Constitutional Reform and Governance Bill

Well, some criticism has been made, so let me clarify that; there have been previous debates on this matter. The hon. Member for Stone asked why the procedures do not apply to treaty-like documents, and he referred to memorandums of understanding. Such procedures would apply to such memorandums if they were legally binding in international law, but memorandums of understanding are not legally binding in international law, which is why those procedures do not apply. That is the clear distinction that we are trying to draw here. The hon. Gentleman is right to say that there are some circumstances in which we have to enact certain elements of a treaty before ratification, in order to bring ourselves into line with it. On other occasions we have already substantially legislated in the field, so there is no need for further legislation and the only process left is approval followed by ratification. There are a few instances where ratification happens by virtue of signature, mainly in cases where negotiation is developing fast so that revealing the Government's hand in public—in the UK and therefore to the wider world—would undermine our negotiating stance with another Government. There is, I think, an element of wanting to maintain that distinction. I hope that I have reassured the House that the Commons would always have the right of veto, should it choose to implement it. The Government would always make sure that where a debate and vote were requested, they would be made available within the allotted time—or if they were not, we would extend the time in order to allow that provision.