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# System prepended metadata

title: Treaty Obligations Bill

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# Treaty Obligations Bill
#### A
### B I L L
#### TO

**Make provision for the enforcement of treaties to which the United Kingdom is party; to enshrine those treaties in primary legislation; and for connected purposes.**

*BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: —*

**1 Applicable treaties**

(1) In this Act, “treaty” means a written agreement: —  
(a) between States or between States and international organisations; and  
(b) binding under international law.

(2) But “treaty” does not include a regulation, rule, measure, decision or similar instrument made under a treaty (other than one that amends or replaces the treaty (in whole or in part)).

(3) In this Act, “treaty” is not to refer to: —  
(a) Any Convention rights as defined under the Human Rights Act 1998; or  
(b) Any treaty concluded (under authority given by the government of the United Kingdom) by the government of a British Overseas Territory, of any of the Channel Islands, or the Isle of Man.

(4) In this Act, “treaty” is construed as referring to the treaty as ratified subject to the reservations submitted to the depository of the treaty by the government of the United Kingdom.

**2 Rights, obligations, etc conferred by treaties**

(1) In this Act, a “treaty right” means any right conferred to a citizen of the United Kingdom by any treaty.

(2) In this Act, a “treaty obligation” means any obligation or constraint conferred to the government of the United Kingdom by any treaty.

(3) In this Act, a “treaty power” means any power or ability conferred to the government of the United Kingdom by any treaty.

**3 Interpretation of legislation**

(1) So far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with treaty rights, treaty obligations, and treaty powers.

(2) This section—  
(a) applies to primary legislation and subordinate legislation whenever enacted;  
(b) does not affect the validity, continuing operation or enforcement of any incompatible primary legislation; and  
(c) does not affect the validity, continuing operation or enforcement of any incompatible subordinate legislation if (disregarding any possibility of revocation) primary legislation prevents removal of the incompatibility.

**4 Revocation of subordinate legislation**

(1) Should a court determine that any subordinate legislation is in conflict with any treaty right, treaty obligation, or treaty power, the court may issue a declaration of incompatibility.

(2) Such a declaration of incompatibility must prescribe: —  
(a) What part(s) of the subordinate legislation conflict with a treaty right, treaty obligation, or treaty power; and  
(b) What treaty right, treaty obligation, or treaty power those part(s) conflict with.

(3) Upon the issuance of a declaration of incompatibility of subordinate legislation, the part(s) of the subordinate legislation prescribed by the declaration of incompatibility, and no other, cease to have force.

(4) Section 4(3) does not apply if: —  
(a) The decision in which the declaration of incompatibility was issued is appealed, where said appeal has not yet been completed; or  
(b) The court orders the relevant part(s) to remain in effect.

**5 Incompatibility of primary legislation**

(1) Should a court determine that any primary legislation is in conflict with any treaty right, treaty obligation, or treaty power, the court may issue a declaration of incompatibility.

(2) Such a declaration of incompatibility must prescribe: —  
(a) What part(s) of the primary legislation conflict with a treaty right, treaty obligation, or treaty power; and  
(b) What treaty right, treaty obligation, or treaty power those part(s) conflict with.

(3) An issuance of a declaration of incompatibility does not have any effect on the force of primary legislation.

(4) Upon the issuance of a declaration of incompatibility of primary legislation, within 21 days, there must be a motion moved “that this House concurs with the declaration of incompatibility of X made by Y”, where: —  
(a) X is the primary legislation in question; and  
(b) Y is the court that issued the declaration of incompatibility.

(5) A motion moved under section 5(4) is to be moved: —  
(a) In the House of Commons and the House of Lords by a Minister of the Crown, if the primary legislation was an Act of Parliament of the United Kingdom;  
(b) In the Scottish Parliament by a Scottish Minister, if the primary legislation was an Act of the Scottish Parliament;  
(c) In the Welsh Parliament by a Welsh Minister, if the primary legislation was an Act of the Welsh Parliament; or  
(d) In the Northern Ireland Assembly by a member of the Northern Ireland Executive, if the primary legislation was an Act of the Northern Ireland Assembly.

(6) Section 5(4) does not apply if the decision in which the declaration of incompatibility was issued is appealed, where said appeal has not yet been completed.

(7) Should the motion moved under section 5(4) be passed by all Houses in which it is moved, the part(s) of the primary legislation prescribed by the declaration of incompatibility cease to have force.

**6 Short title, commencement, and extent**

(1) This Act may be cited as the Treaty Obligations Act 2020.

(2) This Act comes into force three months after receiving Royal Assent.

(3) This Act extends to the United Kingdom.

***

**This bill was written by the Rt Hon. [The Baroness Braintree](/u/lily-irl) LG GBE CB PC on behalf of Her Majesty’s Most Loyal Opposition.**

Section 3 of this bill is taken from section 3 of the Human Rights Act 1998.

***

### Opening Speech

My Lords,

It is my pleasure to introduce this bill to this noble House. The United Kingdom, simply put, has an obligation to uphold any international agreements to which it is party. The issue is that those agreements do not have any legal force until so implemented by an Act of Parliament.

The problem that this bill seeks to remedy is a simple one: with the sole exception of the European Convention on Human Rights, as provided for by the Human Rights Act 1998, there is simply no requirement for domestic law to comply with or even be interpreted in accordance to the treaties that the UK signs.

Section 3 of this bill, modeled after its counterpart in the Human Rights Act 1998, creates a requirement for the interpretation of primary and secondary legislation in accordance with the treaties to which the UK is party. I believe this should be a fairly uncontroversial section, as if the Parliament of the United Kingdom has expressed its consent to be bound by the obligations set out by treaties, UK law should be interpreted accordingly.

Section 4 of this bill allows for courts to issue Declarations of Incompatibility for subordinate legislation. This section is modeled after the Human Rights Act but differs in two significant ways: first, it makes provision for all treaties, not just the ECHR; and secondly, it allows for courts to quash the conflicting sections.

Section 5 of this bill similarly allows for courts to issue Declarations of Incompatibility. This section is also modeled after the Human Rights Act, but again with all treaties, not just the ECHR. It also allows for the conflicting section(s) to cease to have force if a motion is passed by the Parliament that made the conflicting law to that effect. This is a compromise between the fundamental principle of Parliamentary Sovereignty and allowing legislation that conflicts with treaties to cease to have force in a timely manner.

My lords, I am proud of the work that has gone into this bill and I hope that this noble House will work together in a multipartisan spirit to allow the UK's domestic legislation to operate in a manner consistent with its obligations under international law. Thank you.