TNAG-1309-FCO40-1666-Future-of-Hong-Kong-1984 — Page 122

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

1

DRAFT SPEAKING NOTE

DSR 11C

NA

Black you

the Pousoudy. pure, then is folt a

ifer parániment

A

to bo consulted

even before. signature,

in

the case of very important

treaties

By virtue of the Royal Prerogative,

The

the authority to ratify,

accept, approve or accede to a treaty is vested in the brown No fast at the Royal Prerogative, it serviced on behalf of in thrown by the Foreign and Commonwealth Secretary. However, in 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

the Coach

Houses of Parliament by means of a Command Paper 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 coutlying with this rule is to The last of the agreement

Part of th diger

but before atulive lidar

0.

outroring of the negotiations on

me

For this reason the draft treaty of British accession to

default

the European Communities was laid before Parliament in

1972 and fully debated before signature in

[month]

December 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

text co in early November). This means that although the Command-

Paper containing the draft Agreement may be laid during

should be smen by window of

by rundown of with the towerby poule, September when Parliament is in Recess, Parliament/has at

least until the end of November in which to debate it.

It would be politically unacceptable for the Government to

frejused

[sign] the agreement until a debate had taken place in the

House of Commons ever after the expiry of the constitutionally

acceptable period of 21 gitting-days.

/Parliament

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