Cameron Miranda
The UK's ability to make its own laws has been a topic of discussion, especially in the context of Brexit. The Brexit Freedoms Bill, introduced in September 2022, aimed to restore democratic control over law-making in the UK, giving power back to the UK Parliament and devolved legislatures in Belfast, Cardiff, Edinburgh, and London. This bill was designed to end the special status of retained EU law, allowing the UK to create regulations tailored to its needs and cutting red tape to support business investment and economic growth. The bill also addressed other issues like border control, the welfare system, and globally significant mergers. The UK's law-making process involves both Houses of Parliament, with the House of Commons being the most powerful chamber where MPs discuss and make laws. Any bill must pass through both Houses, receive Royal Assent from the monarch, and can be delayed but not permanently blocked by the House of Lords. Additionally, Scotland, Wales, and Northern Ireland have powers to make legislation for their own jurisdictions.
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What You'll Learn
The UK's Brexit Freedoms Bill
The Brexit Freedoms Bill is designed to remove burdensome EU regulations that have been hindering business innovation and investment in the UK. By abolishing these outdated rules, the Bill will streamline processes, making it easier for businesses to thrive and grow. This will reinforce the UK's reputation as a world-class destination for entrepreneurs and start-ups.
The Bill grants the UK government new secondary powers to amend, replace, or repeal any retained EU laws. This delegation of powers will significantly reduce the amount of parliamentary time required, allowing for more efficient and agile law-making. It will also empower UK departments to create dynamic regulations that can adapt to technological advancements and changes.
The Brexit Freedoms Bill is a testament to the UK's commitment to international obligations while also prioritising the country's specific needs and interests. It builds upon the progress made since Brexit, including regaining control over borders, restoring democratic control over law-making, and ensuring fair access to the welfare system. The Bill will undergo scrutiny and votes in both the House of Commons and the House of Lords, with the final approval resting with the monarch, marking the conclusion of its legislative journey.
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The role of the House of Commons
The House of Commons is the publicly elected chamber of the UK Parliament. It is the most important place for Members of Parliament (MPs) to discuss policies and make laws. The UK public elects 650 MPs to represent their interests and concerns in the House of Commons.
MPs consider and propose new laws and can scrutinise government policies by asking ministers questions about current issues in the Commons Chamber or in Committees. Much of the work of the House of Commons takes place in committees, made up of around 10 to 50 MPs. These committees examine issues in detail, from government policy and proposed new laws to wider topics like the economy.
The House of Commons is where legislation is first put before Parliament. Members of the Commons debate the big political issues of the day and proposals for new laws. The House must decide whether it wants a bill, with its amendments, to become law. A bill is an idea that someone thinks will make a good law. The idea normally comes from the government and is called a government-sponsored bill. However, it can also come from an ordinary MP, in which case it is called a private member's bill.
The bill can start in the Commons or the Lords, but it must pass through both Houses. If one House approves a bill, and it passes to the next House for approval but amendments are made, it will need to pass back to the original House to be voted on again. Any changes (amendments) made have to be agreed upon by both Houses. If the House of Lords votes against a bill that the Commons wants, it can be delayed for a year, but the Lords cannot permanently block it. After passing through both Houses, the bill goes to the King for Royal Assent, meaning official approval from the monarch.
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The role of the House of Lords
The House of Lords is the upper house of the UK Parliament, and its members are referred to as 'peers'. It is independent from, and complements the work of, the elected House of Commons. The House of Lords is the second-largest legislative chamber in the world, and it is the only upper chamber in a bicameral parliament that is larger than its lower chamber.
The House of Lords has three main functions: making laws, investigating public policy, and holding the government to account. Members of the House of Lords spend a lot of their time considering draft government bills before they become law. They ''double-check' new laws to ensure they are fair and will work as intended. The House of Lords is equipped to perform this 'revising' role due to the wide range of expertise and experience of its members, and its independence of thought — a large proportion of its members have no political affiliation. Some members are former politicians, while others are experts in business, education, science, and other public policy areas.
