Commonwealth Parliamentary Association and International Committee of the Red Cross (Status) Bill (Money)
Wednesday 28th February 2024
(9 months, 3 weeks ago)
Commons ChamberRead Full debate Commonwealth Parliamentary Association and International Committee of the Red Cross (Status) Bill 2023-24 Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
I rise to make a few brief comments about this money resolution. Let me begin by thanking all those who work with the Commonwealth Parliamentary Association. I know that I am not the only Member who has benefited from its expertise, experience, networks, contacts and global stature, which are recognised and valued both here in the UK and across the Commonwealth. I have relied on its support on many occasions. I have recently visited Ghana and Canada with the CPA, and I have worked closely with our overseas territories, Crown dependencies and other members of the Commonwealth family. It is crucial that we build those links and strengthen them. At a time of deep global uncertainty, our relation- ships through the Commonwealth, and indeed inter-parliamentary relationships, are crucial.
When it comes to both CPA UK and, as this money resolution applies to, the CPA as a whole, the secretariat, which is hosted here, plays a critical role; and I pay tribute to the former Member of this House, our friend Stephen Twigg, who is the Secretary-General. I also commend the work of the International Committee of the Red Cross, which obviously plays a critical role globally, working tirelessly and meticulously to support civilians working in conflict and war zones around the world, and to uphold key responsibilities in relation to the laws of war and humanitarian law. As we know, the ICRC has played a critical role for many decades.
On the substance of today’s money resolution, the Opposition fully support these moves. As I understand it—perhaps the Minister will correct me—the money resolution does not lead to any substantial expenditure. On the privileges and immunities that will be granted by the Bill, any expenditure will be covered in relation to the work that already goes on around similar international organisations. It is worth referencing that the CPA has experienced significant issues, with concerns being raised about whether it will receive these important privileges and immunities. Questions have been raised, including at recent meetings of the CPA, so it is important that we get on with this as soon as possible, and give it the support it needs in terms of a change of status. Otherwise, there could be a risk, for example, of the CPA secretariat being moved outside the UK, which would be a huge retrograde step.
It is critical that we give the ICRC the specific privileges and immunities that other states grant, so that its confidential and neutral, important work can be carried out. I have heard from both the CPA and the ICRC about these matters, and how important this small but significant change in legislation is to them. Indeed, I have visited the ICRC headquarters in Geneva and listened to important developments about its work in critical zones around the world. As I said, the Opposition fully support these moves. The money resolution is an important next step. We need these changes to the status and operations of these organisations, bringing us in line with other countries and allowing the organisations to do their work. Time is of the essence, so I hope that the Government can move swiftly.
Sir Michael Ellis (Northampton North) (Con)
The motion is about sending taxpayers’ money to the Commonwealth Parliamentary Association, which I fully endorse, and the International Committee of the Red Cross. I will spend a minute or two talking about the ICRC, because all British taxpayers are contributing. The ICRC plays a noble and important role in conflicts around the world. That is indisputable. It would, however, be remiss of me not to reflect on the strong criticism that it has faced in recent months for its abject failure to access the hostages—then, more than 200—who have been cruelly held by Hamas in unimaginable conditions. We should not forget that in 1939 the president of the ICRC approached the German Red Cross to arrange for visitation with Jews deported to Poland, and he was met with a refusal by the Nazi German authorities. From then on in world war two, the ICRC opted for a strategy of no longer addressing the question of Jews directly.
We all know the tragic consequences of that decision, for which the ICRC has—or had—retrospectively apologised, and rightly so. Following that apology, His Majesty’s Government, and other Governments around the world, have supported the International Committee of the Red Cross with British taxpayers’ money, and have done so for years, but today families in the United Kingdom—and there are families in the United Kingdom whose relatives are being held hostage—as well as families from Israel and around the world whose loved ones have been missing now for almost five months, understand the history of the Red Cross as it relates to the Nazis in world war two, for obvious reasons, and it is painful. As a consequence, this most recent failure by the ICRC will never be understood and is likely, I am sorry to say, never to be forgiven.
When questioned about that by the Prime Minister of Israel, the ICRC president, Spoljaric Egger, said that applying pressure to Hamas
“is not going to work”.
As can be imagined, that is inconceivably frustrating for Israel’s leadership and for Jewish people around the world, particularly in this country. Israel’s Foreign Minister at the time, Eli Cohen, said that the Red Cross had no right to exist if it could not reach the hostages, determine their condition and provide them with medical treatment and medications. He added:
“Every day that passes is another failure for the Red Cross.”
Even more shocking was a meeting with hostage families. Someone from the ICRC went to meet hostage families, and the Red Cross responded to pleas to deliver medication to the hostages with reprimands of the hostage families, telling them to think about the Palestinians. Imagine saying to a recent rape victim, “Can you think about others?”
In the circumstances, perhaps it is not surprising that a reported mathematical breakdown of the ICRC’s statements on social media showed that 77% of them solely condemn Israel, while only 7% solely condemn Hamas—an 11 times difference, which surely points to a worrying trend towards political bias in the ICRC. Bearing in mind its second world war history, that is deeply shaming. Criticism of the organisation is mounting across the world, as well as in Israel. Near-weekly rallies have taken place outside the ICRC offices in the United States since 7 October to demand that the Red Cross meets individuals in the Gaza strip.
We are asking His Majesty’s Government for taxpayers’ money to go to the ICRC. We should take the demands about the hostages held by Hamas seriously and urgently, because it is the ICRC’s distinguished reputation that I am talking about now. I applaud its good work in so many regions around the world; I just want it to do good work for Jewish people as well as for people around the world. There are too many examples of international organisations and institutions, and national ones, that do excellent work everywhere else except where Jews are concerned. It is for the ICRC’s reputation that I speak now. Where it does such excellent work internationally in other cases, I want it to do excellent work for Jewish people, who are being tortured, with children being kept hostage.
This issue has led to deep-seated feelings of frustration and disappointment. I will conclude by saying that I am sure that His Majesty’s Treasury and His Majesty’s Ministers in the Treasury will think carefully, as they always do—I know that they will—about spending taxpayers’ money.
The Financial Secretary to the Treasury (Nigel Huddleston)
I thank the hon. Member for Cardiff South and Penarth (Stephen Doughty) and my right hon. and learned Friend the Member for Northampton North (Sir Michael Ellis) for their contributions. I have heard my right hon. and learned Friend, as I am sure has the ICRC.
The purpose of the Bill is to enable the Government to treat the CPA and the ICRC in a manner comparable to that of an international organisation. My right hon. and learned Friend made some broader comments and, as I say, the Government have heard them and I am sure that the ICRC has heard them.
I thank the hon. Member for Cardiff South and Penarth for his comments, particularly the way in which he, too, recognised and applauded the work of the Commonwealth Parliamentary Association. Its purpose and role are recognised across the House and around the world. There will be further debate on the Bill in Committee, so I will end my comments there.
Question put and agreed to.
Commonwealth Parliamentary Association and International Committee of the Red Cross (Status) Bill
Wednesday 6th March 2024
(9 months, 2 weeks ago)
Public Bill CommitteesRead Full debate Commonwealth Parliamentary Association and International Committee of the Red Cross (Status) Bill 2023-24 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 6 March 2024 - (6 Mar 2024)
The Chair
Before we begin, I have a few preliminary reminders for the Committee. Members should switch all their electronic devices to silent. No food or drink, apart from water, is allowed. Will Members please email their speaking notes to Hansard?
My selection and grouping for today’s meeting is available online and in the room and shows how the selected amendments have been grouped for debate. Please note that decisions on amendments do not take place in the order in which amendments are debated, but in the order in which they appear on the amendment paper.
Clause 1
The Commonwealth Parliamentary Association
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to discuss the following:
Clause 3 stand part.
The schedule.
Dame Maria Miller (Basingstoke) (Con)
It is a pleasure to serve under your chairmanship, Ms Fovargue, and to bring the Bill to the Committee. I thank all colleagues for agreeing to sit on the Committee and for enabling us to scrutinise the Bill in some detail.
Before I start, I should put on record my gratitude to the secretary-general of the Commonwealth Parliamentary Association, Stephen Twigg, for his steadfast commitment to the CPA and his passionate championing of the Bill; my hon. Friend the Member for Bridgwater and West Somerset (Mr Liddell-Grainger), who is the chair of the international executive committee of the Commonwealth Parliamentary Association, for his support for changing the status of the CPA; and the International Committee of the Red Cross for the incredibly important work it does. I should not forget the Minister, who is in his place today; his colleague, the noble Lord Ahmad; or the formidable team at the Foreign and Commonwealth Office. They have understood the importance of what our organisations do to support democracy around the world and have provided invaluable support and guidance.
Chris Elmore (Ogmore) (Lab)
In paying tribute to all those people, the right hon. Lady forgot to mention herself. It is fair to say that getting to this point has been a labour of love for in excess of two years. Those of us on the CPA executive who are in this Committee room to debate the Bill know that she very much spearheaded that work, and she deserves credit for it.
Dame Maria Miller
I thank the hon. Gentleman for his comments, and I recognise his support for all the work that has got us here today.
The Bill was passed unanimously on Second Reading, and I hope the clauses and amendments will continue to have the support of the Government and everybody in this room today. It provides the necessary delegated legislation-making powers for the CPA and the ICRC to be treated in a manner comparable to an international organisation of which the United Kingdom, or His Majesty’s Government in the United Kingdom, is a member.
Before the Bill, the Government were unable to treat them in that way, because the powers in the International Organisations Act 1968—particularly the powers in section 1—and the International Development Act 2002 are not available in respect of the CPA or the ICRC. That is because neither organisation is an intergovernmental organisation, but instead each has its own unique constitutional arrangements, reflecting its specific international mandate. Therefore, it is necessary to establish a bespoke enabling power to allow the CPA and the ICRC to operate in the UK.
