go through before it becomes law. The Bill may start off in the House of Commons or House of Lords, but it must go through both Houses before it becomes law.

Figure 6 The passage a Bill goes through

Long description

To see short explanations of each stage, consult the UK Parliament website.

6.2 An Act of Parliament

The Open University — Mon, 22 Jun 2015 23:00:00 GMT

Having considered the various stages a Bill must go through before it becomes law, in the next activity it is time to have a look at a piece of legislation.

Activity 7 Concentrate on contracts

Read the first page of the Unfair Contract Terms Act 1977:

Figure 7 Unfair Contract Terms Act 1977

Long description

Now write out in your own words what you think the Act is trying to achieve.

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Comment

Its purpose is to control the use of the exclusion or limitation clauses that have been incorporated into a contract.

6.3 Reading a statute

The Open University — Mon, 22 Jun 2015 23:00:00 GMT

The layout and structure of a statute follows a specific order. As part of this course you need to be able to refer to the areas within a piece of legislation. Below you are provided with an outline of the structure of a statute.

Title
Citation – chapter number
Long title
Date of Royal Assent
Sections.

7 Enabling legislation

The Open University — Mon, 22 Jun 2015 23:00:00 GMT

Earlier, you were introduced to the stages a draft piece of legislation goes through in order to become an Act of Parliament. Enabling legislation (primary legislation) follows the same process but the content of the legislation has not been fully outlined in the Bill. Rather, it outlines the nature of the legislation and explains what it wants to achieve. It is referred to as a parent Act or enabling Act as it confers powers to a government minister or ministerial body to develop the details of the legislation at a later date. This form of legislation is known as delegated or secondary legislation as it delegates the task of putting the flesh on the framework to a government minister or ministerial body. An example of delegated legislation is referred to as a statutory instrument (SI). An SI allows a government minister, such as the health minister or social security minister, to develop the legislative rules while implementing government policy. The minister is given the power to do this under the enabling Act and this is lawful as long as the minister operates within the powers (intra vires) of the enabling Act. Occasionally, a minister may be accused of abusing this power by acting outside the powers (ultra vires) of the enabling Act. The process for such an investigation is referred to as a judicial review. If this allegation is proven then the rules, codes or statutory instruments would not be lawful.

7.1 So, why do we have delegated legislation?

The Open University — Mon, 22 Jun 2015 23:00:00 GMT

Delegated legislation enables a government to change the rules (law) by using the powers provided by the primary legislation (enabling Act), such as statutory instruments which are drafted (written) by government departments. Much of the delegated legislation created in England and Wales is created in the form of statutory instruments.

Activity 8 Legislating for legislation

Read the following article (Pywell, 2013). While reading this article try to identify the different types of delegated legislation and in your own words explain the differences between these various types of delegated legislation.

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Comment

The details in this article explain the different types of delegated legislation, such as statutory instruments, bye-laws and orders in council. You will have noted the author’s criticisms about the way delegated legislation has been labelled and how this can be misleading. The table provided in the article summarises the different types of delegated legislation and explains where they originated from.

8 Devolution – transfer of powers

The Open University — Mon, 22 Jun 2015 23:00:00 GMT

Figure 8 Map of the United Kingdom

Long description

Figure 8 is a map of the United Kingdom, which identifies the four different countries that constitute it. In this part of the course you will explore the concept of devolved power from the Westminster Parliament to the recognised bodies of the Welsh Assembly, Scottish Parliament and Northern Ireland Assembly.

Devolution is the transference of power from central government to local government. Since 1999 the decentralisation of power from the Westminster government has taken place. Certain matters that were once dealt with in London are now distributed to Scotland, Wales and Northern Ireland. Since devolution has taken place we now have the Welsh Assembly in Cardiff, the Northern Ireland Assembly in Belfast and the Scottish Parliament in Edinburgh.

Watch this short film, which provides some additional information on devolution and outlines some of the powers that have been transferred to different parts of the UK.

