Scrutinising treaties
What parliament should do so that ministers are held to account
The role of parliament is to hold ministers to account while the aim of ministers is to take decisions without undue interference by MPs and peers. Nowhere are the cards more stacked against parliament than in the conduct of foreign affairs, where prerogative powers allow ministers to make treaties without the need for legislation.
A committee of peers has begun hearing evidence on how to redress the balance. Alexander Horne, a former parliamentary adviser, has drafted a private member’s bill that he hopes a peer or MP will try to get through parliament.
To see why the current process of treaty scrutiny in parliament is no longer regarded as fit for purpose, read my latest column for the Law Society Gazette.
With no disrespect whatsoever to non-lawyer Parliamentarians, I think it may require the commitment to this issue of an independent minded and “heavyweight” lawyer to take up the draft Bill “on offer”. My remaining patience with our current government is further tested by the dismissive nature with which it is so far attempted to waft away genuine concerns over appropriate and adequate scrutiny. It would be singularly bad constitutionally and in truth for this administration for it to be allowed to get away with such a desultory and unprofessional fobbing off of such serious representations. I very much imagine that the official handed this particular “hospital pass” will be in for a courteous though testing time.