Private Members’ Bills (AQA A-Level History): Revision Notes
Private Members' Bills
Roy Jenkins and the vision for a civilised society
In 1959, Roy Jenkins, a Labour MP, published The Labour Case, outlining his vision for what constituted a civilised society. He identified three fundamental principles that would form the cornerstone of social reform in Britain:
Jenkins's Three Principles for a Civilised Society
First principle: The state should reduce its restrictions on personal freedom and individual liberty.
Second principle: The state should take a more active role in supporting the arts, developing towns worth living in, and preserving the countryside.
Third principle: The state should foster a climate of opinion favourable to gaiety, tolerance, and beauty, whilst discouraging puritanical restriction, narrow-minded disapproval, hypocrisy, and dreary patterns of life.
Jenkins contended that sustained progress in these three directions would contribute more to human happiness than any political legislation or government policy. He believed these social and cultural reforms would ultimately prove more valuable than even the most effective economic policies.
The context of social change in the 1960s
Roy Jenkins became Labour Home Secretary in December 1965, placing him in a position to influence society in line with his earlier vision. By the mid-1960s, British society had already undergone substantial transformation since the 1950s. However, legal reform was necessary if personal freedom was to develop further.
By the late 1960s, several long-standing taboos and prejudices that Jenkins had identified as obstacles to a 'civilised society' had begun to diminish. This shift represented a gradual evolution rather than solely the consequence of government legislation. Various developments since the 1950s contributed to these changes:
- Growing affluence across the population
- The emergence of youth culture
- The widespread adoption of new technology
These factors played a role, and it can be argued that reforms 'from the top' (government legislation) merely reflected changes already evident 'from below' (in society itself).
Nevertheless, some reforms introduced under Labour governments were ahead of widespread public acceptance. The abolition of capital punishment, the Abortion Act, the Sexual Offences Act, and divorce reform all encountered considerable media criticism and public hostility.
Reforms Ahead of Their Time
Several key Labour reforms faced significant opposition from both the media and public opinion:
- Abolition of capital punishment
- The Abortion Act
- The Sexual Offences Act
- Divorce reform
This demonstrates that government legislation sometimes led social change rather than simply following it.
The mechanism of private members' bills
Private members' bills: Legislation proposed by backbench MPs independently of the government, allowing individual members to introduce reforms outside the official government programme.
The Labour government did not enter office with a 'liberalising' agenda; their election manifestos made no mention of moral issues. Labour leaders, including Wilson and Brown, held conservative views on moral questions, and many working-class Labour MPs remained suspicious of what they considered middle-class moral concerns. Laws governing moral questions typically took the form of free votes.
Free vote: A parliamentary vote in which individual MPs vote according to their own conscience rather than following an official party line.
Labour, however, favoured the use of expert witnesses and adopted a technical and rational approach when considering alterations to the law. Although the vast majority of legislation passing through Parliament consisted of government bills, backbench MPs could propose legislation through private members' bills during the 1960s.
These reforms proved successful because Jenkins, as Home Secretary, was sympathetic to them and ensured sufficient parliamentary time was made available for the reforms to be debated and passed. Without Jenkins's support and allocation of parliamentary time, many of these private members' bills would not have progressed through Parliament.
Jenkins's Crucial Role
The success of private members' bills on moral issues depended critically on Roy Jenkins's position as Home Secretary. He provided two essential elements:
- Personal sympathy and support for the reforms
- Allocation of adequate parliamentary time for debate and passage
Without these factors, most of these bills would have failed to become law.
The end of capital punishment
Arguments opposing the death penalty had been advanced throughout the 1950s. Public opinion remained sharply divided on the issue, but the anti-hanging campaign received a notable boost from the case of Ruth Ellis, a young mother who murdered her unfaithful lover in 1955. In 1957, the Tories had begun to address the issue.
The Ruth Ellis case became a pivotal moment in the campaign against capital punishment. Her execution in 1955 drew widespread attention to the moral questions surrounding the death penalty and helped shift public debate on the issue.
Remember!
Key Points to Remember:
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Roy Jenkins outlined three principles for a civilised society in 1959: reducing state restrictions on personal freedom, state support for arts and culture, and fostering tolerance and beauty over puritanism.
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As Home Secretary from December 1965, Jenkins was positioned to influence social reform, though many changes reflected broader societal shifts already underway through affluence, youth culture, and technology.
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Labour had no explicit liberalising agenda and party leaders held conservative moral views, but the party favoured expert evidence and rational approaches to legal reform.
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Private members' bills allowed backbench MPs to propose reforms on moral issues through free votes; these succeeded because Jenkins ensured adequate parliamentary time was allocated for debate and passage.
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The campaign to end capital punishment gained momentum throughout the 1950s, particularly following the Ruth Ellis case in 1955, though public opinion remained divided.