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BRIAN TAYLOR:

Scotland was always distinct. But devolution has amplified that difference. Big domestic issues, such as hospitals, schools, universities, and policing are handled here at Holyrood, not at Westminster. But that definitely doesn’t mean the UK general election is less important in Scotland. Far from it.

For Scotland, Westminster controls overall public spending, the broad economy, social security, defence, and foreign affairs. Big issues, big choice. Plus, of course, those devolved issues will tend to be stirred into the mix as voters here in Scotland form an overall impression of the candidates and the parties. Then politics, like the truth, is seldom pure and never simple.

BETSAN POWYS:

‘For Wales, see England?’ Not anymore. A decade of devolution has put paid to that. People in Wales are at ease with the fact, switched on to the fact, that the education their children get, the care their parents get, are decisions taken here in the assembly. But every penny of the public money that goes into running those services comes from the Treasury. So there’s just as much at stake for voters in Wales as in England, when parties talk about cutting or not cutting public spending.

Not devolved, foreign affairs, defence, policing. But then voters in Wales want to make their clean cut decision how to vote in this election based on a clean cut understanding of the devolution settlement. It doesn't work like that. Which candidate they like the look of, which party leader has made an impression. That will count over here just as much as it does over there.

MARK DEVENPORT:

Here in Northern Ireland, some people, especially unionists, still find it hard to stomach Irish Republicans, who once advocated violence, wielding power. But for many others, that’s the whole point of devolution. It’s better than what went before. There is still, of course, some dissident Republican violence. But for many young people, the troubles have receded into history. They want an administration that will work for them in the here and now, whatever happened in the past.

On that score, Stormont has had a patchy record. On the upside, local politicians have leveraged extra money for the justice system. They’ve also delayed water charges, held down the rates, and unemployment is well below the UK average. However, the system here has a tendency towards deadlock. And for all the talk of entering a new era of prosperity, Northern Ireland remains heavily dependent on a subsidised public sector. So better than what went before, but the devolved government here will increasingly be judged not on its past, but on how it delivers for the future.

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As this course is discussing the law that governs England and Wales, the focus will be on devolution in Wales.

8.1 Devolution in Wales

The Open University — Mon, 22 Jun 2015 23:00:00 GMT

The political roots for devolution in Wales originated in 1886 when a body known as Cymru Fydd (Young Wales) was created by the Liberal political party, which was asking for home rule in Wales. The transfer of power from Westminster to Wales has been a slow process and it was not until 1964, after a general election, that the role of the Secretary of State for Wales was created and the Welsh Office was established in Cardiff. Yet, all law-making processes took place in the Westminster Parliament. It was not until May 1997, when the Labour party won the general election, that a referendum was arranged. The referendum asked the people of Wales whether they wanted their own assembly. The result of the referendum in July 1997 was 50.3% in favour of a Welsh Assembly and 49.7% against it. The result triggered a White Paper, which was called ‘A Voice for Wales’: it was published on 18 September 1997 and outlined the need for a Welsh Assembly and its law-making powers. This was debated in the House of Commons by the then Secretary of State for Wales, Ron Davies. The extract below has been taken directly from Hansard, which is the official transcript of the proceedings. It is easy to see why the Secretary of State was in favour of a Welsh Assembly.

Box 2 The road to devolution

22 Jul 1997 : Column 757

Welsh Assembly

3.30 pm

The Secretary of State for Wales (Mr Ron Davies): With permission, Madam Speaker, I should like to make a statement about the Government’s proposals for creating an Assembly for Wales. The Government believe that, in the United Kingdom, too much power is centralised in the hands of too few people. We believe that there is too little freedom for people in each part of the United Kingdom to decide their own priorities. Our manifesto made clear our intention to give Britain a modern constitution fitting a modern and progressive country. We believe that it is right to bring decisions closer to people, to open up government, to reform Parliament and to increase individual rights.

The White Paper [‘A Voice for Wales’] that I am publishing today marks a major step forward in the achievement of our proposals for Wales. We propose to create a democratically elected Assembly that will give the people of Wales a real say in the way public services in Wales are run.

