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Publication of Treaties - introductory note
It is the constitutional practice of the UK to lay all treaties which the UK has signed subject to ratification (or its equivalent), or to which it intends to become party by accession, before both Houses of Parliament. Mixed agreements, entered into by the European Union (EU), are also laid in this way.
To give Parliament the opportunity to consider the matter, the text of any treaty requiring either the mutual notification of completion of procedures, ratification, acceptance, approval or accession must be laid before Parliament for at least 21 sitting days before any of these actions can take place. Where amendments are made to a multilateral treaty which although not subject to ratification do require legislation, these must also be laid. This procedure is known as the Ponsonby Rule. Since January 1997, treaties subject to the Ponsonby Rule are laid before Parliament with an Explanatory Memorandum (see links below).
Laying before Parliament is in the form of a Command Paper, which is published in one of three FCO series:
To give Parliament the opportunity to consider the matter, the text of any treaty requiring either the mutual notification of completion of procedures, ratification, acceptance, approval or accession must be laid before Parliament for at least 21 sitting days before any of these actions can take place. Where amendments are made to a multilateral treaty which although not subject to ratification do require legislation, these must also be laid. This procedure is known as the Ponsonby Rule. Since January 1997, treaties subject to the Ponsonby Rule are laid before Parliament with an Explanatory Memorandum (see links below).
Laying before Parliament is in the form of a Command Paper, which is published in one of three FCO series:
- Country Series – for bilateral treaties
- Miscellaneous Series – for multilateral treaties
- European Community Series – for treaties between Member States or between one of the Communities, with the MemberStates, and a non-MemberState or group of States.
Since November 2000, when a Command Paper is laid under the Ponsonby Rule it is also sent, with its accompanying Explanatory Memorandum, to the relevant Department Select Committee in the House of Commons.
When a treaty enters into force for the UK (whether this is on signature or following ratification, accession etc), it is published again in the Treaty Series of Command Papers, and laid before Parliament. The earlier Command Paper is removed from the internet and the Explanatory Memorandum is then linked to the Treaty Series document.
Any subsequent changes to the status of treaties involving the UK are published quarterly in the Supplementary List.
When a treaty enters into force for the UK (whether this is on signature or following ratification, accession etc), it is published again in the Treaty Series of Command Papers, and laid before Parliament. The earlier Command Paper is removed from the internet and the Explanatory Memorandum is then linked to the Treaty Series document.
Any subsequent changes to the status of treaties involving the UK are published quarterly in the Supplementary List.
Links to published treaty texts:
Treaty Command Papers presented to Parliament - January 1997 onwards
Explanatory Memoranda presented to Parliament from 1997
Explanatory Memoranda presented to Parliament from 1997
