Dl 2013


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Dl 2013

  1. 1. A new topic... A new challenge What’s wrong with this picture?
  2. 2. Our Topic: Delegated Legislation Definition: This is where the power to make laws for a specific purpose is delegated to a body other than Parliament. It is also known as secondary legislation. Have you got it? ...so what does that mean primary legislation is? ...why might it be important to know whether legislation is primary or secondary? Why do we need a second form of legislation? ...Dunstable wants to make the whole town one way, as people keep getting knocked down. ... The group Dunstable or Die are threatening to destroy all competing towns, and the Home Secretary wants to ban membership to stop them.
  3. 3. So what do we need to give away this power? We need a primary act of legislation, known as parent or enabling Act What do we mean by this? Dangerous Dogs Act 1991 gives powers to the Home Secretary to add new breeds to the Dangerous Dogs list. PACE 1984 gives powers to...
  4. 4. Starter: Can you match the definition to the term, ...and the example? Definitions A primary statute which gives away legislative powers to another authority. A form of law often made in emergencies, under the powers of the Queen and her council. A form of law limited to a specific area, who are given the power as they have the knowledge! A form of law which allows ministers to make laws over their areas, adding detail or regulation. Examples Terms Statutory Instrument By-law Orders in Council Parent Act
  5. 5. There are three types of DL* A law covering a specific area, or ex-nationalised companies. A rule or regulation put forward by the relevant minister By Law Statutory Instrument A law passed in emergency, or under the Queen’s old powers (‘preogative’) by the Privy Council Orders in Council *well, there’s actually a fourth to come later!
  6. 6. Applying and developing your knowledge Each table has a pack of information. Using the information, can you complete p.3, to explain, illustrate and evaluate the three types of delegated legislation we will look at? Who does this give power to create law to? E Where do they get the power from? (This means the Parent Act) D What powers are they given? Give some specific examples C What controls (if any) can you spot on the passing of this DL? B Why do you think that the body was given the powers rather than Parliament generally? A Hint: You will find two examples of each. ... Oh, and don’t be taken in by all the headings!
  7. 7. Example Two: By Laws A little more detaled information... Example One: Local Government Act 1972 Example Three: Boddington v British Transport Police 1998 How do they become law? How do we let people know that they apply? How do we stop Dunstable Town Council from making all 16 year olds wear onesies?
  8. 8. Case Study: R v Fadol 2007 A commuter who put his feet on a seat during his train journey home has been prosecuted in a clampdown on antisocial behaviour. Babiker Fadol was spotted by a security patrol after stretching out his legs and dozing off. He was ordered to attend court under a 120-year-old bye-law which makes it a criminal offence "to interfere with the comfort or convenience" of fellow passengers. He pleaded guilty and was given a oneyear conditional discharge and ordered to pay £50 costs. This means he now has a criminal record. station in nearby Capenhurst on March 29. He took his feet off the seat when asked to, but was still given a court summons. He appeared at Chester Magistrates' Court charged under the 1889 Railway Regulations Act with behaving in a disorderly, indecent or offensive manner that interfered with the comfort or convenience of a person on the railway. His solicitor Erwin Bamforth told the court: "It's absolute nonsense. He did no harm and when he was asked to put his feet down he co-operated. "Now he finds himself with a criminal conviction for the first time. He didn't appreciate it was an offence.“ Yesterday, the 45-year-old declared that his prosecution was a waste of money and said the courts should concentrate on tackling more serious In February last year builder Rudolph Mills, 39, was arrested when he put his crimes.He said: "I am not happy about it. It is wasting the court's time, my time feet on a bench at Cambridge station. Mr Mills, from North London, was taken and taxpayers' money. Putting your feet on the seat is a bad habit but it's the to court accused of soiling railway property and preventing other rail users least of the problems on trains. They should focus on real crimes.“ from sitting on the bench in contravention of railway bye-laws. However, the Crown Prosecution Service dropped the case. But train operator Merseyrail - the only company to deal so strongly with passengers who put their feet on seats - said several passengers had been prosecuted for antisocial behaviour, including smoking in carriages. A spokesman said: "We are tackling things that aren't the crimes of the century but which irritate the 99.9 per cent of passengers who find such behaviour unacceptable."We've reduced incidents such as robberies and assaults on our trains by 60 per cent and we're now tackling lower-level troublemakers. Passengers are informed whenever our security teams are on board their train, and if they choose to continue to behave in an unacceptable manner they will be dealt with accordingly.“ Fadol was caught by security officials who were using headmounted filming equipment to record the incident, while his train home to Chester was at the 1. 2. 3. 4. 5. Can you discover: The parent act The by-law Who was delegated the power to pass the law The facts of the case Why you think the by law was passed.
