Explanatory Memoranda

See: Application of the Ponsonby Rule – Ponsonby Rule (United Kingdom)

Following an undertaking by Ministers on 16 December 1996 [H.C. Deb. (1996) 287, WA
94302; H.L. Deb. (1996) 576, WA 101], all Treaties signed after 1 January 1997 and laid
before Parliament under the Ponsonby Rule are now accompanied by an Explanatory
Memorandum (EM). It contains a description of the subject matter of the treaty and an
account of the reasons why it is proposed that the United Kingdom should become a
party to the treaty. It further highlights the benefits for the United Kingdom from
participation in the treaty as well as any burdens which would result. Guidelines on
Explanatory Memoranda for Treaties are published on the Treaties page of the FCO web
site at https://www.fco.gov.uk/directory/treaty.asp.

The FCO sends two copies of a Command Paper with its accompanying EM to the Clerk
in Charge, Votes and Proceedings Office at the House of Commons for laying. A further
copy of the Command Paper and 25 copies of its accompanying EM are sent to the Vote
Office at the House of Commons for distribution to Members. Arrangements for the
House of Lords are as follows: Two copies of a Command Paper and its accompanying
EM are sent to the Clerk of the Parliaments at the House of Lords. One set is stamped
for the attention of the ‘Printed Paper Office’, which also receives 2 copies of the EM
direct for distribution to Members. In addition, EMs are published on the Treaties page of
the FCO web site.

In its Response of 31 October 2000 to the House of Commons Procedure Committee’s
Second Report of Session 1999-2000, Parliamentary Scrutiny of Treaties (HC 210), the
Government stated that: “The FCO will ensure that a copy of each Command Paper and
accompanying Explanatory Memorandum (EM) for treaties laid before Parliament under
the Ponsonby Rule is sent to what the FCO judges to be the relevant departmental
select committee. It would then be for the lead committee to decide whether the
Command Paper and EM might be more relevant to another committee or relevant to
more than one committee and to pass it on accordingly.”This practice was implemented
at the start of November 2000.

Author: international

Mentioned in these Entries

Application of the Ponsonby Rule, Cartagena Protocol on Biosafety to the Convention on Biological Diversity, Ponsonby Rule (United Kingdom), Treaties.