Select committee: Public Administration and Constitutional Affairs Committee

Conclusion 4

Second Report - Parliamentary Scrutiny of International Agreements in the 21st century Published 29 Jan 2024 Paragraph 23

Public Administration and Constitutional Affairs Committee The Scrutiny of International Treaties and other international agreements in the 21st century All items in this report Report on parliament.uk ↗ Inquiry on parliament.uk ↗

Conclusion (the committee's words)

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 can have a significant impact on domestic affairs. Parliament’s opportunity to debate and approve or reject implementing legislation is not a substitute for proper parliamentary consideration of a treaty. Agreement to 60 Parliamentary Scrutiny of International Agreements in the 21st century implementing legislation should not be taken to represent approval of a treaty as a whole. This should be clearly set out in the Cabinet Manual and reflected in other guidance to ministers and civil servants.

From: Public Administration and Constitutional Affairs Committee, Second Report - Parliamentary Scrutiny of International Agreements in the 21st century (HC 204), paragraph 23, 29 January 2024

Government response

The government responded to the whole report on 18 April 2024 (deadline 29 March 2024).

Summary written by Accountability Index from the government's response. It is not the government's own words.

The government partially agrees with some conclusions but does not accept that the existing framework for treaty scrutiny is insufficient, and disagrees with the recommendation that Parliament must approve all treaties.

On the recommended active approval process, the government says it "does not accept" that Parliament requires further powers and that Part 2 of CRaG "strikes the appropriate balance", so "no legislative changes are required".
It disagrees with a central repository for non-legally binding instruments, calling it "impractical", but says it "will update its published guidance to encourage consistency and transparency".
It accepts the recommendation to keep providing an explanatory memorandum alongside treaties laid under CRaG, and says it will keep the information provided "in review".
On negotiating mandates, it says a working practices agreement is "neither necessary nor appropriate", though it remains "committed to the principles of transparency and positive engagement" while retaining discretion over information shared.

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