Turning to the provisions in clauses 1 and 3 and the schedule in more detail, clause 1 enables the conferral on the CPA of the legal capacities of a body corporate. Key capacities relevant to the operation of an international organisation in the UK include concluding contracts, acquiring and disposing of property, and instituting and being a party to legal proceedings.
The clause also enables the provision in respect of the CPA of specific privileges and immunities, which will be determined on the basis of the organisation’s functional need and will be specified through an individual arrangement to be agreed upon on completion of the Bill. The clause also enables the provision of specific privileges and immunities in respect of the secretary-general of the CPA. Those are limited to the privileges and immunities set out in part 2 of the schedule.
The second clause in this string is clause 3. This provision is equivalent to section 8 of the International Organisations Act 1968, which allows the Secretary of State to certify questions of fact relating to the status of, or the privileges and immunities conferred on, the organisations. This clause is necessary, as it is intended to assist the courts in establishing the facts relating to the status of persons who may have privileges or immunities.
The third element in this string is the schedule. It is customary practice to grant privileges and immunities to international organisations and related persons. The list of privileges and immunities that may be conferred on the CPA and the ICRC by Order in Council is set out in the schedule and has been informed by the 1968 Act. I say “may” very certainly, because these are things that have to be decided once this paving legislation is in place.
The schedule will allow the Government to agree a framework that is unique and appropriate to the organisations’ unique mandates. Conferral of the privileges and immunities may be subject to specific exceptions in accordance with clause 4(2)(b), while any exemption or relief from a tax or duty may be made subject to arrangements or conditions in accordance with clause 4(2)(c).
The actual suite of privileges and immunities to be accorded, including relevant exceptions and limitations, will be determined on the basis of the functional need of each organisation and will be specified in the Order in Council. I will discuss that further when we come to the next set of provisions, because it is important that it be clear to everybody looking at this debate, which will be a great number of people across the Commonwealth.
The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (Leo Docherty)
I am grateful for my right hon. Friend’s leadership on this issue and I am very pleased to be speaking in Committee on this important Bill. As laid out by my right hon. Friend, the UK greatly values its long-standing programme partnership with the Commonwealth Parliamentary Association and really appreciates the very important work that it does, right across the Commonwealth, to foster inclusive and accountable democracy.
Treatment as an international organisation will allow the CPA to continue to operate across the Commonwealth and international fora. It will also allow the organisation to participate fully in areas in which it is currently restricted. Therefore I am very pleased to be able to speak in support of clauses 1 and 3 and the schedule; I will just touch on those, if I may.
The powers provided in clause 1 subsections (1) and (2) reflect the constitutional arrangements of the CPA —including its current registration with the Charity Commission for England and Wales—and will facilitate its proposed future operating model. Comparable treatment to an international organisation would be limited to the core international organs of the CPA, such as the secretariat. It is not intended that any privileges, immunities or other facilities are extended to any of the national or subnational branches.
This clause enables conferral on the CPA of the legal capacities of a body corporate. Key capacities relevant to the operation of an international organisation in the UK are to conclude contracts, to acquire and dispose of property, and to institute and be party to legal proceedings. The clause also enables the provision in respect of the CPA of specific privileges and immunities, which will be determined on the basis of the organisation’s functional need and will be specified through an individual arrangement to be agreed upon on completion of the Bill. Clause 1(1)(c) enables the provision of specific privileges and immunities in respect of the secretary-general of the CPA. Those are limited to the privileges and immunities set out in part 2 of the schedule.
The clause provides for the Order in Council to specify certain statutory provisions in relation to international organisations that should apply in relation to the CPA, with any necessary modifications. This provision will ensure that the CPA can be accorded comparable treatment to an international organisation—in particular, where the definition of international organisation in the legislation is limited to intergovernmental organisations.
Theo Clarke (Stafford) (Con)
I welcome this Bill and I agree that it is a cross-party Bill, with support from across the House. I pay tribute to my right hon. Friend the Member for Basingstoke for introducing it. I recently returned from Sierra Leone as a member of the CPA executive, and it was made clear to me by members of foreign Governments how important this Bill is. I wholeheartedly welcome this change.
Leo Docherty
I wholeheartedly endorse my hon. Friend’s comments.
Touching briefly on clause 3, the Bill will enable the Government to treat the CPA and the ICRC in a manner comparable to that of an international organisation of which the United Kingdom, or His Majesty’s Government in the United Kingdom, is a member. In keeping with that, this provision is equivalent to section 8 of the International Organisations Act 1968, which allows the Secretary of State to certify questions of fact relating to the status of, or the privileges and immunities conferred on, the organisations.
Clause 3 is therefore necessary, as it is intended to assist the courts in establishing the facts relating to the status of persons who may have privileges or immunities. The legislation is being supported now as compelling business cases have been presented, and parliamentary time and capacity is available.
Before I conclude, let me touch on the schedule. It is customary practice to grant privileges and immunities to international organisations and related persons. The list of privileges and immunities that may be conferred on the CPA and the ICRC by Order in Council is set out in the schedule and has been informed by the 1968 Act. That will allow the Government to agree a framework that is unique and appropriate to the organisations’ unique mandates.
Conferral of the privileges and immunities may be subject to specific exceptions in accordance with clause 4 of the Bill, while any exemption or relief from a tax or duty may be made subject to arrangements or conditions, also in accordance with clause 4. I reiterate the Government’s support for, and agreement with, the clauses and the schedule.
Wera Hobhouse (Bath) (LD)
Does the Minister agree that this Bill creates equal partners in the Commonwealth, rather than the more outdated model where the UK takes the leadership, and does he agree that that is a positive change?
Dame Maria Miller
I thank the Minister for his wholehearted support for this first clause of the Bill and other hon. Members for their contributions.
Question put and agreed to.
Clause 1 accordingly ordered to stand part of the Bill.
Clause 2
The International Committee of the Red Cross
Dame Maria Miller
I beg to move amendment 1, clause 2, page 2, line 13, at end insert—
“(e) provide for protected ICRC information to be exempt from any disclosure requirement imposed by—
(i) an order of a court or tribunal in proceedings other than criminal proceedings, or
(ii) a statutory provision or rule of law.
(2) In subsection (1)(e), “protected ICRC information” means information—
(a) that is held by the government of the United Kingdom,
(b) that was obtained by the government from the ICRC, and
(c) that is confidential.
(3) For the purposes of subsection (2)(c), information is “confidential” while the terms on which it was obtained require it to be held in confidence or while the circumstances in which it was obtained make it reasonable for the ICRC to expect that it will be so held.
(4) An exemption conferred by virtue of subsection (1)(e) does not apply to information if the ICRC—
(a) has published it, or
(b) has agreed to its disclosure for the purpose of the disclosure requirement in question.
(5) Nothing in this section or in an Order in Council made under it affects the common law rules about the withholding of information on the grounds of public interest immunity.”
This amendment allows for certain confidential information that the ICRC shares with the UK government to be exempted from legal disclosure requirements.
The Chair
With this it will be convenient to discuss the following:
Clause stand part.
Amendment 2, clause 4, page 2, line 27, leave out “or privilege” and insert “, privilege or exemption”.
This amendment is consequential on Amendment 1 and ensures that an exemption conferred by an Order under clause 2(1)(e) can be subject to exceptions set out in the Order.
Dame Maria Miller
This section of our discussion focuses on the International Committee of the Red Cross, commonly known as the ICRC. Clause 2 and amendments 1 and 2 run together, although amendment 2 is a consequential amendment to clause 4.
Clause 2 confers on the ICRC the legal capacities of a body corporate, just as clause 1 confers them on the CPA. It is an important move for the organisation, because it enables the provision of specific privileges and immunities in respect of the ICRC. Those will be determined, as with the CPA, on the basis of the functional need of the organisation and will be specified through an individual arrangement, to be agreed upon completion of the Bill.
The clause also enables the provision of specific privileges and immunities in respect of the ICRC’s personnel, who do such important work around the world. They are limited to the privileges and immunities set out in part 2 of the schedule. This provision applies to specified officers of the ICRC—unlike the previous discussion on the CPA—as well as other specified classes of officers and servants of the organisation, for example ICRC delegates posted to the regional delegation in London.
I beg the indulgence of the Committee for the fact that there are two amendments tabled. Amendment 1 specifically relates to clause 2. There were discussions ongoing between the ICRC, myself and the Foreign, Commonwealth and Development Office when the Bill was finalised, and therefore the final discussions on the issue of confidentiality, which is touched upon in amendment 1, were continuing when the Bill was finalised.
Amendments 1 and 2, which amend clauses 2 and 4 of the Bill respectively, provide for the protection of information provided confidentially to the Government by the ICRC from being used in UK civil court proceedings. This is an important provision for the ICRC and is necessary because of the need to withhold from public disclosure confidential information. Its provision in the Bill would provide assurance that that could take place.
Leo Docherty
May I commend my right hon. Friend’s words? I will speak briefly to amendments 1 and 2, which are designed to protect information that the ICRC provides in confidence to His Majesty’s Government from being used in UK civil court proceedings. That is necessary, as the withholding from public disclosure of confidential information cannot otherwise be assured. That reflects the ICRC’s standard working method of confidentiality, which is designed to protect its staff and operations in active conflict zones.
That principle also underpins the ICRC’s ability to operate in dangerous locations on sensitive issues, engaging with both state and non-state actors. Confidential information related to the ICRC’s sensitive work includes its engagement with conflict parties on international humanitarian law, mandated under the Geneva conventions, and its work with prisoners, detainees and hostages. Disclosure of confidential ICRC information would damage the ICRC’s ability to perform its sensitive functions when negotiating with conflict parties and put its staff and operations at risk.
The Government are already committed to respecting the confidentiality of the ICRC’s information as a matter of policy, and past practice has demonstrated that. This Bill is an opportunity to end any uncertainty about the Government’s position and put that practice on a statutory footing. Without such a provision, the ICRC is likely to restrict the information that it shares with the UK, including information that provides important analysis and intelligence related to UK Government priorities.
