AS Level Law Assignment 12 - Legislation

Task

You will be set one or both of the following questions:

1. Read the following Sources and answer parts (a) to (d) which follow.

Exercise on legislation and law reform

SOURCE A

For many years backbenchers tried to steer private members' Bills aimed at preventing discrimination against disabled people through Parliament. Until 1993-94 all such Bills had been defeated in the early stages. This demonstrates that, even where the Bill involves what many people would accept as sensible measures, it is difficult for a private member's Bill to succeed unless it has the backing of the government. However in the 1993-94 session of Parliament, the Civil Rights (Disabled Persons) Bill was introduced as a private member's Bill, and was successful up to, and including the Committee Stage, but was then defeated at the Report Stage. This defeat caused public outcry. The outcry was probably a main factor in the Government's decision to issue a Green Paper in July 1994, entitled 'A Consultation on Government Measures to Tackle Discrimination Against Disabled People'. This set out proposals for limited reform of the law so that discrimination against disabled people is prevented both in the labour market and in access to goods and services. One of the points for discussion was the definition of disability and who should and should not be included. A brief extract of the Green Paper on this point is set out below.

2.20 The Government considered that a workable employment right should be based on a definition that:
- is confined to people who have a substantial and long-term disability or a disability which has substantial or long-term effects;
- in principle covers physical, sensory and mental impairments;
- is as straightforward and easy to interpret as possible.

Following the consultation on the Green Paper the Government then published its firm proposals in a White Paper.

Adapted from: The English Legal System, Jacqueline Martin, Hodder & Stoughton

SOURCE B

"… physical or mental impairment which has a substantial long-term effect on ability to carry out normal day-to-day activities ..."

Definition of disabled in s1(1) Disability Discrimination Act 1995

Answer all parts.

(a) Describe the process by which a Bill becomes an Act of Parliament. [24]

(b) (i) Using the Source and other examples explain, and compare 'public Bills' and 'private members' Bills'. (ii) Explain the terms 'Green Paper' and 'White Paper'. [30]

(c) Explain how effective the law reform bodies or any other groups have been in persuading Parliament to reform the law. [24]

(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.

(i) Rachel, who has suffered severe brain damage in a car crash.

(ii) Monica, who is a cook and has developed a painful skin irritation which causes her hands to crack and blister.

(iii) Phoebe, who is a guitarist and is developing profound deafness in one ear. [12]

(Q1 January 2001)

2. Read the following Source and answer parts (a) to (d) which follow.

Exercise on delegated legislation.

SOURCE

There are three main forms of delegated legislation: Statutory Instruments, Bye-laws, Orders in Council. While the validity of a statute can never be challenged by the courts delegated legislation can under the procedure for judicial review.

R v Secretary of State for Social Security, ex parte Joint Council for the Welfare of Immigrants (1996) concerned the Asylum and Immigration Appeals Act 1993 which provided a framework for determining applications for asylum. It allowed asylum seekers to apply for social security benefits while they were waiting for their applications to be decided, at a cost of £200 million per year to the British taxpayers. This led to concern that the provisions might attract those who were simply seeking a better lifestyle (often called economic migrants).

In order to discourage economic migrants, the Secretary of State for Social Security exercised powers to make delegated legislation under the Social Security (Contributions and Benefits) Act 1992 and produced regulations which stated that social security benefits would no longer be available to those who sought asylum after they had entered the UK, rather than immediately on entry, or those who had been refused leave to stay here and were awaiting the outcome of appeals against the decision.

The Joint Council for the Welfare of Immigrants challenged the regulations, claiming that they fell outside the powers granted by the Social Security (Contributions and Benefits) Act 1992. The Court of Appeal upheld their claim, stating that the Asylum and Immigration Appeals Act 1993 was clearly intended to give asylum seekers rights which they did not have previously. The effect of the regulations was effectively to take those rights away again, since without access to social security benefits, most asylum seekers would either have to return to the countries from which they had fled, or live on nothing while their claims were processed. The Court ruled that Parliament could not have intended to give the Secretary of State powers to take away the rights it had given in the 1993 Act: this could only be done in a new statute, and therefore the regulations were ultra vires.

Adapted from: English Legal System, Catherine Elliott and Frances Quinn, Longman

Answer all parts.

(a) Describe and explain the three types of delegated legislation identified in the Source. [28]

(b) Refer to the Source:

(i) Explain for what reasons delegated legislation can be challenged in the courts;

(ii) Describe the orders that can be made if that challenge is successful. [24]

(c) With reference to the Source and your knowledge of delegated legislation, discuss the main advantages and disadvantages of delegated legislation. [26]

(d) Using the Source and other cases, suggest whether the following situations might be subject to challenge in the courts:

(i) Using powers of discretion given under a statute for applications for asylum the Home Secretary introduces a statutory instrument preventing applications for asylum from any immigrant entering from an Asian, African, or Latin American country.

(ii) An Act allows the Home Secretary to introduce statutory instruments to provide emergency accommodation for asylum seekers after first consulting local authorities and holding meetings with local residents. The Home Secretary, responding to a sudden influx of asylum seekers, erects a camp near to a town without consulting the local council or holding a public meeting. [12]

(Q1 June 2001)

Guidance

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AS Level Law Assignment 12 - Legislation

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