The Scrutiny of International Treaties and other international agreements in the 21st century

Public Administration and Constitutional Affairs Committee Closed Inquiry
Opened: 11 May 2022 Closed: 24 May 2024 Parliament page
The Committee is conducting an inquiry into how treaties and other international arrangements (such as Memorandums of Understanding) could be effectively scrutinised in the UK, now that the UK has left the EU. Our particular focus is on the House of Commons.
11 Recommendations
21 Conclusions
1 Report
8 Oral sessions
1 Letter
8 Events
Activity timeline 19 events
14 May
2024
Correspondence
18 Apr
2024
Report published
29 Jan
2024
Report published
14 Jun
2023
Oral evidence
14 Jun
2023
Formal meeting (oral evidence session) · Room 15, Palace of Westminster
10 May
2023
Oral evidence
10 May
2023
Formal meeting (oral evidence session) · Room 16, Palace of Westminster
10 Jan
2023
Oral evidence
10 Jan
2023
Formal meeting (oral evidence session) · Room 16, Palace of Westminster
22 Nov
2022
Oral evidence
22 Nov
2022
Formal meeting (oral evidence session) · Room 16, Palace of Westminster
5 Jul
2022
Oral evidence
Oral evidence sessions 8 sessions
14 Jun 2023
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The Scrutiny of International Treaties and other international agreements in the 21st century
David Rutley MP · Foreign, Commonwealth & Development Office Leonie Lambert · Department for Business and Trade Nigel Huddleston MP · HM Treasury Paul Berman · Foreign, Commonwealth & Development Office
10 May 2023
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The Scrutiny of International Treaties and other international agreements in the 21st century
Dr Mario Mendez · Queen Mary University of London Professor Emily Jones · Blavatnik School of Government, University of Oxford Professor Holger Hestermeyer · Kings College London
10 Jan 2023
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The Scrutiny of International Treaties and other international agreements in the 21st century
Angus MacNeil MP · Member of the House of Commons The Baroness Hayter of Kentish Town · Member of the House of Lords
22 Nov 2022
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The Scrutiny of International Treaties and other international agreements in the 21st century
Clare Adamson MSP · Scottish Parliament Huw Irranca-Davies MS · Senedd Cymru / Welsh Parliament Mick Antoniw MS · Welsh Government Rt Hon Angus Robertson MSP · Scottish Government
5 Jul 2022
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The Scrutiny of International Treaties and other international agreements in the 21st century
Penelope Nevill · Kings College London Professor Richard Gardiner · University College London (UCL)
21 Jun 2022
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The Scrutiny of International Treaties and other international agreements in the 21st century
Professor Lorand Bartels MBE · Trade and Agriculture Commission Professor Malgosia Fitzmaurice · Queen Mary University of London
7 Jun 2022
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The Scrutiny of International Treaties and other international agreements in the 21st century
Rt Hon Lord Frost CMG · Cabinet Office
8 Feb 2022
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The Scrutiny of International Treaties and other international agreements in the 21st century
Alexander Horne · Durham University Arabella Lang · Public Law Project Jill Barrett · Queen Mary University of London
Title HC No. Published Items Response
Second Report - Parliamentary Scrutiny of International Agreemen… HC 204 29 Jan 2024 32 Responded
Recommendations & Conclusions
5 results
Clear
4 Conclusion Accepted
Second Report - Parliamentary Scru…
Clarify in Cabinet Manual that implementing legislation agreement does not signify treaty approval.
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 … Read more
Government Response
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.
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16 Recommendation Accepted
Second Report - Parliamentary Scru…
Retain requirement for explanatory memorandum with treaties under Constitutional Reform Act 2010.
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
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.
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18 Conclusion Accepted
Second Report - Parliamentary Scru…
Devolved legislatures require adequate time to scrutinise treaties impacting their competence.
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 … Read more
Government Response
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.
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25 Conclusion Accepted
Second Report - Parliamentary Scru…
Mandate UK Government to inform devolved governments of relevant NLBIs for central recording.
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 … Read more
Government Response
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.
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30 Conclusion Accepted
Second Report - Parliamentary Scru…
Devolved legislatures' scrutiny of international agreements impacting their competence is crucial.
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 … Read more
Government Response
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.
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Government Response AI assessment · 32 of 11 classified
Accepted 5
Deferred 3
Rejected 24
Total 11 recs + 21 conclusions
Correspondence 1 letter
14 May 2024 From committee Letter to Rt Hon Penny Mordaunt MP, Leader of the House of Commons on the Sifting Committee for International Agreements, dated 14.5.24
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