Since the Welsh Office was set up more than 30 years ago, there has been a progressive devolution of administration to Wales. As Secretary of State for Wales, I am responsible for taking decisions about health, education, economic development, roads, planning and many other public services that matter to people’s everyday lives. I am accountable to the House, but our procedures here are too often seen as remote from the day-to-day realities of devolved administration.

(Davies, 1997)

This was the road to devolution, which was slowly being carved out for Wales. In the next sections you will see how the limited law-making powers within Wales have now been transformed to full law-making powers.

8.2 The call for a Welsh Assembly

The Open University — Mon, 22 Jun 2015 23:00:00 GMT

The call for a Welsh Assembly was stronger than ever and the referendum in Wales had confirmed the need for a separate law-making body in Wales. However, it would seem that the law-making powers for the Assembly in Wales were being curtailed. Take a look at the following quote, which has been taken directly from the Constitution Unit, School of Public Policy, which produced a paper commenting on the White Paper ‘A Voice for Wales’:

The Welsh Assembly will have no law-making power, but will take over the executive responsibilities currently exercised by the Secretary of State for Wales (health, education, local government, transport, agriculture, industry and training etc.). In these policy areas the Assembly will operate within a legislative framework set by Westminster. Within this framework it will have power to make rules and regulations by secondary legislation.

(Hazell, 1997, p. 1)

This statement summed up the position of the Welsh Assembly as a law-making body. It was clear that the Welsh Assembly had a voice but the script was still being written by the Westminster Parliament: all legislation was still being created by the Westminster Parliament and then discussed by the Assembly Members in the Senedd (Senate).

8.3 The creation of the Welsh Assembly

The Open University — Mon, 22 Jun 2015 23:00:00 GMT

In 1998 the Government of Wales Act created the National Assembly for Wales as a single corporate body. This in effect provided the Assembly with the right to create secondary legislation and have 60 Assembly Members (AMs). However, in 2006 the Government of Wales Act (GOWA) was passed in the Westminster Parliament and transferred power to the Welsh Assembly to make its own law (primary legislation) within a number of specific areas, such as education and health. This means that the laws passed in the Westminster Parliament still apply to Wales but certain subject areas are now transferred to the Welsh government that resides in the Welsh Assembly in Cardiff.

Figure 9 National Assembly for Wales

Long description

The Welsh Assembly, which includes the 60 AMs, is the legislature for Wales, alongside the Welsh Government, which includes the First Minister, Deputy Ministers, Ministers (in the Cabinet), and the Counsel General. It is important to note that the legislature is separate from the Welsh Government, which is known as the executive. This recognises the separation of powers between the legislatures, which includes all AMs from different political parties. Just like the UK government, the political party that holds the majority of seats in the Welsh Assembly forms the government. The function of the Welsh Government is to consider and implement policy decisions through the legislative process, whereas the Welsh Assembly legislature (all the AMs) scrutinise proposed legislation being put forward by the Welsh government: this reflects the same process that takes place in the Westminster Parliament when new legislation is being debated.

Activity 9 Constitutional considerations

Below is an extract from a journal article by Peter Leyland (2011), ‘The multifaceted constitutional dynamics of UK devolution’. Read this extract and make some notes.

