Parliamentary Scrutiny Sample Clauses

Parliamentary Scrutiny. In the past amendments to the MDA have attracted considerable criticism from disarmament advocates, both in terms of the perceived violation of the Non-Proliferation Treaty (NPT) that it represents (see below), and in the lack of parliamentary scrutiny afforded to it. In the UK, treaties are ratified by the government, acting under the Royal Prerogative. This is because under international law it is the government that is bound by treaties.

Parliamentary Scrutiny. In the past amendments to the MDA have attracted considerable criticism from disarmament advocates, both in terms of the perceived violation of the Non-Proliferation Treaty (NPT) that it represents (see below), and in the lack of parliamentary scrutiny afforded to it. In the UK, treaties are ratified by the government, acting under the Royal Prerogative. This is because under international law it is the government that is bound by treaties. Prior to the 2010 Constitutional Reform and Governance Xxx 0000 Parliament had no formal role in the ratification of treaties in the UK.19 The last amendment to the MDA in 2004 was approved under these previous arrangements and as such there was no government debate on the treaty prior to its ratification.20 Under Section 20 of the Constitutional Reform and Governance Xxx 0000 the government now has a general statutory requirement to publish a treaty that is subject to ratification or its equivalent, and lay it before Parliament for 21 sitting days.21 During the 21 sitting days, both Houses have the opportunity to pass a resolution that the treaty should not be ratified. If neither does so, the government can go ahead and ratify the treaty. If either the Commons or the Lords votes against ratification, the government cannot immediately ratify the treaty, but must instead lay a statement giving the reasons why it wants to proceed with ratification. If the Commons has voted against ratification, laying this statement triggers a further 21 sitting day period before ratification. The Commons can then vote against ratification during this subsequent 21 sitting days, in which case the government can lay its statement again – and the process can be repeated, potentially blocking a treaty indefinitely. If the House of Lords votes against ratification, but the Commons do not, then a ministerial statement must be laid before Parliament explaining why the treaty should nevertheless be ratified, but the additional 21 sitting day periods are not triggered. The Lords therefore does not have the power to block ratification on its own. However, there is no statutory requirement for the Government to hold a debate or vote, and Parliament cannot amend treaties. The forthcoming amendment to the MDA will be subject to this new procedure for the ratification of treaties.