Source · Select Committees · Public Administration and Constitutional Affairs Committee
Recommendation 32
32
Rejected
Establish a convention for Commons to approve CD/OT related treaties only with their consent.
Conclusion
We are satisfied that the existing conventions are strong enough to ensure that a treaty will not be extended to the Crown Dependencies and Overseas Territories without their consent. This consent should also be communicated to Parliament at the point where the Government seeks to extend territorial applicability to include one or more jurisdictions. The changes to require the Government to seek Parliament’s approval for all treaties will mean that treaties which include, or are to be extended to, Crown Dependencies and Overseas Territories, would require the approval of the House of Commons. A convention should be established between Parliament and the Government whereby the House of Commons would not be called upon to approve a treaty or extension of a treaty solely relating to a Crown Dependency or an Overseas Territory when the relevant jurisdictions had not yet expressed their approval. (Paragraph 143) Parliamentary Scrutiny of International Agreements in the 21st century 67
Government Response Summary
The government partially agrees, stating it will continue its existing practice of consulting Crown Dependencies and Overseas Territories on treaty matters. However, it rejects the need for new arrangements, including communicating their consent to Parliament or establishing a new convention for parliamentary approval processes.
Government Response
Rejected
HM Government
Rejected
Partially agree. The UK is responsible for the international relations of the Crown Dependencies and Overseas Territories and unless expressly authorised to do so by the UK Government, the Crown Dependencies and Overseas Territories do not have the authority to become party to treaties in their own right. Instead, the UK can ratify treaties on their behalf by extending the territorial scope of its ratification of treaties to include them. This is normally done either at the time of ratification or at a later date. The Government welcomes the Committee’s recognition of the regular and effective consultation between the UK Government and the Crown Dependencies and Overseas Territories on treaty matters. The Government will continue to consult the Crown Dependencies and Overseas Territories when a treaty is being negotiated, or consideration is being given to extending the territorial scope of a treaty already adopted, which could apply to them. In the Joint Declaration made by the Overseas Territories and the UK and published in December 2023, the Government committed to further improving its processes for consulting and informing Overseas Territories regarding new international obligations. When subjecting treaties for parliamentary scrutiny under CRaG, the Government will continue to provide in the explanatory memorandum information on the extension of treaty provisions to the Crown Dependencies and Overseas Territories and associated consultations. Treaties are not however required to be laid before Parliament if they have been negotiated and concluded by the government of an Overseas Territory or a Crown Dependency under authority given by the Government of the United Kingdom in a Letter of Entrustment. Government Response 17 Given the above, the Government does not believe it is necessary to notify any new sifting committee – as well as the Justice Committee and Foreign Affairs Committee where appropriate – when it is in discussion with Crown Dependencies or Overseas Territories on the potential extension of treaties to them, when negotiating an agreement on their behalf, or when it has provided a Letter of Entrustment. The Government does not agree that any new arrangement is required for treaties or treaty extensions relating to Crown Dependencies or Overseas Territories.