The amendments do not therefore provide an absolute or blanket exemption from disclosure requirements for all ICRC communications. Important limitations have been incorporated into the amendment, as my right hon. Friend mentioned. For example, the exemption is limited to information that has been communicated by the ICRC to the UK Government as part of its confidential bilateral dialogue related to the ICRC’s humanitarian activities.
The amendments also engage the right to a fair trial, as was mentioned, under article 6 of the European convention on human rights. The Government consider this provision both necessary and proportionate, and mitigations such as the exclusion for criminal cases mean that I can confirm that the provision may be exercised in compatibility with convention rights.
If I may touch on clause 2, the ICRC is an essential partner for achieving the UK’s global humanitarian objectives. It has a unique legitimacy to engage all parties to conflicts and has unparalleled access to vulnerable groups in conflict situations. The ICRC is frequently the only international agency operating at scale in many conflicts. With regard to clause 2 i t is therefore critical, in our judgment, that we enable the ICRC to operate in the UK in accordance with its international mandate, maintaining its strict adherence to the principles of neutrality, impartiality and independence and its working method of confidentiality.
The clause confers on the ICRC the legal capacities of a body corporate. Key capacities relevant to the operation of an international organisation in the UK are to conclude contracts, to acquire and dispose of property and to institute and be party to legal proceedings.
I therefore reiterate our support for amendments 1 and 2.
Amendment 1 agreed to.
Clause 2, as amended, ordered to stand part of the Bill.
Clause 3 ordered to stand part of the Bill.
Clause 4
Orders in Council
Dame Maria Miller
I beg to move amendment 3, clause 4, page 2, line 24, at end insert—
“(1A) Before laying before Parliament a draft of a statutory instrument containing an Order in Council under section 1, the Secretary of State must consult—
(a) the Chair of the United Kingdom Branch, and
(b) the Secretary-General
of the Commonwealth Parliamentary Association.
(1B) Before laying before Parliament a draft of a statutory instrument containing an Order in Council under section 2, the Secretary of State must consult—
(b) the President, and
(c) the Director-General
of the International Committee of the Red Cross.”
The Chair
With this it will be convenient to discuss the following:
Amendment 4, clause 4, page 2, line 37, at end insert—
“(3) The Secretary of State must lay before Parliament—
(a) a draft of a statutory instrument containing an Order in Council under section 1, and
(b) a draft of a statutory instrument containing an Order in Council under section 2
within fourteen days of the passing of this Act.”
Clause stand part.
Clause 5 stand part.
Clause 6 stand part.
Dame Maria Miller
I stress that amendments 3 and 4 are probing amendments to allow the Minister to provide some assurances, not only to the people in this room, including myself, but to other members of the organisations we are talking about today. It is a long-standing practice that privileges and immunities are conferred by Order in Council, and that is not included in the Bill; this is merely paving legislation to allow that to happen.
The clause provides that any Order in Council made under clauses 1 or 2 is subject to the draft affirmative parliamentary procedure. Statutory instruments that are subject to the draft affirmative procedure require the approval of both Houses of Parliament before they come into effect, in the usual way. The clause also provides further detail on the scope and extent of the delegated legislation-making powers under clauses 1 and 2.
In addition, the clauses provide the enabling power, first, for the Order in Council to specify circumstances where privileges or immunities do not apply, whether because of an exception to those privileges or immunities or because they have been waived by the organisation; and secondly, for the Order in Council to specify that fiscal reliefs and exemptions are subject to arrangements or conditions imposed by the Secretary of State or the Commissioners of His Majesty’s Revenue and Customs, as the case may be.
I felt it was very important that we had a clear, on the record affirmation from the Government, when they are drawing up these very important subsequent documents for approval by the House, that the appropriate people are involved in those discussions. That is why I have tabled probing amendments 3 and 4.
The effect of amendment 3 is to lay down a formal requirement on the Secretary of State to consult the chair of the UK branch and the secretary-general of the CPA, and the president and the director-general of the ICRC respectively, before finalising the draft Order in Council and laying it before Parliament.
Amendment 4 would require the Secretary of State to lay the draft Order in Council within 14 days of the Act’s coming into force. Perhaps when the Minister responds, he could give some assurances regarding the Government’s intent to involve the individuals named in amendment 3 in the decisions about what is to be laid before Parliament, to ensure that the Bill works exactly in the way the relevant organisations need it to. I am sure that would always be his intention, but it would be helpful if he could put that intention on the record before we finalise proceedings today.
Clause 5 explains that the term “ICRC” means the International Committee of the Red Cross, for the avoidance of any doubt. It also ensures that the definition of “statutory provision” allows for the treatment of the CPA and ICRC as international organisations to be applied in regard to all relevant legislation, primary and secondary, including devolved legislation. That is important because the Bill gives both the CPA and the ICRC treatment comparable to that of an international organisation, so the organisations need to be recognised in the same way across all relevant legislation.
Last, but by no means least, the provisions in clause 6 extend and apply the Bill to the whole of the UK, as a reserved or excepted matter relating to the conduct of international relations. The Bill will come into force on the day on which it receives Royal Assent.
I hope the Minister will respond on those final clauses and leave me in a position where I can withdraw my two probing amendments.
Leo Docherty
I am grateful to my right hon. Friend for introducing the amendments and am happy to give her the assurance that she requires. The FCDO has engaged with the CPA and ICRC throughout the legislative process. The FCDO will consult them both ahead of secondary legislation and work closely with them to agree the arrangements for the appropriate privileges and immunities for each organisation. The FCDO has already committed to lay the draft Order in Council as soon as possible. His Majesty’s Government does not, therefore, think the amendments are necessary, and I ask my right hon. Friend to withdraw them.
On clause 4, it has of course been long-standing practice that privileges and immunities are conferred by Order in Council. The clause provides that any Order in Council made under clauses 1 or 2 is subject to the draft affirmative parliamentary procedure. Statutory instruments that are subject to that procedure require the approval of both Houses of Parliament before they may have effect, as we all know.
The clause also provides further detail regarding the scope and extent of the delegated legislation-making power under clauses 1 and 2. In particular, an Order in Council made under the Bill
“may make different provision for different cases and for different persons”,
and
“may contain consequential, supplementary, incidental, transitional or saving provision.”
In addition, the clause provides the enabling power for two important aspects that are fundamental to the operation and management of privileges and immunities in respect of an international organisation. First, the Order in Council may specify circumstances in which privileges or immunities do not apply, whether because of an exception to those privileges or immunities or because they have been waived by the organisation.
Secondly, the Order in Council may specify that fiscal reliefs and exemptions are subject to arrangements or conditions imposed by the Secretary of State or the commissioners of His Majesty’s Revenue and Customs. This will facilitate the application to the organisations of the existing administrative schemes and processes in respect of international organisations that are administered by, among others, the FCDO and HMRC.
Clause 5, on interpretation, explains that the term “ICRC” means the International Committee of the Red Cross, as stated in clause 2. It also ensures that the definition of “statutory provision” allows for the treatment of the CPA and ICRC as international organisations to be applied in regard to all relevant legislation, primary and secondary, including the devolved Administrations of Scotland, Wales and Northern Ireland, whenever such legislation is made. This is important because the Bill gives both the CPA and the ICRC treatment comparable to that of an international organisation; therefore, the organisations need to be recognised in the same way across all relevant legislation.
Under clause 6, the Bill’s provisions will extend and apply to the whole of the UK as a reserved or accepted matter relating to the conduct of international relations, and the Bill will come into force on the day on which it receives Royal Assent.
In conclusion, I commend the contribution of my right hon. Friend in a spirit of gratitude.
Dame Maria Miller
I am grateful for the opportunity to respond to the Minister’s comments. I am reassured that the Government intend to fully involve the organisations in the drawing up of secondary legislation. It is an obvious thing to say, but it is good to hear the Minister put that on the record. With that in mind and having received those assurances, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Amendment made: 2, in clause 4, page 2, line 27, leave out “or privilege” and insert “, privilege or exemption”.—(Dame Maria Miller.)
This amendment is consequential on Amendment 1 and ensures that an exemption conferred by an Order under clause 2(1)(e) can be subject to exceptions set out in the Order.
Clause 4, as amended, ordered to stand part of the Bill.
Clauses 5 and 6 ordered to stand part of the Bill.
Schedule agreed to.
Bill, as amended, to be reported.
Commonwealth Parliamentary Association and International Committee of the Red Cross (Status) Bill
Friday 26th April 2024
(7 months, 3 weeks ago)
Commons ChamberRead Full debate Commonwealth Parliamentary Association and International Committee of the Red Cross (Status) Bill 2023-24 Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 6 March 2024 - (6 Mar 2024)
Dame Maria Miller (Basingstoke) (Con)
I beg to move, That the Bill be now read the Third time.
This is an important moment for the Commonwealth Parliamentary Association and the International Committee of the Red Cross. The Bill enables the Government to recognise both organisations individually as international organisations, conferring on them the legal capacities of a body corporate as well as specific privileges and immunities. While the Bill may be only halfway through its scrutiny process, as it will move on to the other place, today feels like a significant milestone. I underline that, at all stages, the Bill has received not only cross-party support, for which I am enormously grateful, but support from my hon. and right hon. Friends on the Treasury Bench. I thank each and every Member for their contributions to the Bill throughout its consideration.
I want to mention individually those who have been particularly supportive of the Bill. My hon. Friend the Member for Bridgwater and West Somerset (Mr Liddell-Grainger) must come at the start of that list, because he chairs the international executive committee of the Commonwealth Parliamentary Association. My immense appreciation goes to the secretary-general of the Commonwealth Parliamentary Association, Mr Stephen Twigg, whose passion and support for the Bill and for getting the change in status for the CPA has been clear throughout. My thanks go to all the hard-working and inspirational staff of CPA UK—including our new chief executive, Sarah Dickson, Helen Haywood, the deputy chief executive, and their teams—for their unwavering passion and commitment to the Commonwealth Parliamentary Association and continued support. Without them, this achievement would not have been possible. And I cannot forget Mr Jon Davies, Sarah’s predecessor, who I thank from the bottom of my heart for all his contributions while in office.