  9. 9. Orders in Council These give power to: Standard Examples: Emergency Powers Act 1920 European Communities Act 1972 A different sort of example: Misuse of Drugs Act 1971 s.2 A very different example: R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (2006) Student Task: Over the page in the handout, you will find a copy of this article. Read it and answer the following questions: What were the facts of the situation? Which court handed down the verdict? When will the judgment come into effect? What problems with Orders in Council can you spot? What powers does the court have?
  10. 10. Just one last word on Chagos (for now)...
  11. 11. How do they become law?  What’s the aim of statutory instruments? How do we make sure that the minister doesn’t just do what he wants? affirmative negative Statutory Instruments (SIs) Higher Education Act 2004 ss. 24 & 47 These give powers to individual minister to make certain rules or regulations within their areas. Dangerous Dogs Act 1991 PACE 1984
  12. 12. Starter: Secondary or Primary? You are going to see 9 statements. Which type of legislation do they refer to? Careful: you only have 10 seconds per statement!* Can become Can be amended by Can Controlslaw evena Can behave lotsby aa Arebe challenged in Canproposed of created by over 3000 the when Parliament isn’t Parliament before Involves lamposts the court minister powers. babies! year! becoming law there *Lollipops require excellence!
  13. 13. A final type of delegated legislation... The destruction of democracy: Legislative and Regulatory Reform Act 2006 So what does the Act do? Dangerous Wild Animals Act 1976, I need a licence to have one and furthermore I must be inspected again if I lose my licence and need a new one, or if I want to get a second pet tiger, and it must happen every year! This allows a minister to ‘read in’ delegated to powers into any act of Parliament even if they were not there to start with. Limitations: They can only be ‘read in’ if they would reduce a burden They must be passed using the super-affirmative resolution The minister must consult affected parties Minister for the Environment thinks that is too much, but has no delegated powers under the act to change this As he wants to remove inspections, he says that this is removing a burden and so issues an LRO, reading in powers to the earlier Act Parliament decides that the LRO should be passed using the superaffirmative procedure, rather than the affirmative 60 days, and 2 votes later…It’s Law!
  14. 14. Student evaluation: Why might some people call this the end of democracy? What steps has the government taken to provide controls? Are they sufficient? Is the introduction of these new powers justified?
