The ‘Third Reading’ is the final vote on the Bill and after this stage it is unlikely to fail. There would only be a further debate on it if requested by six or more MP’s, and there can also be amendments made in the House of Lords, at this stage.
If the Bill was started in the Commons it would now be passed to the House of Lords and any amendments would be made and then sent to the House of Commons for agreement, and vice versa if the Bill was started in the House of Lords.
The House of Lords’ power is, however, limited by the Parliaments Acts 1911 and 1949, which allows a Bill to become Law even if it is rejected by the House of Lords, provided it is re-introduced at the next session of Parliament and passes all the stages in the House of Commons again. This doesn’t happen often, the last time being the War Crimes Act in 1991.
The ‘Royal Assent’ is the final stage where the Monarch gives formal approval of the Bill and it now becomes an Act of Parliament. This is now a formality under the Royal Assent Act 1961.
Following the Royal Assent, the Bill now becomes an Act of Parliament, coming into force on midnight of that day, unless another day has been set.
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(i) Using the Source and other examples explain and compare ‘public Bills’ and ‘private members’ Bills’.
It is possible for MP’s to introduce private Bills, which is taken care of with a ballot system. These are known as Private Members’ Bills, and few actually become law, although some examples of this type of Bill are the Abortion Act 1967 and the Marriage Act 1994. Members of the House of Lords may also introduce Private Members’ Bills. It is difficult for these to become law without the backing of the government. Public Bills include the whole country in a certain issue, and most of the Governments Bills fall into this category, e.g. the Disability Discrimination Act 1995. Some bills, however, are designed to affect only individuals or corporations. Public Bills are prepared by the Cabinet and change the general law of the whole country.
(ii) Explain the terms ‘Green Paper’ and ‘White Paper’. [30]
On major issues in pre-legislative procedure, the minister responsible for the matter may issue a Green Paper. The Labour Government introduced this idea in 1967. A Green Paper is a consultative document on the topic that is being put forward for reform by the government. Interested parties are then invited to send comments to the relevant Government Department so all sides may be considered and necessary amendments made. After this, a White Paper is published with firm new proposals for the Law.
(c) Explain how effective the law reform bodies or any other groups have been in persuading Parliament to reform the law. _ [24]
It is important for law to be reformed when necessary, and there are many influences on the way the law is formed and reformed and can come from a number of different sources. Some have more effect than others while in some there may be competing interests in the way the law should be reformed.
Pressure groups may provide the impetus for law reform where the subject is high profile and Parliament may give way to public opinion. Judges also play a role in law reform by means of judicial precedent, in which they may either create new law or, in cases where they are bound by previous precedent, draw attention to the need for reform. Such as in R v Preddy (1996) where a clear gap in the law was evident when it revealed that people who committed mortgage frauds were not guilty of an offence.
Law must be reformed to adapt to the needs of society, and this requires new laws to be passed or old laws to be cancelled
The reform bodies have generally been rather successful in their proposals: 70% of their over 100 major proposals have been adopted (though not always without amendments). It has managed to rationalize tort law in the areas of interference with goods, and largely changed many aspects of contract law. The commissions’ report, Conspiracy and Criminal Law Reform helped shape the Criminal Law Act 1977 and its paper, Offences Against Public Order helped create the Public Order Act 1986.
The Criminal Law Revision Committee are thought to have made their biggest success in the Theft Acts 1968 and 1978, and they have made several reports in to the criminal justice system which have affected the system. The Law Reform Committee tend to manage the smaller issues rather than radical changes, and its contributions to reform consist of proposals in the Occupiers’ Liability Act (1984) and a report which led to the Latent Damage Act 1986.
The Royal Commissions’ effect on reform has had a mixed success, with its report on Civil Liability and Compensation for Personal Injury winning neither Government nor public support. The Police and Criminal Evidence Act have mostly implemented its proposals on Criminal Procedure 1984, although again, this is seen as doubtful success, due to the many criticisms of this Act. Its most successful proposal was the Royal Commission on Assizes and Quarter Sessions, 1969. Its proposals for reorganization of criminal courts were speedily implemented.
The 1993 Royal Commission was met with mixed success- some of its recommendation were introduced in the Criminal Justice and Public Order Act 1994, and some are likely to reach the statute book, but the Government has ignored some of its proposals and began to introduce changes that it was specifically opposed to, e.g. the abolition of the right to silence.
(d) Consider whether any of the following individuals are suffering from a “…physical or mental impairment which has a substantial long-term effect on ability to carry out normal day-to-day activities…” so as to fall within the definition of disability in the Disability Discrimination Act 1995.
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Rachel, who has suffered severe brain damage in a car crash.
I think in this case it would be clear that Rachel had definitely suffered a physical impairment so as to include her within the definition of disabled in this act. Brain damage is a very serious injury causing serious physical harm to the person and changing their lives. Rachel, depending on the severity of the brain damage, would also be mentally damaged, if not physically to the extent when living a normal life would be impossible. This injury would definitely have a severe impact on her life and her ability to carry out any normal day-to-day activities.
(ii) Monica, who is a cook and has developed a painful skin irritation which causes her hand to crack and blister.
In this case, the injury is much less serious but still something that may affect the way Monica lives and affect her day-to-day job as a cook. The irritation is obviously one that gives her a lot of pain when going about her normal activities, and so it would be possible for Monica to come under the Disabled Act. It may stop the way she works and hinder her normal routine, and so therefore a disability. However, if there was the chance that the irritation was easily cured, or helped with medication, then this could lessen the chances of falling into the disabled category. Also, it may not have serious long-term effects.
(iii) Phoebe, who is a guitarist and is developing profound deafness in one ear.
Although this is not a life-threatening case, it is still a disability in which the affected person could not go about their daily activities as per usual, because as a musician, this problem would affect Phoebe’s livelihood. This would be a long-term effect, although falling into the category of disability could depend on the seriousness of the deafness, and also whether it worsens in seriousness.