I thank the formidable team at the Foreign, Commonwealth and Development Office and my noble Friend Lord Ahmad, the Minister responsible for the Commonwealth, and the Deputy Foreign Secretary, my right hon. Friend the Member for Sutton Coldfield (Mr Mitchell), who is not on the Front Bench today—he is detained elsewhere—but has been ably replaced by the Minister of State, Ministry of Justice, my right hon. Friend the Member for Charnwood (Edward Argar). Throughout, those Ministers have understood why the Commonwealth Parliamentary Association status needs to change, why this is an important Bill and why the work of the Commonwealth Parliamentary Association is essential in supporting the strengthening of democracy around the world. I thank them all and their teams of officials.
At this stage of proceedings, it is also important to acknowledge the extraordinary work of the Clerks of the House, and to thank them. Their guidance and recognition of the Bill’s importance, combined with the support from the Government, have helped get the Bill to where it is today. In particular, I say a huge thank you to Ms Anne-Marie Griffiths, the Clerk who has been advising us, for her assistance in getting the Bill to this stage. I hope you will forgive me, Mr Speaker, for thanking you, too. You have a very special place in the heart of the CPA, as does the Lord Speaker. You are our joint presidents, and in your work, you support us enormously.
Two organisations are supported by this Bill. I thank the International Committee of the Red Cross for its incredibly important work and for supporting me in the preparation of the Bill. I know how much time and consideration its London delegation has put in, and Eve La Haye in the ICRC legal team in Geneva has also been heavily involved. I thank all of them.
The unique international humanitarian mandate and mission of the International Committee of the Red Cross has been formally recognised by states in the Geneva convention and additional protocols. The Bill will accord it a status or treatment in the UK equivalent to that of an international organisation, with the relevant privileges and immunities. To date, more than 110 states have accorded the ICRC those relevant privileges and immunities, including all other permanent members of the United Nations Security Council. The content of the Bill, and the conferral of relevant privileges and immunity to the ICRC in the UK, is critical to enabling it to continue to operate in the UK in accordance with its international mandate, maintaining its strict adherence to the principles of neutrality, impartiality and independence and its working method of confidentiality.
For more than two years, there has been intense work to get to this stage—it has been described as a labour of love. None of it could have been accomplished without the esteemed individuals and organisations that I mentioned. The perseverance from everyone is starting to be rewarded now, but there is much more to do. I welcome the fact that the Bill and the amendments debated and agreed to in Committee have received cross-party support, again demonstrating the high regard and esteem in which both the CPA and ICRC are held not only in this place but throughout the country and internationally.
Members of a number of overseas Parliaments in particular have reiterated how important the Bill is. We have listened and learned and gone forward with this historic legislation, which is now well on its way to putting in place such a fundamental change.
The Bill is integral to the CPA and the ICRC, as it provides the necessary powers for both organisations to be treated in a manner comparable with an international organisation, of which the United Kingdom, or His Majesty’s Government in the United Kingdom, are a member. Each organisation has its own role and constitutional arrangements. That had to be—and is— reflected in the Bill. Under certain clauses, secondary legislation can put in place the privileges and immunities that each organisation will need.
The Commonwealth Parliamentary Association element of the Bill will be widely and warmly welcomed by our fellow parliamentarians throughout the Commonwealth. I recall that on my recent visit to Kenya, the Speaker of that Parliament reminded me how vital it is to the African region of the CPA to achieve this new status for the organisation. Parliamentarians from Africa have long championed the need for this legislation and made the point that they want to continue to be part of the CPA because of the important work that it does, but they increasingly struggle to justify spending their taxpayers’ money with the CPA configured as a UK charity: a status that I believe we have long outgrown. Concerns about the CPA’s status date back more than three decades. If that can now be resolved, I believe that will serve to strengthen and renew the CPA’s mission, unity and sense of purpose.
I attended the Commonwealth Parliamentary Conference in Ghana last October, where I saw once again the strength of feeling across the CPA membership about the status of our organisation. Mr Speaker, last month you hosted Speakers and Presiding Officers from the Commonwealth in London for Commonwealth day, where you ensured that they were briefed about the progress that we are making on the Bill. The response was extremely warm and positive: a collective sigh of relief that this issue might be reaching a solution.
I am mindful, however, that the Bill will need to pass through the other place to become an Act, so may I say once again that, without this legislation, there is a strong possibility that the Commonwealth Parliamentary Association would relocate its headquarters outside the UK? By enacting the Bill, the UK can not only keep the CPA here but demonstrate our commitment to the Commonwealth itself in this, its 75th year.
I am delighted that key amendments were passed in Committee, the first of which recognises the unique and sensitive role of the ICRC, including visiting prisoners all around the world to help ensure their safety. It allows for protected ICRC information to be exempt from disclosure requirements imposed by an order of court or tribunal proceedings, other than criminal proceedings. The amendment is designed to protect information that the ICRC provides in confidence to His Majesty’s Government from being used in UK civil proceedings. That is necessary, as the withholding of confidential information from public disclosure cannot otherwise be assured. That reflects the ICRC’s standard working method of confidentiality, which is designed to protect not only its staff but its operations in active conflict zones. That principle also underpins the ICRC’s ability to operate in dangerous locations on sensitive issues, engaging with both state and non-state actors. Disclosure of confidential ICRC information could damage its ability to perform its sensitive functions when negotiating with conflict parties, and it could put its staff and operations at risk. There is a real risk and concern about ICRC information being used in legal proceedings—over the past 15 years, the ICRC’s confidentiality has been challenged some 20 times in the UK.
I tabled in Committee a probing amendment on the involvement of individuals in drawing up secondary legislation. I did not press it to a vote, and I thank the Minister in Committee, the hon. Member for Aldershot (Leo Docherty), for his extremely reassuring response to the debate on it. The amendment sought to lay down a formal requirement on the Foreign Secretary to consult the chair of the UK branch and secretary-general of the CPA, and the president and director general of the ICRC, respectively, before finalising secondary legislation.
The Minister was able to confirm that the Foreign, Commonwealth and Development Office will consult all those parties ahead of secondary legislation being laid before the House, and will work closely with them to agree arrangements for the appropriate privileges and immunities for each organisation separately. That ensures that the Bill works exactly in the way that the relevant organisations need it to, and that the right individuals are consulted before secondary legislation is laid before the House and implemented.
The Bill demonstrates that the House of Commons values the Commonwealth, values the work of the Commonwealth Parliamentary Association, respects the importance of the ICRC and recognises that these organisations need to be recognised as international organisations. I thank colleagues for their support, and I wish my Bill well as it continues its journey to the other place, taken forward ably by my noble Friend Baroness D’Souza.
Mr Speaker
I thank Dame Maria Miller for everything she has done to ensure a solid future for the CPA. It is much welcomed and appreciated by all sides of this House.
Chris Elmore (Ogmore) (Lab)
I do not intend to detain the House for long, but I will start by paying warm tribute to the right hon. Member for Basingstoke (Dame Maria Miller). Since becoming chair of the CPA UK branch, she has spearheaded and forced this issue with Ministers in the strongest possible terms, including two or three—I cannot quite remember—Foreign Secretaries. She has been at the forefront of this work. One key reason why that work has been so important—the right hon. Lady has spoken at length on that, as you just did, Mr. Speaker—is that it sends a message to the Commonwealth Parliamentary Association that the UK Government and this Parliament are listening to what member states are telling us.
I am privileged to serve as one of three representatives from the CPA British Islands and Mediterranean Region on the International Committee of the CPA. There have been some very difficult conversations over the past two years I have served on that body, including in—this is not some travel guide, Mr Speaker, but it does come up frequently when you are travelling with the CPA—Gibraltar, Canada and, at our most recent CPA conference last year, Ghana, where I and the force that is the hon. Member for Bridgwater and West Somerset (Mr Liddell-Grainger) were, quite rightly, cross-examined by nearly all member states of the CPA International about when the Bill will move forward. I am delighted and slightly relieved that the various commitments that the hon. Gentleman, the right hon. Member for Basingstoke and I have been giving to that body for the past two years are now at least at the halfway mark.
Two-and-a-half years ago, we felt like we were nowhere, so in that context, the speed of the last few months has been wonderfully refreshing. I pay tribute to the previous Foreign Secretary, the right hon. Member for Braintree (James Cleverly), and the current Foreign Secretary and the Minister in the Lords for their genuine engagement with the process. One key element has been the ability of my own Front Bench and the Government to work cross-party on setting the standard, supporting the Commonwealth family and listening to the Commonwealth family of nations.
The Bill is about setting the CPA and the International Committee of the Red Cross on an equal footing with many other international organisations. We are, in essence, simply catching up, but nevertheless it is crucial to how we as a Parliament, UK Government and official Opposition work with Commonwealth nations. When doing those cross-examinations—I will put it like that —from member states, the key theme throughout has been that they would like the CPA International to remain in the UK. There has been no animosity about its remaining in London, but what they wanted was the status issue resolved. I recall an excellent conversation here with an Australian delegation, who talked about how they could help and work with the Government to try to ensure it was made very clear that member states across the world wanted the CPA International to remain in the UK.
This is a warmly welcomed Bill. It sends the right message, which is genuinely very important. When we head to Sydney later this year for the CPA International, we will now be able to say—all being well in the other place, of course, and I look forward to the Minister’s remarks—that we have delivered. I do think that is genuinely important. Finally, I pay tribute to you, Mr Speaker, because, as the right hon. Lady said, I feel that you have personally moved mountains on a lot of this work. It has been truly welcomed and valued by all of us in the CPA UK and by the CPA staff, both internationally and in the UK. I always warmly welcome your support.
