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Parliamentary scrutiny of treaties: Lords to question former Australian minister and former FCO adviser


The House of Lords Constitution Committee will hear from Alexander Downer, former Australian Minister for Foreign Affairs and High Commissioner to the UK, and Sir Franklin Berman, KCMG, QC, former legal adviser to the Foreign and Commonwealth Office on Wednesday 5 December as part of its inquiry on Parliamentary Scrutiny of Treaties. 

The inquiry has been launched to look at Parliament's current limited system of treaty scrutiny. The Committee will examine Parliament's role to ensure that it is sufficiently robust to deal with potentially many more treaties after the UK leaves the EU. 

Speaking to the Committee at 9:40am will be: 

  • Alexander Downer, former Australian Minister for Foreign Affairs and High Commissioner to the UK

Questions are likely to include: 

  • How effective is the Australian Parliament, and particularly the Joint Standing Committee on Treaties (JSCOT), in its scrutiny of the Australian Government's treaty actions? 
  • What aspects of JSCOT's work are effective? To what extent are JSCOT's recommendations accepted by the Government and do they influence the Government's behaviour?
  • How useful are the inquiries that JSCOT conduct into treaties post-implementation? Is this scrutiny effective?
  • What are the main lessons the UK Parliament should learn from the scrutiny of international agreements by the Australian Parliament?


Speaking to the Committee at 10.20am will be: 

  • Sir Franklin Berman, KCMG, QC, former legal adviser to the Foreign and Commonwealth Office

 He may be asked questions including:

  • Should the ‘meaningful vote' on the Withdrawal Agreement set a precedent for how major treaties should be approved by Parliament in the future?
  • You have suggested that relations between Parliament and Government should develop “to the benefit of both sides”. What benefits do you consider that each side might achieve?
  • What scope, if any, should there be for Parliament to be involved in treaties at the opening of treaty negotiations, and during the process of reaching an agreement?
  • What role should the devolved governments and legislatures have in the treaty process after Brexit?

The session will begin at 9.40am in Committee Room 1

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