Member

The amendment seeks to place duties on the Defence Secretary that more properly sit with the Government as a whole, rather than just with the Defence Secretary. It would also create statutory duties that displace the defence prerogative and would inhibit the Government’s freedom of manoeuvre and ability to take strategic decisions over the lifetime of the treaty. Proposed new subsection (3) in the noble Baroness’s amendment is not required as Article 14 of the treaty already sets out the dispute settlement mechanism for the treaty, including the role of the joint commission. It is unnecessary, therefore, for a request to be made to establish one.