L
DSR 11C
DRAFT SPEAKING NOTE
The authority to ratify, accept, approve or accede
to a treaty is vested in the Crown as part of the Royal
It is exercised on behalf of the Crown
Prerogative.
However, in
by the Foreign and Commonwealth Secretary.
order that Parliament may be afforded the opportunity of
debate, it is long established practice under what is known
as the 'Ponsonby Rule' for the Government to lay before
both Houses of Parliament the text of all treaties which
require ratification, acceptance, approval or accession,
for at least 21 sitting-days before ratification, acceptance,
approval or accession takes place. Failure to comply with
the full requirements of the 'Ponsonby Rule' would
certainly expose the Government to severe Parliamentary
criticism. The normal method of complying with this rule is
to present the text of the agreement to Parliament after
signature but before ratification.
However quite apart from the Ponsonby rule, there is
exceptionally a political need for Parliament to be
consulted even before signature, in the case of very
important treaties. For this reason the outcome of the
negotiations on British accession to the European
Communities was debated in Parliament in [
before signature in December 1972.
] 1972
A 'Sitting-day' excludes Saturdays and Sundays, and
any period when the House is in Recess (eg Summer recess
from about the beginning of August to probably the third
week of October) or prorogued (between Sessions, usually
3-4 days in early November). This means that although
/the