  15. 15. Applying your knowledge: Can you answer these straightforward application questions? b) Identify and explain the most suitable type of delegated legislation to implement law in the following situations: Source: Delegated legislation is the description given to the vast body of orders in council, statutory instruments and bylaws created by subordinate bodies under specific powers delegated to those bodies by Parliament. The need for delegated legislation is that it enables regulations to be made and altered quickly. The powers delegated are frequently defined in the widest terms. An example is the Human Rights Act which empowers a minister to make such amendments to legislation, or subordinate legislation, as he considers appropriate in order to remove incompatibility with the European Convention on Human Rights. Adapted from 'Walker & Walker's English Legal System', R. Ward 8th Edition, Butterworths. (i)To implement a European Union Directive quickly when Parliament is not sitting. [5] (ii) To allow a government department to issue regulations on education. [5] (iii) For a train company (a public corporation) to implement a ban on the use of mobile phones by passengers. [5]
  16. 16. Can you assess yourself? At the bottom of the page, write the level you think you have achieved for each response. ii Level Four iii and further evidence. and further evidence. Credit reference to any relevant case or statute Credit reference to any relevant case or statute Explain that government ministers introduce particular regulations under powers delegated to them by Parliament in Parent Acts Explain that bylaws can be made by local authorities or public corporations, which the railway authority is. Recognise the most suitable type would be Statutory Instruments and credit any clear link to the source. Recognise the most suitable type would be Bylaws and credit any clear link to the source. 5 Level Three 4 Level Two 3 Level One 1-2
  17. 17. Why have DL in the first place? Well, it lets them add technical detail, e.g. the level of fine, without having to pass a new act each time It is quick to bring in, which means that emergencies can be responded to quickly It allows for further consultation with affected parties They can also use them flesh out the law in more detail, because Parliament is not quite bright enough, or expert enough, to describe it accurately e.g. pension calculations It is more flexible than primary statutes. It can be altered to suit changing circumstances Finally, they can use this method to update the law more easily e.g. changing the classification of Cannabis They can use the expertise of people who know better than them! E.g. computer regulations, environmental standards, local councils. Prevents Parliamentary timetable from being overloaded by allowing them to focus on the big picture e.g. the aims and scope of the Act, rather than the minute detail. Student Tasks: 1. Go back through and add an explanation or example to at least four reasons 2. Discuss some of the problems associated with delegated legislation. All of you must identify three problems. Most of you will be able to explain why they are problems Some of you will be able to discuss why they are not too terrible a problem through the introduction of a counter argument.
  18. 18. General Controls Consultation Publication
  19. 19. Set of Controls 2: Parliamentary Controls Affirmative Resolution Ask a Question! Negative Resolution Parliamentary Scrutiny Committees Approval for By laws Superaffirmative Resolution The Parent Act itself Revocation or further legislation
  20. 20. What’s the word? Parent Act Order in Council Y By-Law Statutory Instrument Challenge: Too easy? Which is the odd one out and why?
  21. 21. Can you explain how this picture relates to the topic, and helps to control law?
  22. 22. Controlling that pesky delegated legislation As we are giving away the power to make laws, we need to make sure they are not passing any old law! General Parliamentary Judicial Using the Parent or Enabling Act for help Student task: Read the section below from the lovely Dangerous Dogs Act 1991 and see if you can spot any controls put in place by the Enabling Act Challenge: What other controls have you come across in our study of DL so far?
  23. 23. Set of Controls 3: Judicial Controls Judicial Review What is it? This is where someone who is directly affected by the law challenges its legality in the courts. Unlike Primary legislation, the courts can set aside DL if they wish. Gillick v West Norfolk AHA (1986) Who can bring it? To bring a judicial review, you must have locus standii. Why did Mrs Gillick have standing? Would she have had standing if she had only sons?
  24. 24. Types of Judicial Review Procedural Substantive Don’t follow the rules Try to do something you don’t have the power to do! Aylesbury Mushrooms Secretary of State for Education (ex parte NUT) R v Jobcentre Plus (ex parte Ann Summers) 2003
  25. 25. ... and Wedensbury unreasonableness Associated Picture House v Wednesbury Corporation 1948 The local council banned all children under fourteen from going to the cinema on Sundays, because they were causing a nuisance to other patrons. The Sunday Entertainment Act 1932, allowed local councils to pass by-laws controlling public entertainment venues. The cinema sought judicial review saying that the council had gone beyond it’s powers in passing the by-law.
  26. 26. Putting it all together! You are going to work together to produce a visual representation on delegated legislation You could include A One joke or pun related to the topic. Two criticisms of the area You should include C  Three key terms and their meanings  Three examples of either the controls or the types (two of which must be done dingbat style) You must include E  Case profile of one key case related to delegated legislation  Two controls on DL  The three main types of DL(at least one of which must be represented visually!)
