Influences on Parliament (OCR A-Level Law): Revision Notes
Influences on Parliament
Introduction
Where do ideas for new laws originate? While government policy is often the source, various individuals, groups and organisations influence the development of legislation. Understanding these influences is crucial for appreciating how the legal system responds to societal needs and political pressures.
There are three main methods of law reform in the UK: through Parliament, through the Law Commission, and through Royal Commissions. This section focuses on the various influences that shape parliamentary law-making.
Types of influences on Parliament
Political influence
Political parties play a central role in shaping new legislation through their election manifestos. When a general election is called, each political party publishes a manifesto setting out promises about what new laws they will introduce if elected to government.
Example: The Hunting Act 2004
The Hunting Act 2004 was enacted following the Labour Party's manifesto promise to outlaw fox hunting if elected to government. This demonstrates how manifesto commitments translate into actual legislation once a party assumes power.
Advantages:
- Each political party arrives at an election with detailed policy proposals already prepared, allowing for efficient law-making once in power
- When a government holds an overall majority in Parliament, most Bills it introduces are likely to pass successfully through the legislative process
Disadvantages:
- While making promises during election campaigns is straightforward, fulfilling those promises once in government proves considerably more challenging
- Governments without an overall majority face particular difficulties implementing their manifesto commitments, as demonstrated by the Conservative/Liberal Democrat coalition government between 2010 and 2015
Public opinion
Public opinion refers to the collective views and beliefs held by members of the general public in the United Kingdom. This represents a particularly powerful influence on Parliament because citizens aged over 18 possess the right to vote in general elections.
Example: The EU Referendum 2016
Public opinion regarding whether the UK should leave the European Union was divided. In a national referendum held in 2016, the majority of voters chose to leave the EU. This public decision enabled Parliament to legislate in 2017 to facilitate the UK's withdrawal from the European Union.
Advantages:
- When the majority of the public holds clear beliefs or makes specific demands on a particular issue, Parliament can confidently pass legislation addressing that matter, knowing it has democratic support
Disadvantages:
- Accurately gauging public opinion presents notorious difficulties
- In practice, definitively establishing what the majority of the public believes about any specific issue proves extremely challenging
- Opinion polls and surveys may not accurately reflect the true views of the population
Challenge of Measuring Public Opinion
One of the fundamental difficulties Parliament faces is determining what the public truly wants. Opinion polls, surveys, and even referendums may not capture the full complexity of public views on legislative matters. This uncertainty can lead to laws that don't fully reflect the public's actual wishes.
Media influence
The media plays a significant role in shaping and amplifying public opinion. When strong public opinion exists about a particular issue, the government may respond to that pressure. Where the media gives high-profile coverage to an issue, this coverage can add substantial weight to public opinion and increase pressure on Parliament to act.
Example: The Dunblane Massacre and Gun Control
Following the Dunblane massacre in 1996, extensive media coverage combined with public outrage led to legislation banning private ownership of handguns. The emotional impact of the tragedy, amplified by sustained media attention, created overwhelming pressure for immediate legislative action.
Advantages:
- The UK's free press can openly criticise government policy and bring issues to the government's attention through public opinion
- Media coverage helps ensure important matters receive parliamentary consideration
Disadvantages:
- Responding too quickly to high-profile incidents often leads to poorly drafted legislation. The Dangerous Dogs Act 1991 serves as a prime example of hastily prepared law responding to media pressure
- Media companies possess the power to manipulate news coverage to create or influence public opinion rather than merely reporting it
The Danger of "Knee-Jerk" Legislation
When Parliament rushes to respond to media pressure and public outcry, the resulting legislation may be poorly thought out and ineffective. The Dangerous Dogs Act 1991 is frequently cited as an example of legislation that was hastily drafted in response to media hysteria, resulting in a law that has proven difficult to enforce and has failed to adequately address the problem it was designed to solve.
Pressure groups
Pressure groups are organised bodies that seek to influence government policy and legislation. Understanding the different types helps explain how they operate and what interests they represent.
Sectional pressure groups represent the interests of a particular group of people (such as trade unions representing workers in specific industries).
Causal pressure groups (also called cause groups) promote a particular cause or issue (such as environmental protection or animal welfare).
