Recommendation 19

There is clearly potential for significant changes to be made following the conclusion of a treaty, and for those changes - for various reasons - not to be subject to parliamentary scrutiny under the current arrangements. All treaties, including any subsequent amendments or decisions of bodies made under those treaties that either modify the treaty itself or modify the UK’s obligations under the treaty - regardless of whether those amendments or decisions have an impact on the domestic level - must be subject to parliamentary approval. Under the new arrangement for approval of treaties we have recommended in paragraphs 65–68 above, many amendments to treaties would be subject to a parliamentary vote. It is our view however that, moving forward, it would be impractical for Parliament to be required to debate and vote on every treaty amendment. It is our view however that, moving forward, it would be impractical for Parliament to be required to debate and vote on every treaty amendment. When the Constitutional Reform and Government Act 2010 is amended in line with our recommendations in paragraphs 65–68 above, it should include a mechanism to ensure that all amendments to treaties, or decisions made under them, are considered by the sifting committee. That committee can recommend, within 21-sitting days following notification by the Government, that the amendment is either: i of such a nature as to not require a debate and vote; or ii is, in its view, of such a nature that it should be subject to the process set out in paragraphs 65–67 above. In a situation where the sifting committee has does not make a recommendation within the 21-day sitting period, it will be considered as if that committee had recommended that the measure is of such a nature as to not require a debate and vote. (Paragraph 76) Non-Legally Binding Instruments (NLBIs)