Source · Select Committees · Public Administration and Constitutional Affairs Committee
Recommendation 22
22
Rejected
Paragraph: 95
Parliament needs to be informed and scrutinise new non-legally binding instruments.
Conclusion
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.
Government Response Summary
The government rejects the recommendation for new arrangements for parliamentary scrutiny of non-legally binding instruments, stating it does not agree new votes or processes are needed as existing parliamentary procedures are sufficient for scrutiny when appropriate.
Paragraph Reference:
95
Government Response
Rejected
HM Government
Rejected
Disagree. The Government does not agree with the Committee’s recommendation to introduce new arrangements for the parliamentary scrutiny of non-legally binding instruments and for votes of approval. It is important that the Government retains its ability to enter into non-legally binding political commitments and administrative arrangements with other states and organisations in the national interest. There has never been a convention in the UK whereby non-legally binding instruments are routinely submitted for parliamentary scrutiny, nor are we aware of any state or international organisation that handles its NBIs as if they were treaties. The Government recognises that non-legally binding instruments can contain important policy content. They should therefore be treated in the same way as other expressions and statements of government policy. Where non-legally binding instruments raise questions of public importance, the Government already draws such matters to the attention of Parliament in a variety of ways. For example, this may be done through a Written Ministerial Statement. If Parliament so wishes, it may already call a debate on any non- legally binding instrument it considers of interest, in line with existing parliamentary procedures. Parliamentary committees may also hold departments to account for non- legally binding instruments within their subject areas. Arrangements exist for sharing sensitive information with such committees. However, the Government also has a responsibility to protect UK interests and ensure it does not release information that would undermine its international partners’ legitimate expectations of confidentiality.