Source · Select Committees · Public Administration and Constitutional Affairs Committee
Recommendation 2
2
Rejected
Paragraph: 16
Exercise of prerogative powers must align with House of Commons' confidence and will.
Conclusion
While we believe that the prerogative should continue to be the source of the power for the Government to negotiate and enter into international agreements, it is clear that the manner and way in which that prerogative power is exercised needs to be more clearly and widely understood. The current arrangements grant the Government considerable power as well as flexibility in how they are used. We favour maintaining this flexibility but are alive to concerns about the potential for abuse of this power. As such, it must be understood that there are clear constitutional limits on the use of this power by ministers. The authority for a Minister, and the Government in general, to exercise the prerogative power is derived from the Government having the confidence of the democractially elected House of Commons. Each and every exercise of prerogative power by a Minister should have the confidence of, and conform to the will of, the House of Commons. It is the responsibility of all Ministers, in their exercise of these powers, to assure themselves that they are acting in accordance with the will and confidence of the House of Commons.
Government Response Summary
The government partially agrees with the Committee's recognition of the Royal Prerogative and Parliament's scrutiny role, but explicitly states it does not accept that the existing framework for treaty scrutiny is insufficient.
Paragraph Reference:
16
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.