Recommendation 4

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.