Amy Roberts AS LAW – LAS-­‐6 February 2011 Critically evaluate the relationship between Members of Parliament, political parties and pressure groups in the formation of legislation. Introduction In the legal system of today, laws passed by parliament are often referred to as Acts of Parliament or statutes. MP’s, political parties and pressure groups all play an essential role in the way that new legislation is decided upon and then the routes it undergoes to be passed as a new law. In this essay I intend to critically evaluate the corresponding relationships between the major groups that play a significant role in the legal system of today. Formation of Legislation Parliament is split into two houses, the House of Commons and the House of Lords. In order for new statutes to be passed, both houses play a major role in debating, criticising and deciding upon whether or not the proposed law would be suitable or not. They also have the power to make changes to existing laws if they feel that there is a sufficient need for changes to be made. However, laws do not just originate from Parliament but can also be put forward for debate by MP’s, Lords or even by members of public or private groups such as pressure groups.1 The first process in the formation of legislation is the pre-­‐legislative process whereby the Minister who has responsibility for that matter may publish a consultative document known as a Green Paper.2 The purpose of this is so that the Government can put forward their proposals or actions they wish to take regarding law reform. This is then consulted by interested groups such as MP’s, pressure groups or even the general public, where they are then able to send comments to the government for review and these may then be taken into account. An example of a group that may be interested in the formation of laws is the Law Society and whether or not the proposed law might affect the way that the legal profession is ran or financed.3 After the Green Paper has been consulted and any changes have been made, a White Paper is then published which sets out all the firm proposals on the new law that the government will enforce. A Draft Bill is then made by the Government and issued to any interested parties such as the House of Lords and the House of Commons; who are then able to consult the bill before it is formally introduced into Parliament.4 The proposed 1
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Amy Roberts AS LAW – LAS-­‐6 February 2011 Bill would contain the Government’s wishes as well as the correct legal wording thus enabling the courts to have any inconvenience when applying the law in courts.5 The next two stages are the First and Second Readings. This would usually start off in the House of Commons. During the First Reading the title of the Bill would be read out during a formal procedure of which would also notify MP’s on the main proposals of the Bill. No debate would occur. A vote would then be taken on whether or not they wish to continue to consider the Bill by having a Second Reading. The Second Reading is where the main debate takes place. MP’s give their views on certain points that arise during the debate and afterwards another vote is cast to see whether or not the Bill can proceed to the next stage. If there is a majority vote then the Bill proceedings would move to the Committee Stage. This is where a Standing Committee made up of around 18 MP’s. The MP’s are usually nominated by parliament due to their knowledge of the subject or those that are deeply interested with the topic concerning the Bill.6 They examine the Bill in detail, usually clause by clause and make any small changes that may be necessary. However it is unclear at this stage whether or not the changes made would be accepted or rejected in the Report stage.7 The Bill then goes to the Report Stage where the committee state any amendments made to the bill during the committee stage. If any changes were made, then they are debated in the House of Commons where another vote is taken on whether or not to progress. However if there were no changes made to the Bill by the committee then no Report stage would take place and the Bill would move on to the Third Reading. 8 The Third Reading is where the final vote for the Bill takes place. If it is successful, which is highly likely, the Bill would then be passed to the House of Lords so they can repeat the same processes and give their approval. If the House of Lords decide to make any amendments then the Bill would have to be passed back to the House of Commons for those changes to be debated on.9 The final stage in the formation of legislation is the Royal Assent during which the monarch formally gives their approval of the new Bill. However the monarch is only allowed access to the short title of the Bill.10 After the approval has been given, the Bill would then become an Act of Parliament. There are also two other types of legislation; Private members’ bill and public bills. Private members’ bills are where proposals on legislation are ‘initiated’ by backbench MP’s. There are also two other methods through Ballots or a 10-­‐minute rule. However these are not always effective in passing new statues.11 5