The most limited form of devolution was devised for Wales.¹ Although Wales retained its distinctive language and culture when originally brought into the U.K., from the standpoint of law and administration it lacked Scotland’s distinctive legal and education system and Wales was more integrated with England. Moreover, it was clear when devolution was introduced that there was much less popular support for this change in Wales.² However, the limitations of the Government of Wales Act 1998 were such that the devolved institutions in Wales have already been granted additional powers following the passage of the Government of Wales Act 2006. The major original difference was that the Welsh Assembly, unlike the Scottish Parliament and Northern Ireland Assembly, was not granted the power to pass legislation in its own right. The fact that Welsh Bills had to take their place in the queue before being shepherded through the Westminster Parliament by the Welsh secretary was regarded as a serious drawback.³ Otherwise the Welsh Assembly only had the power to pass secondary legislation.⁴ In consequence, there were almost immediate calls after devolution to give the Welsh Assembly the power to pass laws.⁵ The Westminster government responded by granting the Assembly powers to propose a form of law known as a ‘Measure of the National Assembly of Wales.’⁶ These measures are enacted by first receiving scrutiny and approval by the Assembly and, then, the measure is referred to the Westminster Parliament for approval by resolution of each house before being recommended as a new form of Order in Council.⁷ This procedure created a special form of delegated legislation which potentially could be vetoed at Westminster. However, in practice, the new procedure overcame the problem of securing the passage of legislation required for Wales through the Westminster Parliament. The revised arrangements for Welsh legislation might have proved problematic if there was a strong conflict of wills between the Welsh Assembly and the government in power at Westminster—for example, if different political parties had a majority in the Assembly and at Westminster. In another sense, these measures to enhance the lawmaking capacity of the Welsh Assembly⁸ have a wider, incidental impact, as there is now distinctively ‘English’ legislation introduced before the Westminster Parliament.⁹ A referendum in accordance with the provisions of the Government of Wales Act 2006 was held in March 2011 which approved by a large majority (63.5 per cent for with 36.5 per cent against) the conferral of full legislative powers upon the Welsh Assembly.¹⁰ In consequence, the Welsh Assembly in common with the Scottish Parliament and Northern Ireland Assembly will soon have powers to pass legislation concerning the policy areas which fall under its competence.

There are some obvious parallels between Scotland and Wales with respect to the electoral system and the organization of the legislative and executive bodies.¹¹ The Government of Wales Act 1998 set up a single chamber Assembly for Wales, consisting of sixty members¹² who must be elected every four years by an additional member system. Each elector is given two votes. Assembly members for each constituency are returned by simple majority, while the four Assembly members for each region are returned by a system of proportional representation based on party lists.

In common with Scotland, the Welsh Assembly is required to form policy and take decisions in its particular areas of responsibility. Also, as in Scotland, the cabinet style of government is formed following an election. The newly elected members of the Welsh Assembly vote for a first minister. Once elected, the first minister has the power to appoint an Executive Committee of Assembly Secretaries, which forms the equivalent of a cabinet. The ministerial portfolios of this executive committee (the combinations of policy areas allocated to the individual assembly secretaries) determine the areas of competence of the scrutiny committees (or subject committees) that are subsequently formed to provide executive oversight. The appointments to the executive committee can be from a single party or a combination of parties.

As with Scotland, the Welsh executive took over, by means of transfer orders, most of the administrative functions of the secretary of state for Wales under the Government of Wales Act 1998.¹³ Cabinet members have the equivalent of departmental responsibility for their given policy areas. Although the National Assembly of Wales was formed as a single corporate body, a de facto division emerged postdevolution between the Welsh Assembly government and the Welsh Assembly as a representative body. The Welsh Assembly government has been recognized under the Government of Wales Act 2006 as an entity separate from, but accountable to, the National Assembly. One significant difference between the approach to devolution in Scotland and Wales is that while the Scottish Parliament was granted general competence, subject to the reserved matters under the Scotland Act, in the case of Wales powers were conferred according to particular areas of policy.¹⁴ The Assembly and executive are also responsible for many Welsh nondepartmental governmental organizations, funded and appointed by government. ¹⁵

From this brief discussion, it will be apparent that there are clear parallels between the general frameworks of Scottish and Welsh devolution, including, for example, the method of election and the way a devolved executive is formed. This resemblance will grow a great deal closer should the proposal to give the Welsh Assembly full lawmaking powers gain the approval from the Welsh electorate in 2011. However, the Welsh Assembly has no devolved tax-raising powers (unlike the proposals for Scotland), and no such powers are in immediate prospect.

Notes

¹ For a compelling study of the parameters of Welsh devolution, see Richard Rawlings, Delineating Wales: Constitutional, Legal and Administrative Aspects of National Devolution (2003).