  27. 27. Plenary: How well have you understood? A Discuss one problem with delegated legislation B Explain how resolutions work to limit the powers of the delegated authority C Explain one reason we might need delegated legislation D Describe what is meant by judicial review E Identify the two general controls on delegated legislation
  28. 28. Who or what am I? Below there are five descriptions which will appear. As soon as you recognise who or what is being described... Put it on your whiteboard! (the earlier... The more points ) 1. I am very powerful. than you think more common 1. I Iam morecommon. than I sound. 1. amvery common. very European I claim to by many the Queen control work for legislation 2.2. I am madedelegateddifferent people but they 2. must have aby many different organisations. am made what drugs are what 2. I Ican tell youspecific responsibility for me. not married but have lots 3. I am great at moving people of children. 3. I Iam also known asplaces or areasaround 3. like working when a regulation apply to specific others aren’t I useful if much slower than my children I’m a good contact in an mouths are 4.4. I’mam much,your feet and Emergency 4. I Iam in theyou 4. bothering Dangerouson lamposts am often published Dogs Act 5. I can also bother about substances. they decide who has the power and what 5. Therein the Local Government Act 1972 5. I’m made up of3000 do I haveare over many ministers. am the power to a year.
  29. 29. Starter: Each of the following illustrates a case or phrase associated with DL... What are they? 1 3 2 4 6 7 5 9 8 10
  30. 30. Recapping those Controls. 2. On the cards, you have 12 controls . 1. Match them to their description Sort them into the three types of control. Joint Committee House of Lords committee who look at delegated powers in a proposed bill Hint: these are not right!
  31. 31. Are the controls really effective at controlling anything? Exam tip: try to include something from each set of controls! Example: Publication Need some more guidance? Can you start by explaining why it is effective?  Can you expand on your point? Explain how an example supports your argument, or give another reason Can you counter that argument? Why might it not be so effective? Can you support and explain your counter argument? Think about it as two bullet points per box
  32. 32. But did you really get it?! You all seem a little unclear on one of the areas, so let’s look at all of them! Using your notes and understanding, complete the revision sheet to give you an overview of the topic!
  33. 33. Dominoes: Can you make the triangles happy? Create the big triangle by matching the questions and answers on the little triangles in front of you!
  34. 34. Developing your AO2 Disadvantages of DL You will need to be able to explain why and illustrate each of them Finally... If you are going for TOP marks Why might they not be as big an disadvantage as they appear? Volume Difficult to Understand Sub-delegation Scrutiny Democratic Accountability
  35. 35. Plenary: How well have you understood? A B Discuss one problem with delegated legislation Explain one reason we might need delegated legislation C Describe what is meant by a legislative reform order D Explain what is meant by a parent act E Identify the three types of delegated legislation
  36. 36. Finally: How ‘rich’ is your knowledge of the last two units?
  37. 37. End of Unit Test: Ci This time, we’re going to do it a bit differently. We are going to complete the sections of the paper, as they are taught! With reference to sources A and B and using your knowledge of delegated legislation: Describe the three different types of delegated legislation. 12 Basics: AO? What does this mean your answer should include? What will you include? What help is there in the source(s)?
  38. 38. Describe the three different types of delegated legislation [15] Intro: Main Area/ Point/ Subheading Means? Description of each Hint One: It might be one box... But it’s going to need more than one point! Example(s) or origin(s) Other information Hint Two: Examples need to be more than a statement! Hint Three: You must include at least one LTS Conclusion
  39. 39. Now Write it! 15 minutes
  40. 40. Chocolate Easter Egg (Selling and Manufacture) Act 2012 This is an Act to provide for the regulation of the selling of chocolate Easter eggs during the winter months and limit the manufacture and selling of such products until the Spring. Applying your knowledge On your sheet you have a number of tasks based on this Act. All of them are intended to check your understanding of Delegated Legislation.