The House of Lords once held more power than the House of Commons, with the ability to veto bills passed by the Commons. However, this power was reduced by the Parliament Act 1911, and today, the House of Lords can only delay bills, not permanently block them. If the House of Lords votes against a bill that the Commons wants, it can be delayed for a year. In general, the House of Lords defers to the democratic mandate of the House of Commons, but it can propose amendments and make proposals for MPs to reconsider. Any amendments must be agreed upon by both Houses.
In recent years, the House of Lords has persuaded the government to make policy changes on a diverse range of issues, including criminalising intimidation or harassment aggravated by hostility towards a victim's sex or gender, making a new offence for photographing breastfeeding in public without permission, and making it illegal to have sex-for-rental accommodation.
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The role of the Monarchy
The United Kingdom is a constitutional monarchy, which means that while the sovereign is the head of state, the ability to make and pass legislation resides with an elected Parliament. The monarch has functions as both the head of state and the head of the nation. The current monarch, King Charles III, is also the head of state of 14 other countries and the Head of the Commonwealth.
The royal prerogative includes the powers to appoint and dismiss ministers, regulate the civil service, issue passports, declare war, make peace, direct the actions of the military, and negotiate and ratify treaties, alliances, and international agreements. The monarch is also the head of the armed forces and has the power to veto any law passed by the Northern Ireland Assembly if it is deemed unconstitutional by the Secretary of State for Northern Ireland.
In a representative role, the sovereign acts as a focus for national identity, unity, and pride, giving a sense of stability and continuity. This is fulfilled through speeches, visits, and honours recognising public and voluntary service. The King and other members of the royal family are also patrons of over 1,000 charities and organisations in the UK and the Commonwealth.
While the monarchy has limited political power, it plays an important part in the life of the nation and has a significant ceremonial and representative role.
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The UK's devolved legislatures
The UK's system of devolution is asymmetric, meaning that different parts of the UK have different forms of devolution and varying degrees of power. Scotland, Wales, and Northern Ireland possess executive and legislative devolution, while Metro Mayors in parts of England and the Mayor of London have only executive powers.
The UK Parliament can still legislate in devolved areas, but under the Sewel Convention, it "does not normally" do so without the explicit consent of the relevant devolved body. The legislatures of the Crown Dependencies (Jersey, Guernsey, and the Isle of Man) are not devolved as their origins predate the establishment of the United Kingdom, and they are not part of the UK. However, the UK has redefined its formal relationship with these dependencies since the late 20th century.
Devolution in the UK has created a national Parliament in Scotland, a Welsh Parliament or Senedd Cymru, and a national Assembly in Northern Ireland. This process transfers varying levels of power from the UK Parliament to the UK's nations while keeping authority over the devolved institutions in the UK Parliament itself. Scotland, Wales, and Northern Ireland held successful referendums on devolution in the late 1990s, leading to the establishment of separate Parliaments or Assemblies and the democratic election of officials.
Devolved powers include decisions that Parliament previously controlled, such as education or health, while reserved powers, including UK defence and foreign policy, remain with Parliament in Westminster. The legislation that has shaped the separate bodies has determined which powers are devolved and which are reserved.
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Frequently asked questions
Laws in the UK are made by politicians in Parliament. Parliament is made up of two houses: the House of Commons and the House of Lords. Members of Parliament (MPs) in the House of Commons are voted in by the public and discuss policies and make laws. The House of Lords acts as a 'double-checker' to ensure the laws are fair and will work.
The process of making a law starts with a 'bill', which is an idea that someone thinks will make a good law. The bill must pass through both houses of Parliament, and any changes made must be agreed upon by both houses. The bill then goes to the King for Royal Assent, which is the official approval from the monarch.
The Brexit Freedoms Bill was introduced to enable the UK government to create regulations that are tailor-made to the UK's needs. The Bill will end the special status of EU law on the UK statute books by 2023, allowing the UK to amend, repeal, or replace outdated and burdensome EU laws.
Scotland, Wales, and Northern Ireland have powers to make their own laws for their respective jurisdictions. The Scottish Parliament was established in 1999 and has the power to make laws on a range of issues known as devolved matters. The Welsh Parliament represents the interests of Wales and its people. The Northern Ireland Assembly has legislative and executive authority for matters that are the responsibility of the Northern Ireland Government Departments, known as transferred matters.
