Public Access to Parliamentary Proceedings

Proceedings of both Houses are normally public and visitors can watch the proceedings from the galleries of both chambers. The minutes and speeches are published daily in Hansard House of Commons and Hansard House of Lords the official report of debates. Each daily report also includes the answers to parliamentary questions put down for a written reply. The House of Commons also publishes a Weekly Information Bulletin which gives details about parliamentary affairs. Both Houses have information offices which prepare a variety of publications and answer enquiries from the public.

The records of the Lords from 1497 and the Commons from 1547, together with the parliamentary and political papers of a number of former members of both Houses, are available to the public through the House of Lords Record Office.

The proceedings of both Houses of Parliament may be broadcast on television and radio, either live or, more usually, in recorded or edited form. BBC Radio 4 is obligated to broadcast an impartial day-by-day account of proceedings when Parliament is in session. A weekly programme covers the proceedings of the select committees on departmental affairs. Many other television and national and local radio programs cover parliamentary affairs. Complete coverage is available on cable television. Also, most national and regional newspapers have parliamentary correspondents. Several national daily newspapers present a daily summary of the previous day's proceedings.

Task 14. The British Government: The Legal System

The Law

Although Britain is a unitary state, England and Wales, Scotland and Northern Ireland all have their own legal systems, with considerable differences in law, organisation and practice. However, a large amount of modern legislation applies throughout Britain. The law is divided into criminal law and civil law; the latter regulates the conduct of people in ordinary relations with one another. The distinction between the two branches of the law is reflected in the procedures used, the courts in which cases may be heard and the sanctions which may be applied.

The legal system of England and Wales comprises both an historic body of conventions known as common law and equity, and parliamentary and European Community legislation; the last of these applies throughout Britain. Common law, which is based on custom and interpreted in court cases by judges, has never been precisely defined or codified. It forms the basis of the law except when superseded by legislation. Equity law consists of a body of historic rules and principles which are applied by the courts. The English legal system is therefbre distinct from many of those of Western Europe, which have codes derived from Roman law.

European Community law, deriving from Britain's membership of the European Union, is confined mainly to economic and social matters; in certain circumstances it takes precedence over domestic law. It is normally applied by the domestic courts, but the most authoritative rulings are given by the European Court.

The Judiciary

The Lord Chancellor is head of the judiciary in England and Wales. His responsibilities include court procedure and, through the Court Service, the administration of the higher courts and many tribunals in England and Wales. He recommends all judicial appointments to the Crown - other than the highest, which are recommended by the Prime Minister - and appoints magistrates. Judges are normally appointed from practising lawyers. They are not subject to ministerial direction or control.

The courts

Criminal Courts

Summary or less serious offences, which make up the vast majority of criminal cases, are tried in England and Wales by unpaid lay magistrates - justices of the peace (JPs), although in areas with a heavy workload there are a number of full-time, stipendiary magistrates. More serious offences are tried by the Crown Court, presided over by a judge sitting with a jury of citizens randomly picked from the local electoral register. The Crown Court sits at about 90 centres and is presided over by High Court judges, full-time 'circuit judges' and part-time recorders.

Appeals from the magistrates' courts go before the Crown Court or the High Court. Appeals from the Crown Court are made to the Court of Appeal (Criminal Division). The House of Lords is the final appeal court in all cases.

Civil Courts

Magistrates' courts have limited civil jurisdiction. The Y70 county courts have a wider jurisdiction; cases are normally tried by judges sitting alone. The 80 or so judges in the High Court cover civil cases and some criminal cases, and also deal with the appeals. The High Court sits at the Royal Courts of Justice in London or at 26 district registries. Appeals from the High Court are heard in the Court of Appeal (Civil Division), and may go on to the House of Lords, the final court of appeal.

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