Topic 6

Law reform

1. Influences on Parliamentary Law Making

Topic 6

Law reform

Lesson Objectives:

• Describe a range of influences on Parliament

• Give appropriate examples of each influence

• Evaluate the effectiveness of each influence

Topic 6

Law reform

What is Parliament?

Topic 6

Law reform

The supreme law-making body in the United Kingdom.

Who is it made up of?

Topic 6

Law reform

Influences on Parliament

The government may be influenced by organisations in

changing existing laws or making new ones.

It may seek the advice of different organisations to help it

formulate its policy.

Topic 6

Law reform

Law Commission (1)The Law Commission Act 1965 set up the Law Commission as

a permanent body. It consists of five legal experts chosen

from the judiciary, legal profession and legal academics. Its

job is to:

• identify areas of law where reform is necessary

• codify the law

• repeal obsolete laws

• consolidate and modernise the law, for example the

Family Law Act 1996 changed the law on divorce

What are the advantages and disadvantages of codification?

Topic 6

Law reform

Law Commission (2)

The Law Commission’s role in repealing obsolete

legislation is more straightforward.

The Statute Law (Repeals) Act 1998 repealed over

150 complete Acts of Parliament, which were outdated.

Parliament is not always keen to find time to pass the Law

Commission’s draft bills, e.g. the lengthy Draft Criminal

Code.

Topic 6

Law reform

Law Commission (3)

Around 70% of the Law Commission’s proposals eventually

become law, but a lot of the work that it does is

disregarded.

The government is not obliged to pass any of the Law

Commission’s recommendations.

Topic 6

Law reform Advantages

• Possess considerable legal and non-political expertise

• Considerable research conducted• Well informed recommendations• Independent body (not just areas which

the government wants to focus on are looked at)

• Works on its own initiative – not the government’s

Topic 6

Law reform Disadvantages

• Only about a third of it’s recommendations are implemented

• The government is not obliged to implement it’s proposals

• Proposals do not always suit the government’s agenda

• Lack of power• Lengthy process which can take years• Conducts 20-30 investigations at a time meaning

each one might not be as thorough as it could be

Topic 6

Law reform

Royal Commissions

Royal Commissions are groups of independent experts who

are asked to consider a specific area of concern in the law.

They are set up on an ad hoc basis and work part time to

investigate issues and then formulate their proposals.

Examples of Royal Commissions include the Runciman

Commission, the Pearson Commission 1978 and the

Wakeham Commission.

Topic 6

Law reform

Other influences on Parliament

• public inquiries

• media

• pressure groups

• manifesto promises

• european Union law

Topic 6

Law reform

Public inquiries

Public inquiries are usually set up after a serious event or

disaster, e.g. the Taylor Report (set up after the

Hillsborough disaster) and the Cullen Report (set up after

the Dunblane tragedy).

Topic 6

Law reform

Media

The media may campaign for a change in the law,

e.g. reports concerning pit bull terriers attacking

children led to the Dangerous Dogs Act 1991.

Criminal Justice Act 2003 – ‘double jeopardy’ rule.

The campaign to ‘name and shame’ paedophiles

after the death of Sarah Payne was, however,

unsuccessful.

Topic 6

Law reform Advantages

• Raise government awareness of certain issues

• Voice the public opinion

• Can support pressure groups

• Raises public awareness – pressures the government into making reforms as they are answerable to the electorate

Topic 6

Law reform Disadvantages

• Newspapers have political allegiances

• Media outlets are looking to make profits (sex sells)

• Can easily whip up moral panic

Topic 6

Law reform

Pressure groups

The Fathers 4 Justice campaign uses publicity stunts

(known as ‘direct action’), but so far it has been

unsuccessful. However, gay rights groups were successful

in getting the age of homosexual consent lowered from

18 to 16 in 2000.

Pressure groups may ‘lobby’ Parliament, e.g. trade unions

lobby MPs to get better rights for workers.

Topic 6

Law reformSectional Pressure Groups

Sectional or interest groups exist to further the interests of a section of society

e.g. National farmers Union, British medical associationThe degree of influence depends on whether the

government supports their particular interest.

Large groups have a lot of members and usually affluent and connected members meaning the government will usually take on board what they are saying.

Topic 6

Law reformCause Pressure Groups

Cause groups promote a particular idea or belief.

e.g. Greenpeace, RSPCA, Fathers 4 Justice, Jamie Oliver

Usually have less influence than sectional groups.Less likely to be consulted regarding the creation of laws as

they do not really have close links with government ministers or departments.

Well organised groups are able to publish their ideas with good impact and generally have the support of the public.

Sometimes it can be just one person campaigning for a certain cause – Mary Whitehouse, Jamie Oliver.

Topic 6

Law reform Advantages

• Have a broad range of tactics to raise public awareness of their cause – Fathers 4 justice (what do they do?)

• They can help keep the government in touch with the issues that the public believe are important – global warming

• Huge numbers – some groups have more members than political parties

• Pressure groups have considerable expertise as they will need to put their point across

Topic 6

Law reform Disadvantages

• Biased in favour of their cause – don’t give both sides of the argument

• Passionate views can lead to undesirable tactics – criminal behaviour

• Lots of groups have no access to ministers

• Opinions held by these groups may only be those of a small number of people

Topic 6

Law reform

Manifesto promises

Political parties publish their proposals for new laws in a

manifesto before a general election.

The Labour Party’s manifesto in 1997 promised reforms to

the House of Lords, which have been carried through.

The Conservative Party promised the introduction of the

poll tax in its 1987 manifesto.

Topic 6

Law reform

European Union law

If UK law does not conform to EU law, Parliament must

create a new law.

For example, the Sex Discrimination Act 1986 was

created to improve protection of female workers.

Topic 6

Law reform Your Task

• Create a table that explains each of the following:

• What the law commission does:• What pressure groups do (both types):• What the media does:• To influence parliamentary law making• Then for each influence explain the advantages

and disadvantages• Then give 2 appropriate examples of each

influence• Then give your opinion on the effectiveness of

each influence