Example: The Smoking Ban 2007
Laws against smoking in public places were introduced in 2007 following sustained campaigns by public health advocates and medical professionals highlighting the dangers of passive smoking. This demonstrates how causal pressure groups can successfully influence legislation by presenting scientific evidence and building public support.
Advantages:
- Pressure groups often bring important scientific discoveries and expert knowledge to the government's attention
- They provide specialist expertise that helps inform evidence-based policy-making
- Environmental groups, for example, have highlighted the damage caused by greenhouse gases and other pollutants
Disadvantages:
- Conflicting interests between opposing pressure groups can create difficulties for Parliament in deciding which position to support
- The conflict over fox hunting illustrates this problem: the League Against Cruel Sports campaigned to ban the practice, while the Countryside Alliance argued it should continue
Conflicting Pressure Groups
Parliament often faces the challenge of balancing competing interests when different pressure groups advocate for opposing positions. The fox hunting debate exemplified this tension, with animal welfare campaigners on one side and rural community representatives on the other. When such conflicts arise, Parliament must weigh the evidence and arguments from both sides, though this can make reaching a decision politically difficult.
Lobbyists and lobbying firms
Lobbyists are usually professionals or organisations who attempt to persuade or influence governments to enact, amend or repeal legislation that affects their own interests or those of their clients. Most multi-national companies employ or use lobbyists to represent their interests.
Advantages:
- Like any professional service industry, citizens or organisations can engage a lobbyist to represent and present their interests directly to government ministers or their departments
- Lobbyists typically possess political contacts and expertise that give them access to decision-makers
Disadvantages:
- Lobbying services are expensive, which means they may only represent those citizens or groups who can afford to pay for professional representation
- Accusations of dubious and corrupt methods have been made against lobbyists
- The phrase "cash for questions" refers to allegations that some MPs accepted payment to ask parliamentary questions on behalf of paying clients
Concerns About Lobbying
The lobbying industry raises serious questions about fairness and democratic representation. Because lobbying services are expensive, wealthy individuals and large corporations have disproportionate access to lawmakers compared to ordinary citizens. Additionally, scandals involving "cash for questions" and other corrupt practices have damaged public trust in the relationship between lobbyists and MPs.
Revision activity: Research the case of former MP Stephen Byers, who was filmed by an undercover reporter in 2010 describing himself as like a "cab for hire" and stating he would work for up to £5,000 per day. Media reports alleged he was willing to help a lobbying firm influence government policy.
Law Commission
The Law Commission is a statutory independent body created by the Law Commissions Act 1965 to keep the law under review and to recommend reform where needed. It comprises legal experts who conduct thorough research into areas of law requiring modernisation or clarification.
Example: The Digital Economy Act 2016
The Digital Economy Act 2016 followed the Law Commission's report published in 2013 recommending reforms to digital communications law. This shows how the Law Commission identifies areas where the law has fallen behind technological developments and proposes modern solutions.
Advantages:
- The Law Commission provides objective analysis by legal experts who systematically plan to reform and consolidate the law
- Their work makes the law more accessible and easier to understand for all citizens
- Recommendations are based on thorough research and consultation rather than political considerations
Disadvantages:
- Parliament is not obliged to act on the Law Commission's recommendations
- Many reports have been ignored by successive governments
- Numerous Law Commission reports suggesting reform of non-fatal offences against the person have been published but Parliament has failed to implement the proposed changes
- This means valuable expert work may not result in actual legal reform
Parliament's Failure to Implement Reforms
Despite the Law Commission's expertise and thorough research, Parliament has no legal obligation to implement their recommendations. This has resulted in frustrating situations where important reforms, particularly regarding non-fatal offences against the person, have been repeatedly recommended but never enacted. This raises questions about whether the Law Commission's resources are being effectively utilised.
Remember!
Key Points to Remember:
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Political manifestos form the basis of many new laws, with government majorities making passage easier, though coalitions face implementation challenges
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Public opinion strongly influences Parliament through voting power, but accurately measuring what the public truly believes remains difficult
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Media coverage can amplify public concern and pressure government action, though this may result in poorly drafted "knee-jerk" legislation
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Pressure groups provide expert knowledge and represent sectional interests or specific causes, but conflicting groups may make decision-making challenging
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Lobbyists offer professional representation to those who can afford their services, though concerns exist about expense and potential corruption
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The Law Commission provides independent expert recommendations for law reform, but Parliament has no obligation to implement their proposals, meaning many valuable reports are ignored