Sara Britcliffe (Hyndburn) (Con)
I thank the hon. Member for Ogmore (Chris Elmore) for his speech, and I thank you, Mr Speaker, for the work you have done. I congratulate my right hon. Friend the Member for Basingstoke (Dame Maria Miller) on bringing forward this important Bill. I welcome the support it has received from both sides of the House and I am pleased to offer my own support.
The Bill is quite technical in nature. It makes provision for two specific organisations to be granted international status, which, owing to their unique constitutions, could not be included under existing legislation. However, the wording of the legislation should not distract us from the organisations cited in it. Moreover, we should not overlook the primary purposes of these organisations, which are to strengthen parliamentary democracy and provide humanitarian assistance. In a world where we frequently witness the devastation caused by violence and war, and the growing threats to democracy, the importance of those causes and the organisations that pursue them cannot be understated. I therefore welcome the Bill, which grants international organisation status to both the Commonwealth Parliamentary Association and the International Committee of the Red Cross. The new status will ensure that those organisations can continue to perform their vital work fully and without restriction.
The Commonwealth Parliamentary Association seeks to promote the values of parliamentary democracy and good governance. It facilitates dialogues between Parliaments and draws on our collective knowledge to improve our procedures and address the wide-ranging challenges that we, as parliamentarians, may face. Its efforts have included the development of recommended benchmarks for legislatures and for a code of conduct for Members. Its efforts have included the development of recommended benchmarks for legislatures and for a code of conduct for Members. It has also provided guidance on specific and pertinent issues such as improving mental health provisions, the challenges of climate change and the growth of AI.
I welcome the Government’s unwavering support for the Commonwealth and its ideals. Article 1 of the Commonwealth charter outlines our responsibility
“for upholding and promoting democratic culture and practices”.
I would therefore ask what support the Government and Parliament have provided to the CPA to strengthen democracy across the Commonwealth.
The fundamental mission of the International Committee of the Red Cross is to protect victims of conflict and violence through the provision of humanitarian assistance. Its work, often in the most difficult and perilous environments, encompasses everything from mine clearance and providing healthcare and sanitation to combating sexual violence, improving respect for international humanitarian law and establishing economic stability. I am very proud of the United Kingdom’s record in providing humanitarian aid across the world—to Afghanistan, to South Sudan, to Ukraine and right now to Gaza. However, what support have the Government provided to the ICRC and what can we, as Members of Parliament, do to support the Red Cross?
Ultimately, if we are to grant international status to these two organisations, let us also ensure that we fully support them in their operations and in their aims, strengthening democracy and humanitarian aid.
Jack Brereton (Stoke-on-Trent South) (Con)
I commend my right hon. Friend the Member for Basingstoke (Dame Maria Miller) for making progress with this important Bill, which will recognise both the Commonwealth Parliamentary Association and the International Committee of the Red Cross as international organisations. These are important changes given that neither is recognised as such under UK law. Current laws cannot apply as neither is an intergovernmental organisation, so a new enabling power is necessary.
The CPA does vital work in promoting parliamentary democracy throughout the Commonwealth, but its current set up as a UK charity is a cause for concern among some members and is somewhat restrictive. The Bill seeks to address that. The Commonwealth is a unique club of nations united by our shared historical and economic ties, alongside a shared belief in the value of democracy and the rule of law. In an increasingly hostile world where the rule of ruthless autocrats is on the rise and democratic rights are under threat, advancing those basic values and supporting the flourishing of parliamentary democracy throughout the Commonwealth remains as important now as it was when the CPA was first founded in 1911. That is why the Bill is so important to ensure the CPA remains relevant and best placed to promote parliamentary democracy throughout the Commonwealth. That will allow the CPA to participate more fully internationally than it does today, removing some of the restrictions on it.
More than 60 countries and jurisdictions participate in the CPA, as well as more than 180 legislators. It helps to increase the participation of under-represented groups in Commonwealth Parliaments, including women, disabled people and young people. The organisation also does vital work to help develop shared learning throughout Parliamentary democracies across the Commonwealth, facilitating knowledge-sharing and helping to strengthen our democratic systems.
The second organisation that the Bill focuses on, the International Committee of the Red Cross, does hugely important humanitarian work to protect victims of conflict and violence around the world. This week, the Prime Minister announced the Government’s commitment to increase spending on defence to 2.5%, which is incredibly welcome, particularly as it will be funded through much-needed efficiency savings in Whitehall rather than tax rises. It reflects the increasing threats we face from our adversaries globally in an increasingly insecure world.
The work of the International Red Cross and Red Crescent Movement is more important than ever. Conflicts have ignited around the world, whether following Putin’s illegal invasion of Ukraine, or the horrific turmoil in the middle east, in Gaza and Israel. In addition to Ukraine, Israel and the Occupied Palestinian Territories, the ICRC has key operations in Afghanistan, the Democratic Republic of the Congo, Ethiopia, the Sahel, Sudan, Syria and Yemen. In all such conflicts, innocent civilians are caught up in the violence and harmed by the results of war, and that is why the Bill is so essential.
Alongside the CPA, the Bill also seeks to recognise the ICRC properly as an international organisation. Under international law—through the Geneva convention—the ICRC already has a specific and unique humanitarian mandate to act in times of international conflict, and it has been given wider recognition internationally through the rights of a humanitarian initiative. More than 110 states around the world have already recognised the ICRC and given it equivalent status to an international organisation, so it is only right that the UK follows suit. That is particularly important as it would allow the ICRC to operate in the UK while preserving its core principles of neutrality and independence.
A number of amendments agreed in Committee further improve the quality of the Bill, particularly those on the importance of the confidentiality of the information that the ICRC provides to the Government and during legal proceedings. As my right hon. Friend the Member for Basingstoke said, confidentiality is critical and remains a fundamental principle of the ICRC. Those changes are eminently sensible, given the sensitivities of the information that will often be dealt with in such circumstances. That is particularly important in protecting victims during conflicts and bringing justice through criminal prosecutions to those who commit such crimes.
I again congratulate my right hon. Friend and thank her for bringing forward the Bill. I wish it well on its continued passage through the other place.
Nickie Aiken (Cities of London and Westminster) (Con)
I am delighted to see you in the Chair, Mr Speaker—long may you reign.
It is a privilege to speak in favour of the Bill introduced by my right hon. Friend the Member for Basingstoke (Dame Maria Miller). I pay huge tribute to her, as she has been the flag-bearer for the Commonwealth Parliamentary Association for the whole time I have been in this House—four and a half years. One of the first conversations we ever had was about how important it is, particularly for a new Member of Parliament, to be part of the CPA. I took her at her word, and I have been delighted to be involved in that brilliant association.
Sara Britcliffe
Can we also pay tribute to my right hon. Friend the Member for Basingstoke for the work she did with new parliamentarians when we came into the House? She specifically promoted women in this Parliament in order to reach 50:50 status. This is about not just the work she has done for the CPA, but what she has done for women in this place.
Nickie Aiken
Absolutely. I will not spare my right hon. Friend’s blushes: she is not only a brilliant parliamentarian, but she supports newer Members of Parliament, and I have been the beneficiary of her advice.
I have been the supporter of the incredible work of the Commonwealth Parliamentary Association for many years, and this Bill will cement in law the difference it has made across our beloved Commonwealth over the past 76 years. I also welcome the Bill as it recognises the work the ICRC does to support regions in crisis. From Australia to Anguilla, from Botswana to the British Virgin Islands, the CPA is crucial in keeping all parliamentarians connected across the globe, sharing good practice, helping us to learn from each other and fostering friendly, positive and long-lasting friendships across the 180 Parliaments and legislatures that make up the Commonwealth family.
Dame Maria Miller
As my hon. Friend was making her remarks about how we learn from other Parliaments, I recalled sitting in the New Zealand Parliament for questions one morning, where the Speaker took an interesting role. If the Speaker was not satisfied with an answer the Minister gave, he asked for the question to be answered again. Does she think we should considering doing that here as well?
Nickie Aiken
My right hon. Friend makes a good point, and I am sure those on the Front Bench would be delighted to comment on it in their speeches.
The ICRC is an essential partner for achieving the three core objectives of the UK’s humanitarian framework, which are:
“Prioritise humanitarian assistance to people in greatest need and provide them with what they need the most to recover from crises; Protect the people most at risk, including from conflict-related sexual violence and barriers to humanitarian assistance; Prevent and anticipate future shocks and build resilience in long-running crises by tackling the underlying drivers of crises, instability, and extreme food insecurity”.
Nobody could ever argue with any of that.
The ICRC is much respected, not only in this country, but abroad. It carries with it an unparalleled ability to engage with all parties engaged in a conflict and it supports innocent civilians caught up in the crossfire. The amendments tabled by my right hon. Friend in Committee are crucial to the successful operation of the ICRC. Amendments 1 and 2 are designed to protect information that the ICRC provides in confidence to the Government from being used in UK civil court proceedings. ICRC information being used in legal proceedings is a real risk and concern. I was surprised to learn that in the past 15 years the ICRC’s confidentiality has been challenged some 20 times in the UK, be it in respect of disclosing information regarding its work with British forces abroad or of its dialogue with a variety of actors on the global stage.
Today, I will be focusing my comments on the CPA, as I have been fortunate to work closely with it during my time in this place.
Dame Maria Miller
Before my hon. Friend leaves the subject of the ICRC, let me take the opportunity again to highlight the importance of the amendments introduced in Committee. She reiterated the number of times the ICRC has been threatened with having to divulge very confidential information. Does she, like me, hope that that is taken into consideration when the Bill goes to the other place? Obviously, providing that confidentiality and the need not to divulge such information except in criminal cases is an important step. Does she agree that we need to make sure those provisions are in place for civil cases as soon as possible? I hope that no debate in the Lords will delay their coming into effect.
Nickie Aiken
I thank my right hon. Friend for her intervention; she makes a serious point. If organisations such as the International Committee of the Red Cross are to succeed in their objectives, they have to be trusted in the regions and countries they serve. They have to deal with people who we may not wish to deal with ourselves to bring an end to conflicts, or even to safeguard civilians’ lives and prevent sexual violence in conflict. I hope the other place, which tends to be clear when scrutinising Bills, will see her point and will accept those amendments and not change the Bill.
