New Clause 8 - Amendments of the ICC Statute
International Criminal Court Bill [Lords]
10:30 am
Mr Crispin Blunt (Reigate, Conservative)
Equally, however, the Minister did not say that the ICC could not move forward on that basis. I am not trying to imply that the Government have committed themselves to that end: I presume that they are considering all available options for policing problems such as the international drugs trade.
Everyone in the Committee wants the court to develop as an important and significant institution. To do that, it will have to work properly and politically responsibly. If it is to establish itself and become a long-term institution, it must have the ability to change its rules and procedures as it develops over time. Article 121 sets out the procedure for doing that.
Parliament's problem with any treaty is that the Government have the right not only to sign treaties, but to ratify them under the royal prerogative without reference to Parliament. That practice has been limited under the Ponsonby rule to allow Parliament the opportunity to discuss treaties. However, the briefing on the Ponsonby rule in the Library brief that accompanies the Bill makes it clear that:
``The Ponsonby Rule and associated practice are not in any way a derogation from the rule that the treaty-making power comes under the Royal Prerogative, since Parliament is not being asked to approve the treaties which are laid. It is merely being given an opportunity to discuss them, to interrogate the executive over its exercise of its treaty-making power.''
That is the formal position. However, if the Government were defeated on the Bill, I do not imagine that they would ratify the treaty. For example, if the Prime Minister were to go to Her Majesty on Tuesday to seek Dissolution of Parliament and Parliament were dissolved immediately, the Bill would be lost, because there would not be sufficient time for further necessary consideration of it. Whether a Conservative Government are elected or, by some appalling accident, a Labour Government are re-elected, no Government would ratify the treaty until they have put the Bill or one like it through Parliament.
That is the position de facto. However, it does not necessarily apply to amendments to the statute. Those can be made whether or not the United Kingdom is in favour of them—it does not have to be, because if they do not apply to the definition of crimes under articles 5, 6, 7 and 8, such amendments can be approvedby a seven-eighths majority of the states parties. That could lead to the majority of those who are affected by the statute being outvoted by countries representing a minority of those affected.