² The margin in favor of Welsh devolution in the referendum was less than 0.2 percent.

³ Richard Rawlings, Law Making in a Virtual Parliament: the Welsh Experience, in Devolution, Law Making and the Constitution (Robert Hazell & Richard Rawlings, eds., 2005).

⁴ Otherwise the Welsh Assembly only had the power to pass secondary legislation.

⁵ See the Richards Commission.

⁶ Government of Wales Act 2006, s. 93.

⁷ GWA 2006 s. 94. Orders in Council are usually secondary legislation issued under powers in a parent act, and they are often used for transferring powers and responsibilities.

⁸ See Better Governance for Wales, Cm. 6582, 2005.

⁹ Whereas English and Welsh legislation were often combined the introduction of Assembly Measures with a different procedure means that the Westminster Parliament now passes legislation which only applies to England. This trend will be accentuated as the Welsh Assembly acquires its own law-making powers. See Richard Rawlings, Hastening Slowly: The Next Phase of Welsh Devolution, Pub. L. 824–852, 841 (2005).

¹⁰ GWA 2006 s. 104 and s. 105. See http://www.bbc.co.uk/news/uk-wales-politics-12648649.

¹¹ GWA 1998, ss. 3–7.

¹² An obvious reason why the Welsh Assembly has fewer members than the Scottish Parliament is because Wales has a smaller population.

¹³ GWA s. 22(2) and schedule 2.

¹⁴ The principal matters devolved are: agriculture, forestry, fisheries and food, environmental and cultural matters, economic and industrial development, education and training, health, housing, local government, social services, sport and tourism, town and country planning, transport, water and flood defenses, and the Welsh language.

¹⁵ For example, the Welsh Health authorities and the Welsh Tourist Board.

Could the Welsh Assembly make its own legislation?

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Comment

The Government of Wales Act (GOWA) 1998 only allowed the Welsh Assembly to create and implement legislation after it had first obtained permission from the Westminster Parliament. The system operated through what was known as obtaining ‘legislative competence’, which meant that for the Welsh Assembly to be able to make legislation on a specific area this must first be approved either in a Westminster Bill (later a statute) or through an Order in Council process which is sanctioned by the GOWA. Once the legislative competence had been given to the Welsh Assembly this right became a continuing one and there is no need to seek future permission to legislate on this area again. This meant that the Welsh Assembly only had the right to go ahead and formulate new legislation if it had first been approved by the Westminster Parliament. An example is the Welsh Assembly’s right to create its own legislation dealing with special educational needs in Wales. In effect the Welsh Assembly was building up a large selection of areas which had been devolved to them and this enabled them to create new legislation as and when it is necessary without the need to seek further permission.

The laws that were previously passed by the Welsh Assembly were referred to as measures and not statutes. Measures are primary legislation but still need to be approved by the monarch, just as a statute receives Royal Assent. The introduction of an Assembly Measure had the same effect as a statute passed by the Westminster Parliament. There are some restrictions which are outlined in Part 3 of the GOWA but otherwise the Welsh Assembly has devolved powers to make its own legislation in certain areas. However, in 2006 the Government of Wales Act (GOWA) was passed in the Westminster Parliament and transferred power to the Welsh Assembly to make its own law (primary legislation) within a number of specific areas, such as education and health. This means that the laws passed in the Westminster Parliament still apply to Wales but certain areas are now transferred to the Welsh government that resides in the Welsh Assembly in Cardiff.

