Treaty Scrutiny: Working Practices (EUC Report)

Debate between Baroness Goudie and Lord Bates

Monday 7th September 2020 Grand Committee

[The Deputy Chairman of Committees (Lord Bates) (Con)]

I call the next speaker: Baroness Goudie.

[Baroness Goudie (Lab) (V)]

[Inaudible]

[The Deputy Chairman of Committees (Lord Bates) (Con)]

If we cannot reach the noble Baroness, Lady Goudie, we will go to the noble Baroness, Lady Bowles.

[The Deputy Chairman of Committees (Lord Bates) (Con)]

Baroness Bowles, I do apologise. Can we can just pause for a moment while we try to reconnect with the previous speaker?

[Baroness Goudie (Lab) (V)]

Thank you, my Lords, I am so sorry: I forgot to unmute. I welcome the reports of the noble Baroness, Lady Taylor, the noble and learned Lord, Lord Goldsmith, and the noble Earl, Lord Kinnoull, on the setting up of the new committee. I tend to agree with a number of my colleagues that it ought to be partly made up with Members of the House of Commons. Further, we must talk and be involved with the devolved Parliaments. This is very important, particularly in respect to Northern Ireland.

I am a member of the European Union Security and Justice Sub-Committee, where we have been looking at a number of these issues over the last 12 months. I wish to concentrate today on the final recommendation of the committee report Scrutiny of International Agreements, which draws attention to the fact that the CRaG Act applies only to international agreements that are binding under international law. This leaves a scrutiny gap because it excludes scrutiny of both political agreements and agreements with non-state entities. Important examples of political agreements excluded from scrutiny are memoranda of understanding, which are the same as treaties in terms of political commitment.

Paragraph 71 of the report highlights

“Air Services Agreements, which had been treaties between the EU and third countries”

but, as part of the Brexit process, have been converted into memoranda of understanding and not published. Air service agreements are important in facilitating international, commercial air-transport servicing and granting economic bilateral rights. These agreements have been around almost as long as flight itself. This scrutiny gap must be plugged. Proper scrutiny must not be circumvented. The committee’s recommendation is helpful so far as it goes, but it is too weak in asking only for consideration to be given. There are likely to be further examples of EU treaties under third countries being replaced by UK arrangements with those countries.