How to make an Act of Parliament http://www.youtube.com/watch?v=tnj0_nA4Y_g

Learning objectives: LO1 – to be able to describe the three bodies of Parliament LO2 – to be able to discuss the advantages and disadvantages of each body LO3 – to be able to analyse whether law making should be reformed

Match the correct heads and tails Original legislation Designed to alter an existing Act. These alternations can be minor in their effect or they may represent quite substantial changes in the existing Act. Consolidating legislation Designed to bring together laws previously contained in a number of Acts purely so that they can all be found in one place. There is no real change in the law at all. Codifying legislation An entirely new law. Amending legislation Brings laws previously contained in a number of Acts together in one place as well as incorporating the common law into statute. The Companies Act 1985 brought together numerous Companies Acts from the previous 37 years and is an example of codifying legislation. The Sale of Goods Act 1979 is a major example of a codifying Act. LO1 – to be able to describe the three bodies of Parliament LO2 – to be able to discuss the advantages and disadvantages of each body LO3 – to be able to analyse whether law making should be reformed

Parliament comprises three institutions, which all have a role to play in the legislation process LO1 – to be able to describe the three bodies of Parliament LO2 – to be able to discuss the advantages and disadvantages of each body LO3 – to be able to analyse whether law making should be reformed

(1) The House of Commons (elected MPs) LO1 – to be able to describe the three bodies of Parliament LO2 – to be able to discuss the advantages and disadvantages of each body LO3 – to be able to analyse whether law making should be reformed

(2) The House of Lords (unelected peers, senior judges and bishops) LO1 – to be able to describe the three bodies of Parliament LO2 – to be able to discuss the advantages and disadvantages of each body LO3 – to be able to analyse whether law making should be reformed

(3) The monarch (the Queen) LO1 – to be able to describe the three bodies of Parliament LO2 – to be able to discuss the advantages and disadvantages of each body LO3 – to be able to analyse whether law making should be reformed

Learning phase one You are to follow the presentation carefully and respond to the questions on your ‘composition of both Houses’ quiz sheet. LO1 – to be able to describe the three bodies of Parliament LO2 – to be able to discuss the advantages and disadvantages of each body LO3 – to be able to analyse whether law making should be reformed

The composition of the House of Commons (1) The Commons is the more powerful and important of the two Houses of Parliament. The general population elections MPs, the Commons is seen as central to the existence of a democratic state. When the Commons scrutinises the actions of government and debates government proposals for new laws it is, in theory at least, acting on behalf of the electorate. Acts of Parliament are effectively created through the will of a majority of the H of C. www.parliament.uk LO1 – to be able to describe the three bodies of Parliament LO2 – to be able to discuss the advantages and disadvantages of each body LO3 – to be able to analyse whether law making should be reformed

The composition of the House of Commons (2) The Boundary Commission determines the number of MPs. At the time of the 2010 general election there were 650 MPs . Each MP represents a specific constituency (area). General elections are held at least once every 5 years. If an MP resigns or dies during the lifetime of a Parliament, a by-election is held to replace them. There are currently 648 MPs. One is due to Louise Mensch (Corby) taking the Steward and Bailiff of the Manor of Northstead and the other is due to the death of Malcolm Wicks on 29 September 2012. LO1 – to be able to describe the three bodies of Parliament LO2 – to be able to discuss the advantages and disadvantages of each body LO3 – to be able to analyse whether law making should be reformed

The composition of the House of Commons (3) Normally, the party which holds the most Commons seats forms the government. The Leader of that party is invited by the monarch to become Prime Minister. The Prime Minister then appoints a Cabinet (a group of senior ministers) and other, more junior, ministers. The party with the second highest number of seats in the Commons is known as the ‘Official Opposition’. The Leader of the Opposition appoints a ‘shadow Cabinet’ (a group of would-be senior ministers) and other, more junior, shadow ministers. MPs who do not hold ministerial or shadow ministerial jobs are known as backbenchers because they sit behind ministers and shadow ministers in the Commons. LO1 – to be able to describe the three bodies of Parliament LO2 – to be able to discuss the advantages and disadvantages of each body LO3 – to be able to analyse whether law making should be reformed

The composition of the House of Lords (1) The House of Lords debates and vote on Bills. In 2002, peers were unpaid and unelected (the government was considering plans to reform the Lords). The Lords generally acts in a way that complements the work of the Commons rather than acting in opposition to it. It revises proposals for legislation and scrutinises the work of government. Many Lords amendments to a Bill aim to tidy it up to make a workable law. The Commons is the driving force behind most Acts in the sense that it is more important that a Bill is approved by the Commons that the Lords. LO1 – to be able to describe the three bodies of Parliament LO2 – to be able to discuss the advantages and disadvantages of each body LO3 – to be able to analyse whether law making should be reformed

