UK Parliament / Open data

Trade Bill

Proceeding contribution from Lord Lansley (Conservative) in the House of Lords on Thursday, 8 October 2020. It occurred during Debate on bills and Committee proceeding on Trade Bill.

My Lords, I am very grateful to the Minister but I would like to add one point that arises from what my noble friend Lady Noakes said. It is important that we recognise precisely how the CRaG process works. The Government do not require a positive Motion from the House of Commons to ratify a treaty. However, if the House of Commons has voted that a treaty not be ratified, the Government cannot then proceed to ratify it. The Government can ask the question again as many times as they like, but they cannot ratify it if the Commons has said that they should not. That is why it is such an important issue that, if the House of Commons has received a report from a relevant committee saying that it should consider such a treaty, in my view that debate has to take place before ratification can happen. Legally, however, the Government can use their power to control the timetable and avoid a debate, the period of 21 days can expire, and the Government can ratify. That is the legal position. If the Government have a requirement of urgency, under Section 22 of the CRaG the Government can lay a Statement saying, “This treaty must be ratified”, but that must be apparent right at the outset and not become something to which the Government resort because they wish to avoid a critical Motion in the House of Commons.

We will have to come back to this on Report—we will have to—because there is a risk. It is a small risk, and not something that the Government have been guilty of, but as Angus MacNeil, the Chair of the International Trade Committee in the other place, said a couple of years ago, one has to look at this legislation on the basis, perhaps, that—he said it a couple of years ago—Jeremy Corbyn were Prime Minister. Would we want him to have this power? Therefore, let us just make sure that we think about this, and I invite the Minister also to think about it in the intervening period.

Type
Proceeding contribution
Reference
806 cc261-4GC 
Session
2019-21
Chamber / Committee
House of Lords Grand Committee
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