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.

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

3 items

17 Conclusion Second Report - Parliamentary Scrutiny … Deferred

House of Lords should ideally scrutinise treaties before House of Commons approval vote.

We believe that adequate time should be available for both Houses to conduct meaningful scrutiny of treaties. However, it is a matter for the House of Lords how it chooses to arrange its business, both in its committees and chamber. We would, however, hope that a practice might develop whereby … Read more

Government response AI summary

The government deflects responsibility, stating it is for the House of Commons to consider establishing a sifting committee for treaties, and draws attention to comparable setups in Australia and New Zealand.

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28 Recommendation Second Report - Parliamentary Scrutiny … Deferred

Strengthen international agreement scrutiny in Commons committees and establish a new bespoke committee.

The current arrangements in Parliament for the scrutiny of international agreements are not commensurate with their constitutional importance. The House of Lords has taken steps to address this constitutional lacuna with the establishment of the International Agreements Committee. By contrast, the scrutiny arrangements in the House of Commons are currently … Read more

Government response AI summary

The government partially agrees on the principle of parliamentary accountability for treaties but rejects recommendations for parliamentary approval of treaties and largely deflects the specific recommendations for new scrutiny mechanisms to Parliament itself.

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29 Recommendation Second Report - Parliamentary Scrutiny … Deferred

Review additional resources required for effective scrutiny of international agreements in Commons.

Effective scrutiny of international agreements requires both policy expertise and expertise in international agreements and law. We recommend that a review is carried out to consider whether and what additional resource is required to support effective scrutiny of international agreements in the House of Commons. Read more

Government response AI summary

The government partially agrees but deflects the recommendation for a review of parliamentary resources, stating that how Parliament chooses to scrutinise treaties and whether to introduce new functions is a matter for Parliament itself.

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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

Witness	Organisation	Sessions
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

Date	Direction	Title
14 May 2024	From cttee	Letter to Rt Hon Penny Mordaunt MP, Leader of the House of Commons on the Sifti…