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Written question asked by Baroness Finn (Conservative) on Monday, 20 April 2026, in the House of Lords. It was due for an answer on Tuesday, 5 May 2026. It was answered by Baroness Chapman of Darlington (Labour) on Tuesday, 28 April 2026 on behalf of the Foreign, Commonwealth and Development Office.


Treaties: Parliamentary Scrutiny

Question

To ask His Majesty's Government, further to the Written Answer by Baroness Chapman of Darlington on 17 March (HL15165), whether the Ponsonby Rule applies to memorandums of understanding they sign with (1) foreign governments, (2) local, regional or state-level government tiers of foreign countries, and (3) supranational organisations; what their definition of a treaty is in this context; and what their policy is on disclosing to Parliament international agreements with foreign bodies that do not have the status of a treaty.

Answer

The Ponsonby Rule, which was put onto a statutory footing by the Constitutional Reform and Governance Act 2010, did not apply to Memoranda of Understanding. The Government uses the definition of a treaty set out in the Vienna Convention on the Law of Treaties, which is consistent with the definition used in the Constitutional Reform and Governance Act 2010. Memoranda of Understanding and other non-legally binding instruments are treated like other expressions of Government policy. Where they raise questions of public importance, it may be necessary to bring them to the attention of Parliament. There will be occasions where the sensitivity of content or the wishes of other signatories (for example, on defence matters) means that such arrangements must be kept confidential.


Secondary information

Type
Written question
Reference
HL16533
Session
2024-26
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Subjects
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Link
View this Written question on www.parliament.uk