HL Deb 01 November 1995 vol 566 cc159-60WA
Lord Lester of Herne Hill

asked Her Majesty's Government:

Whether they consider that it is a constitutional convention, contained in the so-called "Ponsonby Rule", that the Government do not proceed to the ratification of a treaty until the treaty has lain on the table of each House of Parliament for a period of 21 sitting days, and that, in the case of important treaties, the Government submit them to each House for discussion within this period.

Baroness Chalker of Wallasey

It has been the practice of successive Governments for the past hundred years to lay before Parliament, in the Treaty Series of Command papers, all treaties entered into by the United Kingdom, but only after their entry into force. Since 1924, it has also been the practice (known as the "Ponsonby Rule") to lay before Parliament, before entry into force, those treaties which have been signed subject to ratification. The treaty lies on the table in the normal case for a period of 21 sitting days, after which it is ratified and published again in the Treaty Series once it has entered into force. The Ponsonby Rule, which applies as indicated only to treaties which are subject to ratification (or its equivalent), has been understood as allowing for exceptions from its operation in special cases, when other means of consulting or informing Parliament may be employed in its stead.

The above practices are not understood as precluding the Government, in appropriate cases, from proceeding to ratification (or its equivalent) without laying for 21 days or from concluding treaties which enter into force on signature.

The practice is more fully described in an affidavit sworn for the purposes of the proceedings in R v. Secretary of State for Foreign and Commonwealth Affairs, ex p. Rees-Mogg. I am arranging for a copy to be placed in the Libraries of the House.

Lord Lester of Herne Hill

asked Her Majesty's Government:

Whether there have been departures, during the past 15 years, from the so-called "Ponsonby Rule"; and, if so, whether they will list those departures, and the reasons for them.

Baroness Chalker of Wallasey

The information requested is not held centrally and could only be provided at disproportionate cost. However, departures from the Ponsonby Rule are in practice rare.