As I said, I would like to move on and concentrate my remarks on the Commonwealth Parliamentary Association because of the work that I have been delighted to undertake with that brilliant organisation. As a one-term MP—I can confirm that I will be a one-term MP, because I am standing down at the next election—and as the MP for Cities of London and Westminster at this point, I have been proud to support the Commonwealth Parliamentary Association. In fact, only this week I was honoured to speak to a delegation from the Malaysian Parliament, including His Excellency Johari Abdul, Speaker of the House of Representatives, as well as members of the House of Representatives’ special Select Committees and several parliamentary officials. It was fascinating as usual to learn how similar our parliamentary procedures are, such as timetabling, where our model very much mirrors theirs. That is barring the Malaysian Parliament’s provision in the procedures—you may be interested to learn this, Mr Speaker—for the Head of State to make a statement every morning. It could be interesting to introduce that practice here in the Commons. I am not sure whether His Majesty would like to come every day to make a speech. I personally—
Mr Speaker
Order. Also, His Majesty is not allowed into the House of Commons.
Nickie Aiken
I had forgotten that small point. Maybe we should just move on.
The Malaysian version of the Procedure Committee— I am proud to sit on the UK’s Procedure Committee—is called the standing orders committee. I was asked to speak to the Malaysian delegation about the procedures of the House of Commons—how business is tabled, the Standing Orders and my experience on the Procedure Committee. What a week to be discussing the procedures of Parliament. It was fortunate that I was able to use a certain Act, the Safety of Rwanda (Asylum and Immigration) Act 2024, which we saw this week with its extended ping-pong, to demonstrate how the UK Parliament works in practice.
Sara Britcliffe
Does my hon. Friend recognise not only that the work she does on the Procedure Committee helps shape this Parliament, but the importance of people visiting Parliament and seeing the procedures? When we talk about the life of an MP when we go to local schools, they always ask us, “What’s a typical day in Parliament?” It is so difficult to explain that, because there is no typical day in Parliament. Some days we can finish at 5 o’clock; some days we can be sat here at midnight. The work we do to teach others about the way this Parliament works and about our job on a day-to-day basis is so important.
Nickie Aiken
My hon. Friend is absolutely right, and it was fascinating this week for the Malaysian delegation to sit in on Deputy Prime Minister’s questions. It was quite a raucous episode this week, particularly given the first question. I did not see the delegation afterwards, but I would have been interested to hear their views on our procedures for DPMQs.
In 2022, I was delighted to address delegates from the Isle of Man when I represented CPA UK. I was able to discuss my experiences of managing parliamentary responsibilities, including Committee work, attendance in the Chamber, constituency work and personal commitments. That goes back to the point my hon. Friend just made: there is never a typical day in the life of an MP. I can come into this place with my meetings for the day in my diary, and then all of a sudden there is an urgent question or a statement that I want to be part of and then my diary is completely changed. It is a fascinating job to do, and I am sure it is the same everywhere—from the conversations I have had with parliamentarians across the globe, parliamentary procedures are never one-size-fits-all.
I personally find meeting those delegations, whether in this country or abroad, very enlightening. I encourage all Members of the House to work with the Commonwealth Parliamentary Association to meet, learn from and share insights with other parliamentarians from across the Commonwealth, although there will be many MPs who will not be coming back to this place because of retirement or whatever.
Chris Elmore
On the point about Members’ engagement, the hon. Lady will know that I am privileged to be the treasurer of the CPA branch—the right hon. Member for Basingstoke (Dame Maria Miller) is the chair—and we spend a lot of time trying to encourage both longer-serving and newer Members not to be afraid of the CPA, but to come and take part in inward delegations and, ideally, engage in our work abroad. My hope is that this Bill and this debate on the Floor of the House highlights again the successful work of the CPA that the hon. Lady is cantering through, which hopefully means that Members now and Members after a general election will be encouraged to work with it. Does she agree?
Nickie Aiken
I absolutely agree with the hon. Member. It is very important that any candidate who is seeking to become a parliamentarian and is successful, whenever a general election may be, does get involved in the CPA once they arrive here. It is an enlightening experience and it helps us as parliamentarians to be learning from others, not just in the United Kingdom, but across the globe.
Sara Britcliffe
It does feel as though my hon. Friend and I have been here for a lifetime, but when we entered as new parliamentarians, one of the fears over engaging with the likes of the CPA was the public’s reflection on the travel and so on. It is vital that we highlight in this Chamber how important it is for parliamentarians to be able to witness how Parliaments work in other parts of the world. Does she agree that it is important that, through these debates, we continue to highlight the importance of the CPA, so that Members do not avoid engaging with the likes of the CPA through fear?
Nickie Aiken
I completely agree. Although this is the mother of all Parliaments—it has been here for a thousand years or more—we really should be able to learn from others.
Dame Maria Miller
I thank my hon. Friend for giving way. My other hon. Friend, the Member for Hyndburn (Sara Britcliffe), is right to point out the need for us to explain the benefit of the CPA, because much of our day-to-day work as Members is connected to the grassroots of what we do in our constituencies, but the role of a parliamentarian is so much greater than that. I will give an example. My hon. Friend the Member for Cities of London and Westminster (Nickie Aiken) was talking about her meetings with the Malaysian Parliament earlier this week. I had the great pleasure of meeting the hon. Rodiyah binti Sapiee, who is a Member of the Malaysian Parliament and is a new regional representative for the Commonwealth Women Parliamentarians network. We have not touched upon that organisation much in this debate so far, but it is there to support elected Members, very much in the way that my hon. Friend the Member for Hyndburn spoke about—supporting new Members to do their jobs as well as they can, and hopefully retaining them work in Parliament for longer. The Malaysian Parliament has 28 female Members, just 13.5% of their parliamentarians, and we discussed ways to increase the number of women parliamentarians. Does my hon. Friend agree that we can learn from each other about these questions in our Parliaments throughout the Commonwealth because we have such similar set-ups?
Mr Speaker
Order. I am being very generous in allowing the scope to be broadened somewhat. I now look forward to hearing more from Nickie Aiken.
Nickie Aiken
Thank you, Mr Speaker. I agree with my right hon. Friend about women supporting women. We do a great job of supporting women in this Parliament and I am delighted to be part of her cross-party women in parliament group. We have to have strength in numbers and we have to encourage more women to stand, whether in CPA countries or our own, because we have to hear women’s voices in politics.
Jack Brereton
Does my hon. Friend agree this is not just about encouraging women but—I consider myself to be a relatively young person—it is also about including more young people into parliamentary democracies across the Commonwealth?
Nickie Aiken
I thank my hon. Friend for his point, and I believe the CPA can be a force for good in sharing good practice for encouraging people from all walks of life to enter politics. I am about to go on to talk about my experience with the CPA in Grenada, where there were many young people who had been elected for the first time. It strengthens all democracies if they represent the people they are there to serve.
Sara Britcliffe
As I am the youngest on our Benches —I am not 30 yet, thankfully—may I ask my hon. Friend to explain how Grenada managed to get young people into its Parliament and also how they can feel they can stay in the job? One of the problems young people, and all Members of Parliament, face is the rise in abuse on social media, which can strongly put people off entering this place. People enter this place to do good things for their constituents, and that is not always reflected through our media and social media. How are other Parliaments across the Commonwealth tackling that?
Mr Speaker
Order. This debate is about the movement and transfer of the CPA. I have got to be a little bit careful because other people may want to stretch the scope of other Bills when we do not want them stretched. This is an important subject and the House is very supportive, but we must ensure that we stick within the terms of the Bill.
Nickie Aiken
I just reiterate that I support the points my hon. Friend has just made, because it is important that we make sure that the CPA is a force for good.
In the Cities of London and Westminster, the Commonwealth is right at home. We are fortunate to host the international headquarters of the Commonwealth secretariat and the Commonwealth Foundation in Marlborough House, and of course the Commonwealth Parliamentary Association for the United Kingdom operates from here in the mother of all Parliaments.
Dame Maria Miller
My hon. Friend is right to bring up the importance of the international secretariat being here right in the heart of Westminster, and that has enabled us to work with it as CPA UK and as the UK Parliament. Around International Women’s Day, for example, we worked with it to deal with online abuse, which has just been raised. We set up—as we can now with the advent of the widespread use of Teams and other facilities for online meetings—online training for women parliamentarians across the Commonwealth. Does my hon. Friend agree that that is just one example of how we can work as a team with the CPA, and how having it so close to us here in Parliament helps us effectively support its work in this way?
Nickie Aiken
I absolutely agree. That goes to the heart of the Bill—the status of the CPA and whether we can consolidate it. We are just across the road from the Foreign Office, and this is about working together for the soft power element that the Government are focused on.
The Commonwealth Parliamentary Association works, as many here will know, to promote parliamentary democracy and good governance. It is completely non-partisan. I have thoroughly enjoyed meeting and getting to know parliamentarians from a wide range of countries and political parties. Back in March last year, I was fortunate enough to be invited to be a member of the CPA UK delegation to the stunning island of Grenada in the Caribbean, where I was honoured to meet Prime Minister Dickon Mitchell. That was my first trip for the CPA, and what a fascinating one it was. I pay tribute to the CPA officer, Martin Vickery, who was outstanding on the trip, and I know that the Clerk at the Table, who was also there, will always remember it. It was my first experience of the CPA in action.
Grenada had had the same Government and Prime Minister for 22 of the previous 27 years, but Dickon Mitchell defeated the incumbent, Keith Mitchell, who was seeking his sixth term, in the 2022 elections. I wonder whether a Prime Minister had ever before succeeded another with the same surname. The incumbent New National party had had all 15 seats in the Grenadian Parliament, but after the 2022 election, it was suddenly in opposition, as Dickon Mitchell’s National Democratic Congress took nine of the available seats. The election brought about certain new challenges for the Parliament of Grenada, for the National Democratic Congress, which had no experience in government, and for the New National party, which had not been in opposition for decades.
