Preventing and Combating Violence Against Women and Domestic Violence (Ratification of Convention) Bill

Mike Weir Excerpts

Report stage: House of Commons
Friday 24th February 2017 Commons Chamber

[Philip Davies]

I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

[Mike Weir (Angus) (SNP)]

On a point of order, Mr Speaker. I beg to move that the Question be now put.

[Mr Speaker]

There is not a Question before us to be put, because new clause 6 has been withdrawn, and therefore the correct procedure now is for me to move on to Government amendment 1.

Clause 1

Ratification of the Istanbul Convention on violence against women

Amendment proposed: 1, page 1, line 1, leave out clause 1.—(Sarah Newton.)

This amendment leaves out clause 1.

Question put, That the amendment be made.

--- Later in debate ---

[Mr Nuttall]

I am grateful to my hon. Friend for that intervention, because he raises an interesting point. Many supporters of the Bill will, like him, look at what has happened this morning and at the changes that have been made and think, “What is the purpose of this Bill?” Even people who, like him, were sympathetic towards it could now look at it and think, “Actually, there’s no real purpose to the Bill anymore.” I hope my hon. Friend has been persuaded that any measures he may have in mind to reduce domestic violence against women and men could be taken regardless of whether the Bill goes through; it is merely virtue signalling—we are merely sending a message. The Bill does nothing of itself to reduce violence against women and girls or men and boys.

Understandably, the Government say they cannot ratify the treaty until they know they are compliant in every respect, although, of course, lots of other countries have managed to ratify it, and as we heard earlier, a lot of them have done so by making reservations.

I have worked through the text of the Bill, but I want now to touch on another reason why the Bill is not necessary. A procedure already exists in law to govern the way this House ratifies international treaties. The Constitutional Reform and Governance Act 2010 was passed by the coalition Government in 2010 and came into force on 11 November 2010. It gave this House and Parliament a new statutory role in the ratification of treaties. It did not go as far as giving Parliament the power to amend a treaty, and nor does this Bill give it the power to change anything about the Istanbul convention. However, part 2 of the Act did set out a very clear procedure, and I submit that that is one we now need to follow.

There is a general statutory requirement to publish a treaty that is subject to ratification or its equivalent. The Government must lay the treaty before Parliament for 21 sitting days. That provision put into statute what was previously known as the Ponsonby rule, which was named after Arthur Ponsonby, the Parliamentary Under-Secretary of State for Foreign Affairs in 1924, during the debate on the treaty of Lausanne, a peace treaty with Turkey. The 2010 Act allows both Houses the opportunity to pass a resolution that a treaty should not be ratified during the 21 sitting days. If neither House does so, the Government are then able to proceed and ratify the treaty. If either this House or the other place votes against ratification, the Government cannot immediately ratify the treaty. Instead, the Government must lay a statement to explain why they wish to proceed with the ratification process.

[Mike Weir]

claimed to move the closure (Standing Order No. 36).

Question put forthwith, That the Question be now put.