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Amy Roberts AS LAW – LAS-­‐6 February 2011 Members of Parliament Members of Parliament, more commonly known as MP’s, sit in the House of Commons and are voted in by their local constituencies which gives them a seat in Parliament. In the formation of legislation, MP’s can represent their interest by considering or proposing new laws as well as debating politics and problems that arise.12 They also have other responsibilities other than working in Parliament such as doing work in their constituency, and working for their political parties.13 When working in their elected constituency, an MP can listen to the views of the public by going to local schools or businesses allowing them to meet as many people as possible to gather their views on issues that could be discussed in Parliament.14 This allows MP’s to get a further insight into the views of the public as well as building a relationship with their constituency. MP’s can express what their constituencies views are on certain topics and if the House of Commons feel that the topic is serious enough and that there may be influencing pressure from the public to have action taken, then this could lead to new laws being debated or even passed. This in turn would then benefit MP’s in the way that if they are seen to be helping the public and expressing their ideas in public as well as making changes, then they are more likely to receive more votes from the public at elections, therefore earning them a better seat in parliament and could also benefit their political party. The House of Lords also plays a role in the formation of legislation even though they are an unelected chamber in parliament. The House of Lords are made up of a panel of hereditary peers, life peers and Lords. Their job consists of examining and amending laws passed to them by the House of Commons and can even delay bills passed by the House of Commons, usually up to a year.15 MP’s in parliament are seen as the most important in the formation of laws as they are responsible for most of the laws that are passed today. Another importance of MP’s in is that they have the power to enable Green and White Papers to be authorised as well as the role of examining and debating Bills.16 This therefore shows that their role in the formation is fundamental as they give the views of the public in parliament that have been put forward to them by their local constituency. By them being involved and listening to the public’s views, this then enables them to depth their knowledge in issues that could influence future decisions that could be made. The relationship between parliament, pressure groups and political parties is vital if new legislation is to be made that suits everyone and combines important views that could affect people if not made correctly. 12
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Amy Roberts AS LAW – LAS-­‐6 February 2011 Political Parties The definition of a Political party is an “organised group of people who have similar ideas about how the country should be run. Their aim is to get their candidates elected to political power.”17 The three main political parties in the UK today is the Labour party, Conservative party and the Liberal Democrats; all of which are made up of MP’s that work for their local constituency. The aims of having MP’s in political parties are that they represent the public as they were elected power by them. The current government is currently a coalition meaning that the Conservative party and the Liberal Democrats share the powers. This also means that they have more seats in the House of Commons compared to Labour and other minority parties. An advantage of having more seats in Parliament is that the MP’s belonging to the majority party are likely to have the same views therefore giving them a stronger influence over the decisions made by parliament therefore meaning that they are more likely to be able to introduce new legislations and Bills. It also widens the range of proposals of new laws due to them having a shared manifesto which sets out the coalitions proposals. Each party produces a manifesto which sets out the proposals and reforms that they wish to make if they come in power. These are also likely to influence new legislation as most of the proposals for new laws would already be set out in a parties manifesto.18 Political parties are also likely to be influenced by pressure groups or by public opinions into forming new laws. The influence could be caused by public demonstrations or by media which allow the public to voice their opinions which could then be debated on in parliament if it is felt necessary. Another reason for MP’s and political parties listening to the voices of the public is that they want to maintain their reputation and to be seen as helping the public voice their opinions by putting them forward to parliament which would then in turn, gain them more votes during elections. However, it is harder for political parties to form links with pressure groups if they are in power due to them having to deal with more important political demands.19 Political parties play an important role in the formation of new legislation through their manifestos. Parties that come to power make up the government therefore they have overruling power on what new proposals they aim to make. This could include new suggestions for laws or proposals being included in their manifesto. This is an important role as they have to respect and listen to the views of other parliamentary figures as well as the public whilst sticking to the legal principles and following the right stages in the formation of legislation. 17
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‘UK Government & Politics Third Edition’ Chapter 5, Page 123 by Lynch & Fairclough Amy Roberts AS LAW – LAS-­‐6 February 2011 Pressure Groups A pressure group is “an organisation or a group of people, who share strong beliefs about a certain subject and take action on these beliefs, hoping to influence political decisions.”20 However, pressure groups are different to Political parties in the sense that they do not put forward candidates for government election as pressure groups do not seek to become government and are only there to try and “influence the outcome of government decisions”21 Pressure groups can be split into two types of categories; Sectional groups and Promotional groups.22 Which category a pressure group would fall into depends on the aims of the group and the issues that they represent. Sectional groups, also known as ‘interest groups’ are groups that “act on behalf of a particular part of society”23 therefore meaning they protect the interest of a certain section of society for example the British Medical Association (BMA) or the