Source · Select Committees · Public Administration and Constitutional Affairs Committee
Recommendation 3
3
Rejected
Paragraph: 22
Domestic implementation required for treaties to affect UK law, but Parliament's influence is limited.
Conclusion
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.
Government Response Summary
The government partially agreed on Parliament's dual role in treaty scrutiny and implementing legislation, but asserted that the existing framework is appropriate and provides sufficient flexibility, implicitly rejecting the need for changes to Parliament's scope to influence treaty terms.
Paragraph Reference:
22
Government Response
Rejected
HM Government
Rejected
Partially agree. The Government agrees that Parliament has two separate and distinct functions in relation to treaties: first, an opportunity to scrutinise and resolve against ratification of treaties; and second, the scrutiny of any legislation necessary to implement treaties. As a result, any treaty that affects domestic law and requires legislation in order to be implemented, will not enter into force until Parliament has had an opportunity to have its say on its implementation. The Government believes the Cabinet Manual provides appropriate guidance on this. Government Response 3 The Government considers the existing framework for treaty scrutiny appropriate, providing sufficient flexibility to enable Parliament to undertake effective scrutiny prior to ratification of a treaty, while reflecting the position accepted by the Committee that treaty making should remain a prerogative power. The Government notes that Parliament may request a debate on a treaty in addition to any debate on legislation. Requests must be balanced against other demands on parliamentary time. The Government seeks to accommodate where possible a debate during the 21 sitting day period for parliamentary scrutiny under the Constitutional Reform and Governance Act 2010 (CRaG). For example, the Department for Business and Trade has made a specific commitment regarding free trade agreements that should the International Agreements Committee (IAC) or Business and Trade Committee (BTC) produce a report on a new free trade agreement (FTA) after its signature and as part of this request a debate, the Government will seek to facilitate this subject to available parliamentary time. However, debates do not necessarily need to be in Government time. There are options available to both the official opposition and backbenchers in both Houses to secure time for debates.