Recommendation 3

The UK is a dualist state, meaning that, in order for obligations entered into through treaties to have effect in UK law, domestic implementation is required. This is an important feature of the UK’s constitutional system, ensuring that any changes to domestic law needed to implement treaties must be considered by Parliament. While treaties bind the UK as a matter of international law, they do not automatically have effect as a matter of domestic law. Often, provisions do not require new primary legislation to have effect in domestic law; delegated powers to make secondary legislation may be used, or only parts of agreements are presented to Parliament to consider as the remaining obligations can be met without legislating. Furthermore, the current process tends towards presenting Parliament with a treaty whose terms have already been finalised, leaving it with no meaningful scope to amend or even influence the terms of the treaty.