Source · Select Committees · Public Administration and Constitutional Affairs Committee
Recommendation 23
23
Rejected
Paragraph: 96
Require government to make time for NLBI debates upon committee or Opposition request.
Recommendation
We further believe that if a request is made by a parliamentary committee or the Leader of the Official Opposition for a debate and vote on an NLBI, the Government should make time for this on the floor of the House. This practice should be set out in guidance to ministers and civil servants.
Government Response Summary
The Government rejects the recommendation to make time for parliamentary debates and votes on non-legally binding instruments (NLBIs). It argues against routine scrutiny for NLBIs, asserting that existing parliamentary procedures allow for debates on matters of public importance and committees can already scrutinise them within their subject areas.
Paragraph Reference:
96
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.