Source · Select Committees · Public Administration and Constitutional Affairs Committee
Recommendation 24
24
Rejected
Paragraph: 97
Establish confidential briefing arrangements for Commons committees on secret NLBIs.
Recommendation
We recognise that, on occasion, there may be good reasons why the Government has to reach NLBIs in secret, for instance in relation to matters of defence or national security. This does not diminish the Government’s accountability to Parliament for placing obligations on the UK. As such, we recommend that when such an agreement is reached, arrangements are made to brief the appropriate House of Commons committee(s) in confidence, to facilitate a degree of scrutiny to take place, and provide the opportunity to express any concerns to the Government.
Government Response Summary
The government rejects the recommendation for new parliamentary scrutiny arrangements for non-legally binding instruments, stating that existing procedures are sufficient and it must retain its ability to enter such agreements in the national interest.
Paragraph Reference:
97
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.