8.4 Stages of a proposed piece of legislation in the Welsh Assembly

The Open University — Mon, 22 Jun 2015 23:00:00 GMT

A Welsh Assembly Measure goes through a similar process as a Bill goes through in the Westminster Parliament but the terminology is different. Before a proposal becomes law it must go through five stages:

Members of the Welsh Assembly (referred to as AMs – Assembly Members) consider and agree in principle on the Measure.
A detailed consideration of the Measure. This involves a selected committee of AMs amending the Measure.
A debate which takes place in the chamber of the Assembly. This provides an opportunity for AMs to debate the proposed legislation and involves all AMs from different political parties.
Passing the final draft of the Measure to the National Assembly for consideration. The final draft of the Measure is also passed to the monarch at the Privy Council. The Privy Council is a legislative assembly which has executive responsibilities. It originated during the reign of the Norman Kings and meetings were then held in private, hence the name ‘privy’.
The announcement when the Measure will come into force.

8.5 The referendum in Wales – to make its own laws

The Open University — Mon, 22 Jun 2015 23:00:00 GMT

On 3 March 2011 a referendum took place in Wales. The people of Wales were asked if the Welsh Assembly should be allowed to pass its own legislation. The outcome of the referendum was positive: this means that the 20 devolved fields, which deal with specific areas such as health and education, no longer need further approval from the Westminster Parliament in order to create new laws. It also means that the terminology has changed. Instead of using the phrase ‘measures’, the Welsh Assembly considers new legislation in the form of a Bill, which if passed will become a statute. This means that the Welsh Assembly has gained additional powers and reflects the same law-making process as that carried out in the Westminster Parliament.

Activity 10 Referendum: key questions

This activity will reinforce the points made above and allow you to consider the changes that have taken place.

Watch the following two films, which provide a short overview of the referendum in Wales. These films outline the changes that have taken place since March 2011. The Welsh Assembly is now allowed to make its own legislation in any of the 20 devolved fields.

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Activity 10 Referendum: key questions (video 1)

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PRESENTER 1:

On the 3rd of March, you will have an opportunity to vote in the referendum on how the assembly makes laws for Wales. If you don’t know what that is, or you don’t know why you should care, then keep watching. At the moment, the National Assembly has powers to make laws for Wales using the twenty devolved areas known as fields.

These fields are broad in scope, and are broken down into more detailed subject areas, known as matters. The assembly can gain further powers to make laws in those areas with the agreement of the UK Parliament on a subject by subject basis. If most people vote yes in this referendum, the assembly will gain powers to pass laws on all subjects in the devolved areas without first needing the agreement of the UK Parliament.

If most people vote no, then the present law-making system in Wales will continue. Whatever the result, the Assembly will still only be able to make laws in these twenty areas. Areas that have not been devolved to Wales, like taxes and defense, will stay under the UK government. So the choice to be made in the referendum is whether the Assembly should stay as it is now – able to gain powers to change the law, but piece by piece, if the UK agrees. Or, move instead to a position where the National Assembly can make laws without first having to get the agreement of the UK Parliament for the power to do so.

It’s really important that you use your vote on the 3rd of March, so you have a say in how laws in Wales are made. For more information, go to our website, vote2011.org.

PRESENTER 2:

This year, the people of Wales will have three opportunities to vote. To find out more, visit vote2011.org.

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NARRATOR:

So, Wales voted ‘Yes’ on the referendum on how the assembly makes laws.

[MUSIC PLAYING]

But what does that actually mean? And what happens next? Well, for a start, it doesn’t mean that you will suddenly see lots and lots of new laws all coming at once. In fact, before the Assembly can begin making laws under these new arrangements, you will need to decide who gets to sit in the Senate chamber and to use these powers when Wales goes to the polls again on the 5th of May in the Assembly election.

After that, the assembly will no longer have to ask permission from the UK parliament to pass the laws affecting our schools, hospitals, and other matters in the 20 subject areas devolved to Wales. This will reduce the delay between taking decisions and putting them into effect and should make the 60 assembly members who sit at the Senedd more accountable to you.

The terms we use to describe new laws will also change. The assembly will be making laws in the same way as the Westminster Parliament, Scottish Parliament, and the Northern Ireland assembly. So proposed laws won’t be called proposed measures anymore, but will become bills. And when they become law, they won’t be called measures but will become acts.

