Select committee: Public Administration and Constitutional Affairs Committee

Conclusion 22

Second Report - Parliamentary Scrutiny of International Agreements in the 21st century Published 29 Jan 2024 Paragraph 95
Conclusion (the committee's words)
It is clear that NLBIs are already a significant part of how states manage relations between one another and make policy decisions internationally. Arrangements therefore need to be put in place for Parliament to be informed of new NLBIs and, if necessary, to scrutinise them. We would not expect routine and regular votes to approve NLBIs, but this does not diminish the obligation on ministers to assure themselves in reaching such agreements that they are acting in accordance with the will of, and with the confidence of, the House of Commons.

From: Public Administration and Constitutional Affairs Committee, Second Report - Parliamentary Scrutiny of International Agreements in the 21st century (HC 204), paragraph 95, 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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