The composition of the House of Lords (2) The Parliament Acts of 1911 and 1949 effectively made the Lords subordinate to the Commons, by allowing the Commons to bypass the Lords if it opposes Bills. At one time, the Lords had the power to vote Bills out of Parliament. Following the passage of the House of Lords Act in 1999, the composition of the Lords has changed. Before this, many peers were hereditary peers – those who inherited their title through their family. For over 700 years they’d enjoyed the right to sit in the H of L! Following the passage of the Act, the number of hereditary peers was reduced to 92. as a result, from November 1999, life peers – peers appointed to be members of the H of L for life (but who title would not be passed on to their children) – made up the majority of the Lords. LO1 – to be able to describe the three bodies of Parliament LO2 – to be able to discuss the advantages and disadvantages of each body LO3 – to be able to analyse whether law making should be reformed

The composition of the House of Lords (3) As of 1 July 2012, 650 peers were life peers out of total of 765. Many were former MPs. Life peerages were first appointed under the Life Peerages Act 1958. In addition to current 89 hereditary peers and the life peers, 26 bishops from the Church of England sit in the Lords and a small number of senior judges (Law Lords) are appointed to the Lords to sit in the Judicial Committee. Law Lords are also entitled to participate in debates on Bills and other parliamentary business. Excepted Hereditary Peers* = 89, Bishops 26 LO1 – to be able to describe the three bodies of Parliament LO2 – to be able to discuss the advantages and disadvantages of each body LO3 – to be able to analyse whether law making should be reformed

The composition of the House of Lords (4) The H of L Act 1999 was intended as a first stage in a process of reform of the H of L. Also in 1999, the government appointed a Royal Commission on Reform of the House of Lords under the Conservative peer, Lord Wakeham, to make recommendations for the second stage of House of Lords reform. The commission published its report in January 2000. The Wakeham Report made 132 wide-ranging proposals on the recruitment of peers and changes to the procedures of the H of L. In November 2001, the government published a White Paper announcing its plans for the second, and final, stage of the reform process. LO1 – to be able to describe the three bodies of Parliament LO2 – to be able to discuss the advantages and disadvantages of each body LO3 – to be able to analyse whether law making should be reformed

The composition of the House of Lords (5) The main proposals are concerned with the composition of the House, the recommendations include: The removal of the remaining hereditary peers 20% of the House to be directly elected – by proportional representation in large, multi-member regional constituencies 80% of the House to be appointed. This White Paper was not well received by Labour MPs, many whom felt more than 20% of the chamber should be elected. In May 2002, the government set up a Joint Committee of both Houses to further consider what should happen. LO1 – to be able to describe the three bodies of Parliament LO2 – to be able to discuss the advantages and disadvantages of each body LO3 – to be able to analyse whether law making should be reformed

Feedback LO1 – to be able to describe the three bodies of Parliament LO2 – to be able to discuss the advantages and disadvantages of each body LO3 – to be able to analyse whether law making should be reformed

Influences on Parliament Role to suggest practical reforms to existing law EU membership means commitment to incorporate EU directives into legislation Pressure groups representing particular interests or concerns, e.g. teaching unions LO1 – to be able to describe the three bodies of Parliament LO2 – to be able to discuss the advantages and disadvantages of each body LO3 – to be able to analyse whether law making should be reformed

Parliament is the supreme lawmaker Statutory laws must be applied by the courts and take precedence over any existing common law Effect of Human Rights Act 1998 is new Acts must be compatible with it but will still be applied by the courts even if they are not European Unions laws take precedence over UK statutes, and therefore Parliament is no longer sovereign over EU matters Parliament devolved some power to Scotland, Wales and Northern Ireland in 1998, but it still remains sovereign in the UK LO1 – to be able to describe the three bodies of Parliament LO2 – to be able to discuss the advantages and disadvantages of each body LO3 – to be able to analyse whether law making should be reformed

Homework Complete a leaflet to a year 8 students explaining the make up and role of Parliament LO1 – to be able to describe the three bodies of Parliament LO2 – to be able to discuss the advantages and disadvantages of each body LO3 – to be able to analyse whether law making should be reformed

Extension Use the Parliament website and research the current composition of the two Houses. LO1 – to be able to describe the three bodies of Parliament LO2 – to be able to discuss the advantages and disadvantages of each body LO3 – to be able to analyse whether law making should be reformed