So there we are then. Changes which will make a real difference to the way decisions that directly affect you are made. You can get involved with these decisions either by contacting your local assembly members, using the Assembly petition system, or contributing to the inquiries the Assembly carries out. This year, the people of Wales have three opportunities to vote. To find out more, visit vote2011.org.

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Conclusion

The Open University — Mon, 22 Jun 2015 23:00:00 GMT

This course has considered the notion of democracy and how the laws passed in Parliament should reflect the will of the people. However, as you will have gathered, the democratic process does not always reflect everyone who casts their vote during a general election. If the UK were to adopt a different election system such as proportional representation (PR), this would go some way to ensuring that everyone’s vote counts. However, this system can potentially cause problems, such as a hung parliament, which means there is no majority party and that it would be difficult to pass any new legislation.

You are now familiar with the stages a Bill goes through and how it becomes an Act of Parliament. This is a lengthy process and the type of legislation that is usually introduced is a public Bill that reflects the majority party’s manifesto and political persuasion. This in itself can cause some contention within society as people in the nation will have different political persuasions and not always feel as if they are being represented through a democratic process – that is, that democracy is a mere notion.

You were introduced to the concept of devolution and how devolution has developed in Wales. You were provided with materials and information which demonstrated the process that has taken place in Wales and which has resulted in the Welsh Assembly being able to create its own legislation in the 20 devolved fields.

You should now be able to:

explain the roles played by various individuals and bodies who may instigate legislative proposals
discuss the legislative process in the Westminster Parliament
distinguish between primary and secondary legislation
explain the structure of a piece of legislation and discuss its application in context
explain what is meant by devolution and explain how devolution has evolved in Wales.

If you are unsure about any of these, go back and reread the relevant section(s) of this course.

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The Open University — Mon, 22 Jun 2015 23:00:00 GMT

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References

The Open University — Mon, 22 Jun 2015 23:00:00 GMT

All Party Parliamentary Group on Smoking and Health (2011) Inquiry into smoking in private vehicles [Online]. Available at www.ash.org.uk/APPGnov2011 (Accessed 18 February 2014).

Bills and voting [Online]. Available at www.parliament.uk/about/podcasts/video-tours/bills-and-voting/ (Accessed 24 June 2014).

Davies, R. (1997) ‘Welsh Assembly’ [Online]. Available at www.publications.parliament.uk/pa/cm199798/cmhansrd/vo970722/debtext/70722-05.htm#70722-05_spmin0 (Accessed 4 July 2014).

Democracy? You decide? [Online]. Available at www.parliamentlive.tv/Main/Player.aspx?Film=DemocracyYouDecide&w=460&h=259 (Accessed 24 June 2014).

Devolution: a beginner’s guide [Online]. Available at http://news.bbc.co.uk/1/hi/uk_politics/election_2010/first_time_voter/8589835.stm (Accessed 24 June 2014).

Hazell, R. (1997) Commentary on the Welsh White Paper [Online], London, The Constitution Unit. Available at www.ucl.ac.uk/spp/publications/unit-publications/15.pdf (Accessed 18 February 2014).

House of Lords [Online]. Available at www.parliament.uk/business/lords/ (Accessed 24 June 2014).

How the Lords works with the Commons to make a bill law [Online]. Available at www.youtube.com/watch?v=-L5nSn_mbOs (Accessed 24 June 2014).

Law Commission (n.d.) Forfeiture and the Law of Succession [Online]. Available at http://lawcommission.justice.gov.uk/areas/forfeiture-rule-and-law-of-succession.htm (Accessed 19 May 2014).

Leyland, P. (2011) ‘The multifaceted constitutional dynamics of U.K. devolution’, International Journal of Constitutional Law, vol. 9, no. 1, pp. 251–73 [Online]. DOI: 10.1093/icon/mor021 (Accessed 6 June 2014).

Parliament (n.d.) Referendum on the Voting System used to Elect MPs to the House of Commons [Online]. Available at www.parliament.uk/get-involved/elections/referendum-on-electing-mps/ (Accessed 19 May 2014).

