Recommendation 18

The negotiation and conclusion of treaties is a reserved matter. As such, devolved legislatures do not currently have a formal role in the scrutiny of treaties. However, many treaties, in particular following the UK’s withdrawal from the European Union, may cover subject matters that touch on areas of devolved competence. It is important that the devolved legislatures are able to consider the impact of a treaty on these areas. We believe that adequate time should be available for devolved legislatures to conduct meaningful scrutiny of treaties that impact on areas of devolved competence. However, it is a matter for the devolved legislatures how they Parliamentary Scrutiny of International Agreements in the 21st century 63 choose to carry out scrutiny and arrange their business, both in their committees and their chambers. We would, however, hope again that a practice might develop whereby the devolved legislatures carry out scrutiny, produce reports and hold debates on a treaty in sufficient time so that the views of the devolved legislatures can be taken into account when the House of Commons votes on whether to approve a treaty.