Explanatory Notes

Constitutional Reform and Governance Act 2010

2010 CHAPTER 25

8th April 2010

Commentary on Sections

Part 2: Ratification of treaties

Section 22: Section 20 not to apply in exceptional cases

141.Subsection (1) provides that the procedure under section 20 does not apply if a Minister of the Crown is of the view that, exceptionally, a treaty should be ratified without the conditions of that section having been met.

142.Subsection (2) provides that subsection (1) may not be invoked where either House has resolved against ratification in accordance with section 20(1)(c).

143.Subsection (3) provides that if, exceptionally, the treaty is to be, or has been, ratified without following the procedure in section 20, the Minister of the Crown must either before, or as soon as practicable after, the treaty is ratified, lay before Parliament a copy of the treaty and a statement indicating why the Minister takes the view that the conditions in section 20 should not apply. The Minister of the Crown must also arrange for the treaty to be published in a way that he or she thinks appropriate.