Market_Planning_for_Starbucks

The processes by which acts of Parliament are passed are: For a Bill to develop into an Act of Parliament, the Bill would generally have to be passed by both Houses of Parliament i.e House of Commons and the House of Lords. Drafting Once consultation is completed by extremely skilled lawyers called Parliamentary Counsel would draft a bill. The process is called drafting; the Bill is then ready for careful examination by both houses. A Cabinet Committee, made up of senior government ministers called the Legislation Committee, controls the legislative programme. First Reading The First Reading of a Bill is a formal system, this involves a member reading the title of the Bill; the First Reading takes place without discussion. The First Reading is essentially an announcement that the bill has been introduced. There would be a vote as to whether the House wishes to consider the Bill or not this would continue usually by members shouting “Aye!” or “No!” If there is a clear “Aye!”, then there would be no need for formal vote and the Bill proceeds to the next stage. Second reading The Second Reading provides the MPs the first real occasion for debate on the general principles of the Bill. Ministers can speak about the Bill with consent of the speaker and at the end, a vote would be taken the same way as the First Reading and most be a majority in favour of the proposed Bill to advance further. Committee stage House of Commons (Standing Committees, renamed General Committees since 2006) When a Bill has passed the second reading in the House of Commons, this is usually referred to as General Committee “upstairs” for thorough scrutiny. The committee consists of between 16 to 50 MPs. They scrutinises the clauses of the Bill and full amendments would be considered. The Bill’s opposition Government may suggest some amendments but many are practical improvements and clarifications proposed by the Government. Occasionally a Bill may be referred to the whole House, sitting in committee, for example, Bills of great constitutional importance or a Finance Bill Report stage At the Committee stage amendments made to various clauses in the Bill must be approved (or rejected) by the whole house during the report stage. The report stage is a detailed debate where further amendments may be moved and additional amendments are discussed and made. At this stage only amendments and not the clauses of the Bill are discussed. All members may speak and vote. Third reading This is the final vote on the Bill. Applicable amendments cannot be made at this stage to a Bill in the Commons. Then the final stage of the bill is approved and passed by hand - bound in green ribbon - to the Lords, when the Lords return the bill it is bound in red ribbon. But the House of Lords can sometimes make an amendment at this stage The House of Lords After passing the third reading a Bill is sent to the House of Lords. Where it would go through the same five stages outlined above and if the House of Lords made any amendments to the Bill the Commons must approve amendments made by the Lords, or a compromise arrangement reached, before a Bill can receive Royal Assent. Royal Assent The final stage, this where the Queen formally gives approval to the Bill and then it becomes an Act of Parliament, this is a formality and under (The Royal Assent Act 1961) marking the Bill's official passage into law. The Parliament Acts 1911 and 1949 The power of House of Lords to discard a Bill would be limited by the Parliament Acts1911 and 1949, because this would allow a Bill to become law even if the House of common rejects the Bill and provided the Bill is introduced again into the House of Commons at the next Parliamentary session and passes all the stages again. There have only been four situations when this process has been used to by-pass the House of Lords after they have voted against a bill. Since 1949 the Parliament Acts four occasions are example • War Crime Acts1991 • European Parliamentary Elections Acts 1999 - • Sexual Offences (Amendment) Act 2000 • Hunting Act 2004 Commencement of an Act Following the Royal Assent the Acts of parliament comes into power on the midnight of that day. Though, it has become an exercise to allow the minister in charge for the Bill to decide the day a Bill becomes an Act. i.e., the Police and Criminal Evidence Act 1984 did not become effective until 1986, because this would allow the police force to train officers in there provisions. The Controls Exercised over Delegated Legislation by Both Parliament and the Courts are Delegated legislation can be defined as a legislation or law that is passed by a person or bodies other the Parliament as an alternative, an enabling Act (also known as the parent Act or empowering Act) a power to make delegated legislation on a Government Minister i.e. the access to Justice Act 1999 which gave the Lord Chancellor wide power to change various aspect of the legal