Constitutional Reform and Governance Bill

I think that the short answer can be found in clause 28(2), which states that""'treaty' does not include a regulation, rule, measure, decision or similar instrument made under a treaty"." It is accepted that that needs to be more explicit. That is where the problem lies and clarification is needed. I do not depart from the point that my right hon. and learned Friend is making. At the moment, the clause refers to a written agreement, but the memorandum of understanding is not necessarily an agreement. We will need further clarification on that. The commentators whom I have had the opportunity to read are clearly of the opinion that what is referred to in the Bill, including clause 28, does not go far enough. Furthermore—I make this point yet again—the reference to ratification does not appear early enough in the process. My right hon. and learned Friend is right to ask the question that he did but, as with so much of the debate, we will need greater clarification. That is why I will find it difficult simply to agree with the amendment put forward by the hon. Member for Cambridge. Treaties do not come out of thin air, but they sometimes go up in a puff of smoke. That is the problem that we have to be careful about. If the Government really want to include the right kind of arrangements between states, they will have to clarify the provisions. I would be interested to hear from the Minister why the provisions are not sufficiently comprehensive—he may argue that they are sufficiently comprehensive, but it is quite clear that all the distinguished commentators and jurists whose works I have been reading do not believe that to be the case. I would like to hear what the Minister has to say about that.