Oral Answers to Questions

Geraint Davies Excerpts

Thursday 5th November 2020 Commons Chamber

[The Solicitor General]

I thank my hon. Friend for her work with the Holocaust Educational Trust and on tackling antisemitism. I visited the CPS East of England yesterday, and heard about its great work on tackling hate crime. The CPS works closely around the country with members of the community, to ensure that the approach to hate crime prosecutions is sensitive and provides sufficient support to victims. For example, the CPS recently met key groups that represent the Jewish community, including the Community Security Trust, to discuss work on antisemitism. It also recently delivered a webinar on its approach to hate crime to an audience invited by the Chinese Welfare Trust and the Covid-19 anti-racism group, both of which support the Chinese and south-east Asian communities.

[Geraint Davies (Swansea West) (Lab/Co-op)]

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

[The Attorney General (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. The principle of discharging our treaty obligations in good faith is, and will remain, the key principle in forming the UK’s approach to international relations.

[Geraint Davies [V]]

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?

[The Attorney General]

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. It is entirely proper and constitutional, and in line with the principle of parliamentary sovereignty, that the Queen in Parliament may legislate in a manner inconsistent with international law. That is an age-old principle underpinning our constitution.