The Functions of Parliament

In legal theory Parliament is the central institution of the UK constitution. Its functions … over the centuries as it gradually … its power over the Crown. In its combined form of Queen, Lords, and Commons, Parliament is the supreme lawmaker. Other functions of Parliament … by each House separately and sometimes through joint committees (for example, Joint Committee on Statutory Instruments).

The other functions of Parliament …:

(i) … and … a government;

(ii) … the government with funds and … government spending;

(iii) … the executive through the doctrine of ministerial responsibility;

(iv) the redress of grievances;

(v) … matters of public concern.

It is important to remember that Parliament does not … but … and … the executive. Even in relation to lawmaking Parliament is a reactive and not an initiating body. It …, …, …, and occasionally … legislation.

TEXT 9 TYPES OF LEGISLATION

The five main types of legislation considered by Parliament are:

Government Bills; Private Members’ Bills; Private Bills; Hybrid Bills; Statutory Instruments.

Government Bills embody Government policy and are introduced by a Minister. These are the most important form of legislation and take up the largest proportion of Parliamentary time. The Government’s Parliamentary majority means that Government Bills, with certain rare exceptions, are eventually passed and become part of the law of the land, though they may be heavily amended in the process.

Example: The Ports Bill, which transferred certain ports from the public sector to private-sector ownership.

Private Members’ Bills are introduced not by the Government but by an individual backbench MP or Peer of any political party. Because relatively little Parliamentary time is available for discussing these bills, their chances of being enacted and becoming law are much smaller.

Example: The Children and Young Persons (Protection from Tobacco) Bill, which introduced reforms designed to reduce the sale of tobacco products to children.

These two types of Bill are also known as Public Bills. They concern matters of general interest, and when passed they apply across the nation.

Private Bills are promoted by organizations seeking specific, usually local, powers that do not involve the construction of works such as railways.

Example: The Torquay Markets Bill, which allowed the market building at Torquay, Devon, to be used for alternative purposes.

Hybrid Bills are Public Bills to which elements of Private Bill procedure apply.

Example: The Channel Tunnel Bill, which authorized the construction of the Channel Tunnel.

Statutory Instruments are detailed rules or regulations made under powers contained in an Act of Parliament. Statutory Instruments are also known as secondary legislation since they flow from primary legislation, i.e. Acts of Parliament.

Example: The Draft Motor Vehicles (Wearing of Seat Belts in Rear Seats by Adults) Regulations, which required adults traveling in the rear seats of cars to wear seat belts when these are fitted.

Most Public Bills apply to the whole of Great Britain: that is, to England, Scotland and Wales. Because the Scottish legal system differs in some respects from that of England and Wales, some Bills apply to Scotland, or to England and Wales, alone.

TASK I

1. Describe the procedure of passing Government Bills.

2. Prove that Private Members’ Bills have few chances of becoming law.

3. Explain the difference between the Private Members’ Bills and the Private Bills.

4. Give an example of a Hybrid Bill.

5. Describe Statutory Instruments.

TASK II Translate the following word-combinations:

statutory instruments; to embody Government policy; an individual backbench MP; chances of being enacted; matters of general interest; rules and regulations; primary legislation; secondary legislation; the laws apply across the nation.

TEXT 10 THE PASSAGE OF A PUBLIC BILL INTRODUCED BY THE GOVERNMENT INTO THE HOUSE OF COMMONS

The preparation of legislation is often a lengthy process. The content and policy of the Bill must be approved by the appropriate Cabinet committee and then by the full Cabinet. Reform may sometimes be preceded by Green or White Papers allowing pre-legislative consultation in Parliament. Consultation will also take place with various interest groups. By the end of this pre-legislative stage the main content of the Bill is effectively settled although further negotiations between the various interested parties continue throughout the passage through Parliament.

Responsibility for drafting the Bill is with the Parliamentary Draftsmen, officially known as Parliamentary Counsel to the Treasury. Their draft is scrutinized by the Legislation Committee of the Cabinet. The Lord Chancellor’s Office and the Law Officers are also likely to examine the Bill to consider such matters as the proper legal wording and the practicalities of implementation.

1. First Reading. A Purely formal stage.

The title of the Bill is read out, an order is made for the Bill to be published and a date fixed for the second reading.

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