Pywell, S. (2013) ‘Untangling the law’, New Law Journal, vol. 163, no. 7553, pp. 321–22.

The General Election explained [Online]. Available at www.parliamentlive.tv/Main/Player.aspx?Film=TheGeneralElectionExplained&w=460&h=259 (Accessed 24 June 2014).

Tour of the Commons [Online]. Available at www.parliament.uk/about/podcasts/toursofparliament/tourcommons/ (Accessed 24 June 2014).

Vote 2011 [Online]. Available at www.assemblywales.org/gethome/vote2011/get_involved-vote2011-videos.htm. (Accessed 24 June 2014).

You’ve got the power [Online]. Available at www.parliamentlive.tv/Main/Player.aspx?Film=YouveGotThePowerPrimary&w=460&h=259 (Accessed 24 June 2014).

Legislation

Criminal Appeal Act 1995 c 35

Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011 c 7

European Parliamentary Elections Act 1999 c 1

Government of Wales Act 1998 c 38

Government of Wales Act 2006 c 32

Hunting Act 2004 c 37

Magna Carta 1215

Parliament Act 1911 c 13

Parliament Act 1949 c 103

The Smoking in Private Vehicles Bill 2010–11

War Crimes Act 1991 c 13

Acknowledgements

The Open University — Mon, 22 Jun 2015 23:00:00 GMT

This course was written by Roland Fletcher.

Except for third party materials and otherwise stated in the acknowledgements section, this content is made available under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 Licence.

The material acknowledged below is Proprietary and used under licence (not subject to Creative Commons Licence). Grateful acknowledgement is made to the following sources for permission to reproduce material in this course:

Course image: DncnH in Flickr made available under Creative Commons Attribution 2.0 Licence.

Activity 4: extracts from: All Parliamentary Group on Smoking and Health (2011)

5.2 Pressure groups: extracts in Activity 4: used with permission of Action on Smoking and Health

7.1 So, why do we have delegated legislation?: article in Activity 8: © Pywell, S. (2013) ‘Untangling the Law’, Miller, J, New Law Journal, 163(7553), pp. 321–322, 2013 Reed Elsevier (UK) Ltd.

8.1 Devolution in Wales: quote in Box 2: Parliament. UK, 22 Jul 1997: Column 757. Welsh Assembly www.parliament.uk Contains Parliamentary information licensed under the Open Parliament Licence v1.0

Box 2: extracts from: Davies, R. (1997) ‘Welsh Assembly’, www.publications.parliament.uk/

8.2 The call for a Welsh Assembly: quote: The Constitution Unit, School of Public Policy (1997) Commentary on the Welsh White Paper, © University College London. [Online] http://www.ucl.ac.uk/spp/publications/unit-publications/15.pdf

Leyland, P. (2011) extract from: ‘The multifaceted constitutional dynamics of UK devolution’, Oxford University Press (2011). Courtesy of Peter Leyland

Course image: photo: Ricardo Andre Frantz (Wikipedia) made available under https://creativecommons.org/licenses/by-sa/3.0/

Figure 6: Passage of a Bill © Parliamentary Copyright. Contains Parliamentary information licensed under the Open Parliament Licence v1.0. http://www.parliament.uk/site-information/copyright/open-parliament-licence/

Figure 7: Unfair Contract Terms Act 1977. Contains Parliamentary information licensed under the Open Parliament Licence v1.0

Activities 1,2 3, 6, and Tour of House of Commons, and Section 6: Draft Bills: Parliamentary ©. Used under the Open Parliament Licence, http://www.parliament.uk/site-information/copyright/open-parliament-licence/

Activity 10: National Assembly of Wales, http://www.assembly.wales/

8. Devolution – Transfer of Powers:

Election 2010 extract from http://news.bbc.co.uk/1/hi/uk_politics/election_2010/first_time_voter/8589835.stm (c) BBC 2010

Every effort has been made to contact copyright owners. If any have been inadvertently overlooked, the publishers will be pleased to make the necessary arrangements at the first opportunity.

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