Law in the Making: a new publication by the Hansard Society

Parliamentary scrutiny does make a difference to legislation: new Hansard Society research challenges conventional view of Parliament’s effectiveness.

"Law in the Making is a fine piece of scholarship, which is forensic, balanced and informative. It is a thorough exploration of how policy ideas gradually evolve into binding law" – Rt Hon Jack Straw MP 

A new publication from the Hansard Society, Law in the Making: Influence and Change in the Legislative Process, analyses the influences and elements that come together to make an act of Parliament and concludes that the widely-held view of Parliament as a ‘rubber stamp’ for government legislation bears little resemblance to reality.

The research draws upon the findings from five detailed case studies and over 80 exclusive interviews with ministers, MPs, peers, government and parliamentary officials and pressure groups. Key conclusions include:

• Although there is a predominant belief within government that to change a bill is a sign of weakness, parliamentary scrutiny does make a difference to the final shape of an Act;
• MPs and peers, whether individually or collectively, have a larger impact than is commonly recognised;
• External actors have a marked influence on legislation, often by working closely with parliamentarians;
• Parliamentary scrutiny has been enhanced in recent years, with more changes made to government bills;
• Nonetheless, the volume and complexity of legislation continue to inhibit Parliament’s effectiveness.

 The study also suggests some recommendations for reform, including:

• More structured and straightforward government consultations;
• An increase in pre-legislative scrutiny;
• Improvements to the committee stage.

Fiona Booth, Hansard Society Chief Executive, commented: ‘Our research challenges the myth that government always gets its way. Parliamentary scrutiny, both in the Commons and the Lords, does make a significant difference to legislation.’

Law in the Making: Influence and Change in the Legislative Process was written by Alex Brazier, Susanna Kalitowski and Gemma Rosenblatt with Matt Korris.  It looks at five case studies, the Export Control Act 2002, the Equality Act 2006, the Immigration, Asylum and Nationality Act 2006, the Legislative and Regulatory Act 2006 and the Welfare Reform Act 2007, tracking them through various stages of the legislative process. It also considers a number of private members' bills.

ISBN: 978 0900432 39 2

Law in the Making was published on Wednesday July 16 at an event in Parliament with Rt Hon Jack Straw MP giving the keynote address. For more information about the launch event, click here.

The publication costs £10 (+ p&p) please order here

The Hansard Society is grateful to the Nuffield Foundation for generously supporting this publication.