Source · Select Committees · Public Administration and Constitutional Affairs Committee
Recommendation 1
1
Rejected
Paragraph: 15
Negotiation of international agreements remains an executive prerogative power under UK law.
Conclusion
Under the UK’s constitutional arrangements, the power to negotiate and enter into international agreements is a prerogative power; as such, the power still sits notionally with the sovereign, but in practice is exercised exclusively by the executive (i.e Ministers of the Crown). Prerogative powers are legitimately exercised by Ministers owing to the fact that they are understood to have the confidence of the House of Commons and are ultimately accountable to Parliament for any such exercise.
Government Response Summary
The government partially agreed that Parliament has an essential role in treaty scrutiny and accountability, but explicitly rejected the notion that the existing framework for treaty scrutiny is insufficient or requires changes.
Paragraph Reference:
15
Government Response
Rejected
HM Government
Rejected
Partially agree. 2 Government Response The Government welcomes the Committee’s recognition that the Government should continue to conduct negotiations and enter into treaties under the Royal Prerogative and maintain the flexibility in how this is used. As stated in its evidence, the Government conducts its negotiations in the national interest, seeking the best deals for the UK. In exercising this power, any Government signing a treaty should be confident of domestic political support. Parliament has an essential role in the scrutiny of treaties, in the scrutiny of implementing legislation and in holding the Government to account for its policy decisions. The Government remains aware of this essential point in all its treaty negotiations. However, the Government does not accept that the existing framework for treaty scrutiny is insufficient. Further detail on that position is set out in this response.