Trades Union Congress (TUC) that protects employees rights.24 Promotional groups also referred to as ‘cause groups’ are there to “promote a particular cause such as the idea or cause to further the general good”.25 Examples of Promotional groups are Amnesty International, a group that aims at protecting human rights, Greenpeace, an organisation that campaign against environmental issues. Some of these groups operate within Parliament known as ‘insider groups’ such as trade unions (until recently) who have close links with parliament therefore being able to have a strong influence over the decisions made by government, a method known as using ‘direct methods’. However most of them operate outside of government called ‘outsider groups’ and use a more public approach of publishing their views.26 There are various options that pressure groups can use to get their views and opinions across to parliament. These could be by using the media to express their views such as public demonstrations and campaigns that are aired on television or by petitions being signed to prevent certain government proposals occurring. Pressure groups can also write a letter to their local MP expressing their views on issues that may be of interest. The amount of influence a pressure group has on the government largely depends on the size of the group, the characteristics of the group, and their importance in society as well as any knowledge they have on the political system and any issues that may arise.27 Some groups already have close links with government and therefore have the ability to 20
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Amy Roberts AS LAW – LAS-­‐6 February 2011 influence the formation of statues at early stages by consulting the ministers, civil servants or government-­‐appointed bodies that are linked with the proposals.28 Pressure groups can widely be seen as a good influence on political parties and MP’s in the formation of legislation as they enable the public to express their feelings about certain issues that may be of some importance to the general public or parliament. They are seen as a representative model of democracy29 and are relied on by MP’s as pressure groups provide them with information that could be useful in the formation of legislation and whether or not the general public backs certain proposals MP’s may intend to make. This then allows MP’s to debate on the views expressed and decide whether or not new legislation is needed. An example of when a pressure group influenced the formation of a new Act of Parliament is seen in the Hunting Act 2004. Pressure groups showed their disapproval of fox hunting with dogs and therefore set about a change in the law meaning that the new statute was passed banning this activity. Another act that shows government being influenced by pressure groups was in the formation of the Disability Discrimination Act 1995.30 Overall, the relationship with pressure groups and MP’s can be seen as an influential and persuasive one in the way that pressure groups are merely there to give their views on arising issues of politics and on new legislation. Pressure groups are able to contact their MP’s by various ways enabling them to make suggestions on any amendments that could be made to legislation that they feel would benefit the general public. They can also provide vital information for MP’s which would then strengthen the relationship between them and their constituencies therefore meaning that they can develop a deeper understanding into issues. This goes for political parties as well. Pressure groups provide valuable information that could be important for political parties when producing their manifestos whereby allowing them to ensure that their wishes would suit the general public as well as politics and law, whilst allowing them to be seen as reliable and interested in the public’s voice too. Conclusion To conclude, MP’s, Political Parties and Pressure groups all play a major role in passing new Acts of Parliament. Each play different roles that in turn help MP’s to reach laws that suit the public and would also be beneficial as a law. MP’s play a vital role in scrutinising, amending and passing new statues whilst Political parties are the groups that propose for these new laws to be made through their manifesto. This can only be reached if the public show an interest in the new laws proposed. The voice of the public is one of the most important considerations to take when determining whether or not new laws should be passed as they express what actions they want to be done. Political 28
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Amy Roberts AS LAW – LAS-­‐6 February 2011 parties and MP’s are also influenced by pressure groups in the way that both groups need votes from the public to keep them in power and therefore are more likely to show an interest in their views. MP’s are also influenced by their political parties as most of them are part of one therefore meaning they have the same views. Altogether the relationship between these groups is one of importance as they each influence each other in the formation of legislation. It enables government to make the right decisions that would suit the majority of people and allows the public to also have some influence over the parliamentary decision making, Bibliography Ø
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comittee-­‐stage/ http://www.parliament.uk/about/how/role/legislation/ http://www.parliament.uk/about/how/laws/draft/ http://www.parliament.uk/about/how/role/system/ http://www.parliament.uk/about/mps-­‐and-­‐lords/members/mps/ http://www.direct.gov.uk/en/Governmentcitizensandrights/UKgovernment/Politicalpartiesa
ndelections/DG 073226 ‘The English Legal System’ -­‐ Jacqueline Martin ‘AS LAW Third Edition’ -­‐ Charman, Vanstone & Sherratt ‘UK Government & Politics Second Edition’ – Andy Williams ‘UK Government & Politics Third Edition’ – Lynch & Fairclough Lawsblog Past Essays from Essay Competition Personal Plan