Commons Sense

House of Commons · Ministers' Questions

International Law: Government Compliance

Thursday 5 November 2020 · 2 questions

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Answered 0 Partly answered 1 Not answered 0

Key points

  • Geraint Davies questioned the effectiveness of the Department in ensuring Government legislation complies with international law.
  • Geraint Davies stated that the United Kingdom Internal Market Bill and the Covert Human Intelligence Sources (Criminal Conduct) Bill break international law.
  • The Minister responded that the UK constitution does not require blind and automatic adherence to international law.

Topics (select to filter)

Questions & Answers

Q1 Geraint Davies Lab
Standards & Ethics
Context

The question arises from concerns about the government's legislative practices and their alignment with international legal standards.

Question

What assessment she has made of the effectiveness of her Department in ensuring Government legislation complies with international law?

Answer from Suella Braverman

I work frequently with Departments on legislation, including on issues that relate to compliance with international law. The UK is committed to the rules-based international system. We were the architects of the post-war international legal order, including the UN Charter, NATO, and the European convention on human rights—a history of which I am very proud.

Partly answered

Not addressed: The specific effectiveness of her department in ensuring legislation complies with international law was not addressed.

How: Fundamental Principle Underlying Our Constitution, Domestic Law Is On A Different Plane To International Law

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Q2 Geraint Davies Lab
Brexit Democracy & Elections Standards & Ethics
Context

The question arises from concerns about specific bills that are seen as contravening international law and the role of the Attorney General in upholding legal standards.

Question

The United Kingdom Internal Market Bill breaks international law by reneging on the EU withdrawal agreement. The Covert Human Intelligence Sources (Criminal Conduct) Bill contravenes the right to life and the prohibition of torture under international conventions. The Overseas Operations (Service Personnel and Veterans) Bill means the UK will be unable to prosecute war crimes after five years, so we will end up at the International Criminal Court in The Hague. The Attorney General's job is to ensure that we deliver the rule of law nationally and internationally. She has failed in her duty. Will she now resign?

Answer from Suella Braverman

The hon. Gentleman raises some interesting points, but it seems that he has missed the fundamental principle underlying our constitution and the UK's relationship with international law. It is not right to say that our constitution requires a blind and automatic adherence to international law. Domestic law is on a different plane to international law.

Not addressed: The question about resignation was entirely avoided, focusing instead on the principles of domestic versus international law.

How: Fundamental Principle Underlying Our Constitution, Domestic Law Is On A Different Plane To International Law

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