Source · Select Committees · Public Administration and Constitutional Affairs Committee
Second Report - Parliamentary Scrutiny of International Agreements in the 21st century
Public Administration and Constitutional Affairs Committee
HC 204
Published 29 January 2024
Recommendations
16
Accepted
Para 69
Retain requirement for explanatory memorandum with treaties under Constitutional Reform Act 2010.
Recommendation
We recommend that the existing requirement to provide an explanatory memorandum along with the treaty in Section 24 of the Constitutional Reform and Governance Act 2010 is retained.
Government Response Summary
The government accepts the recommendation and commits to continuing to provide an explanatory memorandum alongside treaties for parliamentary scrutiny under CRaG, and will keep this under review to ensure necessary detail is provided.
Conclusions (4)
4
Conclusion
Accepted
Para 23
We found the arguments that implementing legislation provides an appropriate opportunity for scrutinising and considering treaties in their entirety to be wholly unconvincing. As such, the current arrangements do not deliver a constitutionally sufficient level of scrutiny; nor do they provide an opportunity for Parliament to approve important policies which …
Government Response Summary
The Government disagrees that the Cabinet Manual needs updating, stating it already provides appropriate guidance on the distinction between scrutinizing treaties and implementing legislation. It maintains the existing framework for treaty scrutiny is appropriate and highlights existing parliamentary options for debates, including a specific commitment from DBT to facilitate FTA debates when requested by certain committees.
18
Conclusion
Accepted
Para 71
The negotiation and conclusion of treaties is a reserved matter. As such, devolved legislatures do not currently have a formal role in the scrutiny of treaties. However, many treaties, in particular following the UK’s withdrawal from the European Union, may cover subject matters that touch on areas of devolved competence. …
Government Response Summary
The Government partially agrees, acknowledging devolved governments' interest in international policy and impact of treaties on their competence. It states that UK Government departments already engage with devolved governments through established means, including updated intergovernmental relations structures and engagement before/after negotiation rounds, confirming that it is for devolved legislatures to determine their scrutiny.
25
Conclusion
Accepted
We stress the importance of the UK Government consistently informing devolved governments when it reaches an NLBI that has implications for devolved competence, and for this to be indicated in the central repository recommended in paragraph 94 above. Furthermore, we would expect devolved governments to keep a record of all …
Government Response Summary
The government partially agrees, stating it already engages with devolved governments in line with the Concordat on International Relations and the Review of Intergovernmental Relations, and does not believe the Concordat needs updating. It agrees that devolved legislatures should determine their own scrutiny arrangements.
30
Conclusion
Accepted
Para 136
How the devolved legislatures choose to carry out effective scrutiny of relevant aspects is a matter for them to determine. However, we believe that their scrutiny of international agreements which involve areas of devolved competence is important. 66 Parliamentary Scrutiny of International Agreements in the 21st century As set out …
Government Response Summary
The government partially agrees, reiterating its existing engagement with devolved governments through established means like the Concordat and IGRR. It also agrees that how devolved legislatures choose to scrutinise relevant aspects of agreements is for them to determine.