Select Committee · Public Administration and Constitutional Affairs Committee

The Scrutiny of International Treaties and other international agreements in the 21st century

Status: Closed Opened: 11 May 2022 Closed: 24 May 2024 11 recommendations 21 conclusions 1 report

The Committee is conducting an inquiry into how treaties and other international arrangements (such as Memorandums of Understanding) could be effectively scrutinised in the UK, now that the UK has left the EU. Our particular focus is on the House of Commons.

Clear

Reports

1 report
Title HC No. Published Items Response
Second Report - Parliamentary Scrutiny of International Agr… HC 204 29 Jan 2024 32 Responded

Recommendations & Conclusions

5 items
4 Conclusion Second Report - Parliamentary Scrutiny … Accepted

Clarify in Cabinet Manual that implementing legislation agreement does not signify treaty approval.

We found the arguments that implementing legislation provides an appropriate opportunity for scrutinising and considering treaties in their entirety to be wholly unconvincing. As such, the current arrangements do not deliver a constitutionally sufficient level of scrutiny; nor do they provide an opportunity for Parliament to approve important policies which … Read more

Government response AI summary
The Government disagrees that the Cabinet Manual needs updating, stating it already provides appropriate guidance on the distinction between scrutinizing treaties and implementing legislation. It maintains the existing framework for treaty scrutiny is appropriate and highlights existing parliamentary options for debates, including a specific commitment …
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16 Recommendation Second Report - Parliamentary Scrutiny … Accepted

Retain requirement for explanatory memorandum with treaties under Constitutional Reform Act 2010.

We recommend that the existing requirement to provide an explanatory memorandum along with the treaty in Section 24 of the Constitutional Reform and Governance Act 2010 is retained.

Government response AI summary
The government accepts the recommendation and commits to continuing to provide an explanatory memorandum alongside treaties for parliamentary scrutiny under CRaG, and will keep this under review to ensure necessary detail is provided.
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18 Conclusion Second Report - Parliamentary Scrutiny … Accepted

Devolved legislatures require adequate time to scrutinise treaties impacting their competence.

The negotiation and conclusion of treaties is a reserved matter. As such, devolved legislatures do not currently have a formal role in the scrutiny of treaties. However, many treaties, in particular following the UK’s withdrawal from the European Union, may cover subject matters that touch on areas of devolved competence. … Read more

Government response AI summary
The Government partially agrees, acknowledging devolved governments' interest in international policy and impact of treaties on their competence. It states that UK Government departments already engage with devolved governments through established means, including updated intergovernmental relations structures and engagement before/after negotiation rounds, confirming that it …
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25 Conclusion Second Report - Parliamentary Scrutiny … Accepted

Mandate UK Government to inform devolved governments of relevant NLBIs for central recording.

We stress the importance of the UK Government consistently informing devolved governments when it reaches an NLBI that has implications for devolved competence, and for this to be indicated in the central repository recommended in paragraph 94 above. Furthermore, we would expect devolved governments to keep a record of all … Read more

Government response AI summary
The government partially agrees, stating it already engages with devolved governments in line with the Concordat on International Relations and the Review of Intergovernmental Relations, and does not believe the Concordat needs updating. It agrees that devolved legislatures should determine their own scrutiny arrangements.
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30 Conclusion Second Report - Parliamentary Scrutiny … Accepted

Devolved legislatures' scrutiny of international agreements impacting their competence is crucial.

How the devolved legislatures choose to carry out effective scrutiny of relevant aspects is a matter for them to determine. However, we believe that their scrutiny of international agreements which involve areas of devolved competence is important. 66 Parliamentary Scrutiny of International Agreements in the 21st century As set out … Read more

Government response AI summary
The government partially agrees, reiterating its existing engagement with devolved governments through established means like the Concordat and IGRR. It also agrees that how devolved legislatures choose to scrutinise relevant aspects of agreements is for them to determine.
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Oral evidence sessions

8 sessions
Date Witnesses
14 Jun 2023 David Rutley MP · Foreign, Commonwealth & Development Office, Leonie Lambert · Department for Business and Trade, Nigel Huddleston MP · HM Treasury, Paul Berman · Foreign, Commonwealth & Development Office View ↗
10 May 2023 Dr Mario Mendez · Queen Mary University of London, Professor Emily Jones · Blavatnik School of Government, University of Oxford, Professor Holger Hestermeyer · Kings College London View ↗
10 Jan 2023 Angus MacNeil MP · Member of the House of Commons, The Baroness Hayter of Kentish Town · Member of the House of Lords View ↗
22 Nov 2022 Clare Adamson MSP · Scottish Parliament, Huw Irranca-Davies MS · Senedd Cymru / Welsh Parliament, Mick Antoniw MS · Welsh Government, Rt Hon Angus Robertson MSP · Scottish Government View ↗
5 Jul 2022 Penelope Nevill · Kings College London, Professor Richard Gardiner · University College London (UCL) View ↗
21 Jun 2022 Professor Lorand Bartels MBE · Trade and Agriculture Commission, Professor Malgosia Fitzmaurice · Queen Mary University of London View ↗
7 Jun 2022 Rt Hon Lord Frost CMG · Cabinet Office View ↗
8 Feb 2022 Alexander Horne · Durham University, Arabella Lang · Public Law Project, Jill Barrett · Queen Mary University of London View ↗

Who gave evidence

21 witnesses
WitnessOrganisationSessions
Alexander Horne · Counsel at Hackett & Dabbs LLP and visiting profe… Durham University 1
Angus MacNeil MP · Chair, International Trade Committee Member of the House of Commons 1
Arabella Lang · Head of Research Public Law Project 1
Clare Adamson MSP · Convenor of the Constitution, External Affairs an… Scottish Parliament 1
David Rutley MP · Parliamentary Under-Secretary of State (Americas … Foreign, Commonwealth & Development Office 1
Dr Mario Mendez · Reader in Law Queen Mary University of London 1
Huw Irranca-Davies MS · Chair of the Legislation Justice and Constitution… Senedd Cymru / Welsh Parliament 1
Jill Barrett · Visiting Reader in the School of Law Queen Mary University of London 1
Leonie Lambert · Deputy Director, Parliamentary Policy & Strategy Department for Business and Trade 1
Mick Antoniw MS · Counsel General and Minister for the Constitution Welsh Government 1
Nigel Huddleston MP · Financial Secretary to the Treasury HM Treasury 1
Paul Berman · Legal Director Foreign, Commonwealth & Development Office 1
Penelope Nevill · representing the Bar Council, Barrister at Twenty… Kings College London 1
Professor Emily Jones · Associate Professor of Public Policy Blavatnik School of Government, University of Oxford 1
Professor Holger Hestermeyer · Professor of International and EU Law Kings College London 1
Professor Lorand Bartels MBE · Chair Trade and Agriculture Commission 1
Professor Malgosia Fitzmaurice · Chair of Public International Law Queen Mary University of London 1
Professor Richard Gardiner · Associate Member of the Faculty of laws University College London (UCL) 1
Rt Hon Angus Robertson MSP · Cabinet Secretary for Constitution, External Affa… Scottish Government 1
Rt Hon Lord Frost CMG · Minister of State Cabinet Office 1
The Baroness Hayter of Kentish Town · Chair, International Agreements Committee Member of the House of Lords 1

Correspondence

1 letter
DateDirectionTitle
14 May 2024 From cttee Letter to Rt Hon Penny Mordaunt MP, Leader of the House of Commons on the Sifti…