Lord Palmer – 2016 Parliamentary Question to the Department of Health

The below Parliamentary question was asked by Lord Palmer on 2016-01-28.

To ask Her Majesty’s Government, further to the Written Answer by Lord Prior of Brampton on 8 December 2015 (HL3862), what legal basis the World Health Organization’s treaties have in English law.

Lord Prior of Brampton

Where the United Kingdom is party to a treaty which is in force, the United Kingdom government must comply, as a matter of international law, with its obligations under the treaty in good faith. This is required by the Vienna Convention on the Law of Treaties.

Where a particular obligation under a treaty has not been implemented in domestic legislation it does not directly form part of English law and the English courts do not have jurisdiction to apply it. However, there is also a strong presumption in the common law that all domestic legislation will, where possible, be interpreted so as to ensure that the United Kingdom is acting compatibly with its treaty obligations.