That goes back to the point made by my hon. Friend the Member for Stoke-on-Trent South (Jack Brereton) about having new and young parliamentarians. None of the MPs elected for the National Democratic Congress had ever been elected or even been in politics before —the Prime Minister, Dickon Mitchell, had been a solicitor—so it was fascinating for the CPA UK to be invited over to undertake a series of workshops on how to be scrutinised, and, equally importantly, on how to scrutinise.
I was joined on the trip by the hon. Member for Bristol East (Kerry McCarthy), and by my hon. Friend the Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron), who was then a member of the Scottish National party at the time but has since defected to the Conservative party—although I would not take any credit for persuading her on the trip that she was a Conservative. In Grenada, I also worked very closely with Leo Cato, the Speaker of the House of Representatives of Grenada, and with Dessima Williams, the President of the Senate of Grenada.
Dessima Williams is a former communist who was very much part of the revolution in Grenada in the early ’80s. We—two women politicians from completely different sides of the political divide—bonded so incredibly well, and that underlines how important it is that the Bill secures the CPA’s status. Ms Williams said to me as I left, “Only the CPA could bring a communist and a conservative together.” I think that is a clear example of how parliamentarians, no matter their political persuasions, can put their political parties aside and work together for the greater good. That is the extraordinary power that the CPA provides.
During my trip, I also met women’s rights campaigners, people working to improve disability rights and services and, very importantly, the Youth Parliament and climate change campaigners. This goes back to what my hon. Friend the Member for Stoke-on-Trent South said earlier. We met the Youth Parliament, and they were outstanding young people who want to make a difference for their country. As a women’s rights campaigner, I found it fascinating to talk to other campaigners who are working very hard to tackle violence against women and girls. Our trip coincided with International Women’s Day, and I was privileged to be invited to make a speech at the Prime Minister’s event to over 100 Grenadian schoolgirls—although, I did not expect it to be aired live on Grenadian TV, which was an experience.
I was then delighted to welcome Speaker Cato and the President of the Senate, Dr Williams, to my constituency only a few weeks ago during the 75th anniversary of the Commonwealth of Nations celebrations, which were presided over by Mr Speaker. My brilliant constituency team thoroughly enjoyed discussing with them the day-to-day work of an MP’s office, and heard how this differed from their experiences in some way but also mirrored them in others. We were also joined by Chantelle de Jonge, a Member of the Legislative Assembly of Alberta, in Canada. That is a clear example of how the CPA brings parliamentarians from across different countries together.
Dame Maria Miller
My hon. Friend is talking eloquently and with a great deal of passion about her visit to Grenada. Her visit was just one of a number of different delegations that the CPA UK sends out, thanks to the financial support of this place and the other place, to ensure that Members of Parliament can carry out the work and relationship development she mentions. Does she agree that it is very important that Parliament continues to reiterate its support for CPA UK, given the good store that Members of Parliament set by it? They feel very strongly about the work of the CPA; it is a real priority for parliamentarians. The CPA must therefore continue to be a financial priority for Parliament.
Nickie Aiken
I completely agree, which is why I am fully supportive of the objectives of the Bill.
I also agreed with the hon. Member for Bath (Wera Hobhouse) when she said in Committee that
“this Bill creates equal partners in the Commonwealth, rather than the more outdated model where the UK takes the leadership”.––[Official Report, Commonwealth Parliamentary Association and International Committee of the Red Cross (Status) Public Bill Committee, 6 March 2024; c. 6.]
The Bill provides the necessary delegated legislation-making powers for the Commonwealth Parliamentary Association and the International Committee of the Red Cross to be treated in a manner comparable to an international organisation of which the UK is a member. Due to the powers under the International Development Act 2002 and the International Organisations Act 1968, which is even older than I am, the Government have not been able to treat the Commonwealth Parliamentary Association or the International Committee of the Red Cross as international organisations to which they are party, because neither organisation is an intergovernmental organisation. Instead, both have their own unique constitutional arrangements, reflecting their specific international priorities.
Therefore, it is absolutely necessary to establish special powers to enable the Commonwealth Parliamentary Association and the International Committee of the Red Cross to operate in the United Kingdom. It is welcome that the Bill is supported by parties from across the House. It will provide the International Committee of the Red Cross with more protections for its work. The Bill will ensure that the Commonwealth Parliamentary Association can continue to strengthen democracy and encourage cross-party work. I look forward to supporting the Bill through its stages and once again congratulate my right hon. Friend the Member for Basingstoke on her outstanding work to get us where we are today.
Anna McMorrin (Cardiff North) (Lab)
I pay tribute to the right hon. Member for Basingstoke (Dame Maria Miller), whose dedication and commitment to this matter has been a labour of love over the past two years, and the reason we are all here today. I also pay tribute to my hon. Friend the Member for Ogmore (Chris Elmore), whose work on the CPA, both here in the UK and internationally, has been critical in helping us get to where we are now. I thank the hon. Members for Hyndburn (Sara Britcliffe), for Stoke-on-Trent South (Jack Brereton) and for Cities of London and Westminster (Nickie Aiken) for their support and for their eloquent speeches today.
The CPA is a highly valued organisation. Many of us on both sides of the House have benefited from its work and will continue to do so for years to come, so I am pleased to support the Bill today on behalf of the Opposition. It could not be better timed: we celebrated the 75th anniversary of the Commonwealth earlier this month, with a two-day conference here in Westminster hosted by Mr Speaker. I thank him for doing so, and for his work in pulling the issues together and ensuring that they remain prominent.
The Commonwealth has grown from a group of eight countries in 1949 to a diverse body of 56 nations, with a population of 2.5 billion today. Its members range from large, developed countries to those that are emerging and developing, including some of the smallest nations on earth. I was recently fortunate enough to travel with a CPA delegation to Belize, and it was great to be there as part of my brief in the shadow Foreign, Commonwealth and Development Office team, meeting Members of its Parliament and learning how it works, and meeting officials, committee members, members of the Belize Government and the Speaker. The visit allowed us to build critical relationships and an understanding of the challenges that the country faces. As we have heard from other Members on both sides of the House, these relationships are crucial throughout the Commonwealth, and I think we can all agree that today we should celebrate it for the modern institution that it is—one of which we can be proud.
I also want to put on the record that Labour is keen to ensure that the CPA headquarters stay right here in Westminster, in London, as the Bill intends. Labour is very proud of the CPA’s ongoing role in bringing together and liaising between the Parliaments in the Commonwealth family from the very building that inspired the way in which most of the Commonwealth is governed today. It is important for the CPA to be granted privileges and immunities similar to those enjoyed by comparable organisations such as the Commonwealth Foundation and the Commonwealth of Learning. That enhanced status will strengthen the influence of Commonwealth parliamentarians and give the CPA a more authoritative presence internationally, and I know that Parliaments and parliamentarians across the Commonwealth will welcome it, because it will have a positive impact on the wider Commonwealth and help to maintain unity and stability in times when the international order, parliamentary democracy and human rights face huge and serious challenges.
Dame Maria Miller
The hon. Lady has touched on the importance of the privileges and immunities afforded by the Bill, not only to the CPA but to the ICRC. Does she agree that it is important that the Government have given undertakings that those immunities, when they are set out in secondary legislation, will be discussed in detail beforehand with the necessary parties in both organisations to ensure that the Bill works in the way that is intended?
Anna McMorrin
I absolutely agree with the right hon. Lady, and I will ask that of the Government. I thank her for pointing it out.
I am pleased that the Bill seeks to grant the CPA a bespoke legal status, like that enjoyed by the Inter-Parliamentary Union in Swiss law and by the Assemblée Parlementaire de la Francophonie, our French equivalent, in French law. Holding a legal status akin to our parliamentary strengthening counterparts should enhance the organisation’s standing. If the CPA is not granted this legal status, there is a real risk of inter-parliamentary division and fragmentation, which could have broader ramifications for the unity of the Commonwealth.
The International Committee of the Red Cross is a neutral, independent and impartial humanitarian organisation, mandated by the international community to protect and assist victims of armed conflict and other situations of violence. The ICRC has been granted privileges and immunities by 109 states, and the UK is not one of them. That absence has resulted in significant operational challenges, and the granting of privileges and immunities has become a matter of urgency. Obtaining privileges and immunities in the UK would facilitate the ICRC’s operational capacity to fulfil its mandate and manage its resources in a manner most beneficial to all affected and impacted people. It would also protect the ICRC’s ability to act as, and to be perceived as, a neutral, independent and impartial humanitarian actor, and it would protect the confidential nature of the ICRC’s work.
It is essential that the ICRC remains neutral and independent, as it is only through strict adherence to these principles that it can obtain the trust of parties to and victims of armed conflicts, as well as actors in other situations of violence. This trust is crucial in securing humanitarian access to some of the most contested conflict zones.
This Bill goes a long way in addressing the above and provides the means for the ICRC to obtain only the privileges and immunities strictly necessary for its functioning. This includes immunity from legal processes for the ICRC and its staff, the inviolability of its property, and the protection of confidential ICRC information held by the UK Government from disclosure in legal proceedings.
I ask the Minister to reaffirm his assurances in Committee that the required secondary legislation will be brought forward as soon as possible. Will he commit to consulting both the ICRC and the CPA ahead of that secondary legislation, to ensure the appropriate privileges and immunities for each organisation?
I am pleased to support this Bill on behalf of the Opposition, and I commend the work that has gone into it right across the House, and particularly from the right hon. Member for Basingstoke. If we fail to get this right, it would deal a real blow to the role of this House and the Government on the world stage. It would be seen as a symbol of our lack of commitment, and it would damage the potential of the CPA, a growing and unique global organisation, at a time when we should be redoubling our efforts to engage with our Commonwealth partners and seeking to expand the Commonwealth. I am confident there is a will on all sides to ensure that the Bill succeeds.
