MINISTRY OF JUSTICE
News Release (132-07) issued by The Government News Network on 25
October 2007
A consultation on
how Parliament should play a stronger role in approving decisions
to deploy the Armed Forces into conflict abroad and on the
ratification of treaties was published today.
The Government can currently exercise the prerogative power to
deploy the Armed Forces without requiring formal Parliamentary
agreement. The consultation paper War Powers & Treaties:
Limiting Executive Powers asks for views on how to seek the
approval of Parliament when deploying the Armed Forces. It also
asks whether this would be best achieved through a new
Parliamentary convention or through a mixture of legislation and
convention. On treaties, it proposes to put on to a statutory
footing Parliament's right to ratify new international agreements.
Jack Straw, Lord Chancellor and Secretary of State for Justice, said:
"One of the main themes of our proposed constitutional
changes was that we should examine whether a range of powers
exercised by the executive should be limited.
"The deployment of the Armed Forces abroad and how
Parliament scrutinise treaties are two issues which are central
to strengthening the role of Parliament."
Des Browne, Secretary of State for Defence, said:
"There are few greater responsibilities for a nation than to
commit its troops to war. It's right that our service
personnel know they have the backing of the country when they go
to war. This consultation will look at strengthening the role
Parliament plays in deploying forces - where it is practical to do so."
The Foreign Secretary, David Miliband, said:
"This is an important step in the Prime Minister's
commitment to consult on Prerogative Powers. The agreements we
make with other countries have an important impact on all our
lives. When we go on holiday abroad for example, we can obtain
visas, use airports and use medical insurance because there are
treaties to make it all work. UK trade is based on treaties, and
if you want to work abroad there are treaties that lay out the rules.
"So it is right that we ask how we can best ensure that our
representatives in Parliament have a guaranteed, formal role in
scrutinising treaties. This would be a real step forward for the
renewal of our democracy, and we look forward to an active public
discussion of the issues."
The Government seeks to strengthen Parliament by making it a
statutory requirement that treaties are laid in both the House of
Commons and the Lords before ratification. The consultation paper
asks how MPs and peers should be able to trigger a debate, and
what the effect of any vote should be.
The consultation, jointly published by the Ministry of Justice,
Foreign and Commonwealth Office and Ministry of Defence, follows
the Governance of Britain green paper set out by the Prime
Minister in July.
Notes to Editors
1. The Governance of Britain Green Paper was published on 3 July
2007. A copy can be found at http://www.official-documents.gov.uk/document/cm71/7170/7170.asp
2. The consultation War Powers & Treaties: Limiting Executive
Powers will close on 18/01/08 and can be found at: http://www.justice.gov.uk/publications/cp2607.htm
3. By allowing Parliament to vote before UK troops are committed
to military action the Government would be making itself more
clearly subject to scrutiny by the legislature. The Green Paper
makes clear, however, that a sensible balance will need to be
struck to ensure the Government's ability to take swift
action to protect national security is not affected, operational
secrecy undermined or effectiveness or morale of the troops prejudiced.
4. The ratification of treaties is subject to a 1924 convention
(known as the Ponsonby Rule). This is a non-binding constraint on
the Government's powers which "Governance of
Britain" proposes to place on to a statutory footing.
5. Two other consultation papers have been published on proposals
in the green paper - on the role of the Attorney General, on
proposals to allow government buildings to fly the flag
continually. They close on 30/11/07 and the 9/11/07 respectively
and can be found at: http://www.official-documents.gov.uk/document/cm71/7192/7192.asp
and http://www.culture.gov.uk/Reference_library/Consultations/2007_current_consultations/flag_flying.htm
6. Two other consultation papers were published today - on the
future role of the Government in judicial appointments and on
protests in Parliament Square. They close on 18/01/08 and can be
found at: http://www.justice.gov.uk/publications/cp2507.htm
and http://www.homeoffice.gov.uk/about-us/haveyoursay/
ENDS