New Clause 8 - Amendments of the ICC Statute
International Criminal Court Bill [Lords]
11:00 am
Professor Ross Cranston (Solicitor General, Law Officers' Department; Dudley North, Labour)
That leads to the second major point about the approach to treaties. The right hon. Member for Caithness, Sutherland and Easter Ross was correct when he said that the hon. Member for Reigate was trying to overturn our constitutional provisions—I suspect by a little breeze, rather than by a side wind. The point is that the Executive have a long-standing role in negotiating treaties, which includes negotiating amendments to treaties. Inasmuch as amendments to treaties do not require legislation, procedures exist, such as the Ponsonby rule, which have been the subject of discussion. The hon. Member for Aldershot (Mr. Howarth) also referred to the Government's response to the report by the Procedure Committee. I reiterate that we remain open to considering ways of contributing to the efficient and effective scrutiny of treaties by Parliament. That is an argument for another day, rather than one in relation to the Bill.
To summarise, major changes concerning new crimes and the warrant-surrender procedure would require us to return to those matters. There is still a possibility for Parliament to examine other changes and express its views. Perhaps parliamentary procedure rules need to be changed; that is matter to which we are alive and are happy to consider, but in a different context.