  41. 41. Can you tell the bad from the good? Divide them into advantages and disadvantages of DL
  42. 42. End of Unit Test: Cii This is the difficult one! With reference to sources A and B and using your knowledge of delegated legislation: Discuss the disadvantages and advantages of delegated legislation. Basics: AO? What does this mean your answer should include? What will you include? What help is there in the source(s)?
  43. 43. Discuss the advantages and disadvantages of delegated legislation Introduction Main Point Fast Conclusion Because It allows a quick response to new threats or emergencies and so protect the public more effectively. Illustration/ And Terrorism Act 2000 (allows new terrorist groups to be added) Emergency Powers Act 1920 which... However... because It does not allow for scrutiny of the decision and can be undemocratic because... LTS
  44. 44. Now Write it! 15 minutes
  45. 45. Using Source B, explain the lawfulness of each of these interviews, which was conducted at a police station, but was done without taping. On the 1st November 1991 Gemma was arrested for a summary offence and interviewed. Decision Why/because And… AORP Carl was suspected of an indictable offence and was interviewed on the 1st November 2000 Decision Why/because And… AORP Hank was detained under s.14(1)(a) of the prevention of Terrorism (Temporary Provisions) Act 1989 and was interviewed in March 2000 Decision Why/because And… AORP
  46. 46. Quick Pause and recap… What’s the link? How a Bill becomes an Act (but more of that later….)
  47. 47. Describe how an Act of Parliament is made with reference to source A and your own knowledge Intro: Main Area/ Point/ Subheading Pre-Parliamentary Stages First House Other Place Royal Assent (Parliament Act 1949 restrictions) Conclusion Means Example or origin Explanation
  48. 48. So, what makes a good answer? Good Things in the Answer Failures in the Answer Other things that should have been mentioned Here’s an answer from a student in the past: Parliament writes a Bill which becomes an Act. Before it’s a bill, it starts as a green paper and then a whitepaper. When the bill goes to Parliament, it gets it’s first reading where the minister stands up and reads out the bill. If it is successful, then it moves on to the second reading where there’s a debate. At this point it then goes to the committee who look at the bill and report back and there is one final debate in the third reading before it goes to the House of Lords In the House of Lords, it goes through all the same stages. Only budgets can’t start here. It then goes to the Queen to sign, or as the source calls it, royal assent, before it becomes law on the date of commencement. The process is a long one and can involve lots of ping ponging between the two houses. Which of the following descriptions do you think fits the answer? “linking to the source, accurate reference to each stage with good supporting detail and mention the pre-legislative stages” “most or all the stages are present with some explanation” “some stages and some explanation” “a bare list, with no more that a couple of points explained”
  49. 49. Quick Self-Evaluation Complete the short form in front of you, and stick it on the back of your answer. For each question, pick the level you think you have achieved Qu. A Qu.B Qu.Ci Qu.Cii Level 4 linking to the source, accurate reference to each stage with good supporting detail and mention the prelegislative stages Identifies the critical point (whether lawful), two other relevant factors and explanation & LTS Covers all three types and links to the source. Good level of description Four well developed points, covering both sides and linking to the source Level 3 most or all the stages are present with some explanation Identifies the critical point, one other relevant factor, explanation & LTS Covers all three types, with an adequate level of description. Three well developed points and some kind of two sided discussion – at least one mention of each. Level 2 some stages and some explanation Identifies the critical point and explains why Either covers all three, but with limited description or covers one or two with adequate description Either two well developed points, or a range of limited points. May be only focused on one side Level 1 a bare list, with no more than a couple of points explained” Tries to identify the critical point. Either very limited description of all three, or only describes one. A list, which may have some development in places.
  50. 50. Plenary How confident are you? I know what this is. The types of bill How a Bill becomes an Act What delegated legislation is The three types of DL Why we need DL The general controls of DL The Parliamentary controls of DL The judicial controls of DL The changes under the Legislative and Regulatory Reform Act 2006 Any areas you have put nothing for... Were you missing? Did you ask? Have you researched? I can describe this I can evaluate or discuss this