funding schemes, there are three main enabling Acts Affirmative Resolution – This is a process, reserved for those pieces of delegated legislation that are required to go before the Parliament, for their approval before the delegated legislation is passed. The need for an affirmative resolution would be included in the enabling Act. This Act is required before new or revised. i.e. the police codes of Practise under the Police and criminal Evidence Acts 1984 can come to effect. Negative resolution – this is the alternative procedure of laying legislation before Parliament, in which the piece of delegated legislation is made available to Parliament for a period of 40 days and would be passed simply if there are no oppositions from MPs Scrutiny Committee – This was formed in (1973) for more effective way of checking the existence of the joint committee on Statutory Instruments, their main purpose is to check the Statutory Instruments and any problem encountered would be brought to the attention of the Houses of Parliament Procedural ultra vires: This where an organisations or person to whom delegated power has been given has failed to follow correct procedures in exercising the power (Related case R v Home Secretary, ex parte Brigade Union (1995 see Appendix 1.) Substantive ultra vires: where an organisation or individual to whom delegated power has been given has abused the power, or misapplied the content of the power (see, Appendix 2, Attorney-General v Fulham Corporation, 1921). The Statement that ‘Despite the controls over delegated legislation, the reality is that effective supervision is difficult’ - This means that although the Parliament are aware of the legislation, but because the making of the law has being handed down to a body or person who were not democratically elected, the publications would solitarily have restricted benefits, furthermore the general public are often uninformed of the existence of delegated legislation, this makes it difficult for the public on how to use the law or even challenged it since the law was made in private compare to the public debates of Parliament and also getting the information can be difficult . This would also affect the ability of the courts to control delegated legislation; subsequently judicial analysis relies on separate challenges being brought before the courts. Identify and explain which type of delegated legislation would be most appropriate to introduce law relating the: Bylaw can be introduced by the local council as well as public organisation. Ex Haringey council’s fine on houses that were not recycling their waste properly. Use of mobile phone on the train – A Bylaw can be introduced by public corporations and Organisations for matters within their authority which involved the public, the railways can enforce the rules of using mobile phone on their premises as a public behaviour because it would be inferring with the frequency on their radio transmission to their drivers. “An example of a Bylaw is the non-smoking ban on the London Underground’ (see Ref 1 chapter 5 pg. 61). The emergency measures to be taken in time of War stated that -The main measure was the Emergency Powers Act (Defence) that was passed in 1939, because the home defence was anxious, using the enabling Act would be allowing Ministers to bring in comprehensive measures by Regulations these would be made law by Order in Council and would not require to be debated in Parliament. The regulations would be consequently be implemented rapidly. The Bill would be pushed through all the Parliamentary stages in a few hours as the Regulations would be issued straight after, thereby allowing the Government to use this new Bill to the security regulations for the purpose of securing the public safety, country, public order and maintenance of essential supplies and services example emergency services, red cross and the fire department. Conclusion – although delegated legislation is required for various effects and by allowing quicker, extra or practical legislation to be formed, while this would not be possible with poor parliamentary time and lack of information, but having Control over this legislation is important because the laws were created by individual and private entities the need for regulation is paramount , with the danger of sub-delegation and abuse of power by non-elected organizations or persons,the Parliament need to establish rules or set up a body that would be solely in charge of checking and balancing this legislations. Martin, J (5th ed.2006) The English Legal System, London: Hodder Arnold McLeod www.parliament.uk/about/faqs/house-of-lords.../lords-legislation/(23/10/10) http://legal-directory.net/english-law/delegated-legislation.htm (23/10/10) Elliot,C. and Quinn,F (8thed. 2007) English Legal System : Publisher: Pearson Education Limited Longman : London Anuikem, C (30/09/2010) Class hand out: London www.subbrit.org.uk/rsg/features/sfs/file_10.htm( 25/10/10)