The Minister of State, Ministry of Justice (Edward Argar)
It is a genuine pleasure to speak at the Dispatch Box on behalf of my right hon. Friend the Deputy Foreign Secretary, and it is a pleasure for various reasons. I suspect this will be one of my least challenging appearances at the Dispatch Box, because my right hon. Friend the Member for Basingstoke (Dame Maria Miller) has garnered so much support for these measures across the House and in Government.
It is a pleasure to appear opposite, and respond to once again, the shadow Minister, the hon. Member for Cardiff North (Anna McMorrin), who shadowed me in my role before she was moved to a different team. It is also important to put on record our gratitude, as my right hon. Friend the Member for Basingstoke (Dame Maria Miller) did. We are grateful to her, to my hon. Friend the Member for Bridgwater and West Somerset (Mr Liddell-Grainger) for his work, to Stephen Twigg and his staff, to Mr Speaker, and indeed to the Comptroller of His Majesty’s Household, my hon. Friend the Member for Castle Point (Rebecca Harris), who with the Bill, as with many others, has done so much as the Whip to ensure that it has progressed smoothly and is—hopefully —within touching distance of becoming law.
Chris Elmore
I will pay my own tribute to the Comptroller of His Majesty’s Household later, when we come to my Bill. On private Member’ Bills, this shows the House at its best. I think these measures have been debated in a ten-minute rule Bill and a previous private Member’s Bill, and I infer from the right hon. Member for Basingstoke (Dame Maria Miller) that this was a presentation Bill. That shows the importance of the work of the House on a sitting Friday to push through to the other place such legislation, which is so important internationally to so many of our Commonwealth partners, as well as, obviously, the Red Cross.
Edward Argar
The hon. Gentleman is absolutely right. I often say when I am talking to schools or more broadly in my constituency—I suspect he does so in his—that if our electorate want to see the House at its best, they should watch the Chamber on a sitting Friday when we are debating private Member’ Bills: there is often much cross-party co-operation and enlightening debate. One goes away not only having hopefully moved things forward and achieved something, but having learned something.
Before I turn to the substance of the Bill, I have a couple of other points to make. I turn briefly to the suggestion made by my right hon. Friend the Member for Basingstoke and my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken) about, I think, the Canadian Parliament—
Edward Argar
I am sorry; the New Zealand Parliament, which gave the power to the Speaker or the Chair that if a Minister had not been deemed by the Chair to have given a sufficiently accurate or appropriate answer to a question, they could have the question re-put to the Minister. I gently say to my right hon. Friend that while that is an interesting suggestion, it would be entirely redundant in this place, given how Ministers always answer directly the question posed to them as fully and helpfully as they can.
The other reason it is a genuine pleasure to be here is that the Bill has been brought forward by my right hon. Friend the Member for Basingstoke. The hon. Member for Ogmore (Chris Elmore) highlighted that she had been forcefully pushing this issue to a conclusion. I must say that, having had the pleasure of working with her on various amendments to legislation in the past, I have always found it wise to agree with her. I am therefore pleased to confirm the Government’s support for the Bill. It is wise to agree with her, not least because generally she is right in the points she is making, as I know from experience. So it is a genuine pleasure to speak on her Bill on this occasion. I recognise in doing so her work as chair of the CPA as well as her work with the Westminster Foundation for Democracy and the huge value that that adds.
This is a hugely important Bill, reflecting on two important organisations. In what can appear to be a fractured and increasingly dangerous world, it is important that we remember and reinforce the role of democracy as a bulwark against authoritarianism and totalitarianism, and indeed the conflicts that can often flow from those.
In respect of the CPA, my hon. Friend the Member for Stoke-on-Trent South (Jack Brereton) set out clearly the importance of its work to promote parliamentary democracy and good government through a range of activities and in a range of forums. It is open and wide-ranging in its promotion of democracy within the Commonwealth context. It is non-partisan and non-prescriptive. It does a huge amount of work to capture the best of parliamentary democracy across the Commonwealth, propagate it and reinforce it.
It is also important, as the shadow Minister did, to recognise the importance of the Commonwealth in that context. She rightly highlighted its 75th anniversary. It is an institution of enduring success and enduring value. We can genuinely characterise it as the Commonwealth family of nations, because we do view all the other members of the Commonwealth as family, as I hope they would view us.
The ICRC was founded 160 years ago. It is
“an impartial, neutral and independent organisation whose exclusively humanitarian mission is to protect the lives and dignity of victims of armed conflict and other situations of violence and to provide them with assistance.”
That is from the ICRC mandate. Its unique international humanitarian mandate and mission have been formally recognised, as the shadow Minister, the hon. Member for Cardiff North highlighted, by states in the Geneva conventions and their additional protocols. This organisation has unique legitimacy to engage all parties to conflicts and has unparalleled access to vulnerable groups in conflict situations. It is frequently the only agency operating at scale in many conflicts. As we look around the world at the conflicts raging, its work has never been more important.
It is a pleasure to confirm the Government’s full support for the Bill and to thank those Members who have contributed today. As set out by my right hon. Friend the Member for Basingstoke, the Bill will enable the Government to treat the CPA and ICRC in a manner genuinely comparable to that of an international organisation of which the UK or His Majesty’s Government in the United Kingdom are a member.
The UK has, as I have highlighted, a huge and long-standing partnership with the CPA, and we recognise the work it does. The UK also views the ICRC as an essential partner for achieving our global humanitarian objectives, with the organisation having unique legitimacy to engage all parties to conflicts and unparalleled access. It also operates in some of the most challenging situations that anyone could face. Its specialised role in engaging with all arms bearers, including the growing number of non-state armed groups, is coupled with its direct delivery of a comprehensive range of integrated humanitarian assistance and protection programmes.
Treatment as an international organisation will allow both the CPA and the ICRC to deliver their objectives while operating in the UK. In the case of the CPA, it will facilitate the organisation to operate fully across the Commonwealth and international fora, including in areas where it is currently restricted by its charitable status. While it is not possible under the International Organisations Act 1968, as was highlighted by my hon. Friend the Member for Cities of London and Westminster, to accord it the privileges and status it needs, this legislation fills that gap.
For the ICRC, treatment as an international organisation will critically enable it to operate in the UK in accordance with its international mandate, maintaining its strict adherence to the principles of neutrality, impartiality and independence and its standard working method of confidentiality, which is designed to protect its staff and operations in active conflict zones. The public disclosure of information that the ICRC obtains from confidential dialogue with conflict parties is likely to put that at risk. It is also a principle that underpins its ability to operate in dangerous locations on sensitive issues, engaging with state and non-state actors. The Bill has therefore been amended to include a provision for the protection of certain information related to the ICRC’s sensitive work that it has provided in confidence to His Majesty’s Government, to stop it being used in court proceedings, except for criminal proceedings. The Government consider this provision necessary, but proportionate.
Treatment as an international organisation includes the provision of privileges and immunities necessary to meet the functional needs of the CPA and ICRC in the UK. In providing these privileges and immunities, we will strengthen our partnerships with both the CPA and ICRC respectively. It will enable these two key partners to better deliver their objectives.
The list of privileges and immunities that might be conferred on the CPA and ICRC have been informed by the 1968 Act. That will allow the Government to agree a framework that is unique and appropriate to each organisation’s unique mandate. The actual suite of privileges and immunities to be accorded, including relevant exceptions and limitations, will be determined based on the functional need of each organisation and will be specified in secondary legislation and Order in Council. For example, the arrangements will make it clear, as is standard practice, that there will be no immunity from legal suit in the case of a motor traffic offence or damage caused by a motor vehicle.
The financial implications of the Bill are minimal, and there will be little or no loss of revenue as a result of the fiscal exemptions or relief, which again will be granted by delegated legislation through the provisions in the Bill. As is standard practice for international organisations, certain taxes will be refunded in accordance with the separate arrangements between the Government and the CPA and ICRC, respectively. In response to a point made by my right hon. Friend the Member for Basingstoke—the shadow Minister kindly gave me advance warning that she would also raise it in her speech—I am happy to reconfirm that the specific arrangements will be drawn up in active consultation with the CPA and with the ICRC, respectively.
Dame Maria Miller
I realise that the Minister is making a Third Reading speech so it is important not to go into detail, but this element was introduced in Committee, and we did not have the advantage of a Report stage. I would like to press the Government on this particular point, because the privileges and immunities section of the Bill is clearly set out but it is important that those affected by the Bill understand that those privileges and immunities are yet to be agreed with the Government. It is important that they are agreed well in advance of being laid before Parliament, so that everybody can be sighted on what they mean in practice.
Edward Argar
As ever, my right hon. Friend is right. Therefore, subject to the passage of this legislation and prior to those regulations being introduced, until they come into force, they do not come into force. We will work closely with those organisations so that when those regulations are laid and approved, hopefully there will be no surprises in them because they will have worked collaboratively with us to draw them up.
The arrangements will detail the day-to-day management of the privileges and immunities granted to both organisations on a functional need basis, and other facilities. Furthermore, administration of the arrangements will be resourced from the existing resources responsible for managing privileges and immunities with international organisations in the UK.
The Bill strengthens our commitment to the work of the Commonwealth and our support of democratic legislators through our work with the CPA. It will also support the FCDO’s global humanitarian objectives, ensuring that the UK remains at the heart of an unrivalled global network for economic, diplomatic and security partnerships through our work with the ICRC.
Hon. Members raised a couple of points, which I will turn to before concluding. I was grateful to my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken) for a wide ranging, informative and typically well-informed contribution. Craving your indulgence, Madam Deputy Speaker, may I take just a minute, as I am conscious that my hon. Friend has announced that she will not seek re-election at the next general election, and who knows whether I will get another opportunity at the Dispatch Box? Let me put on record my gratitude to her for everything she has done. She and I served together as fellow ward councillors on Westminster City Council before I was elected to this place and she was subsequently elected. She is a fierce champion for what she believes to be right for her constituents and her community, and she has demonstrated that as a councillor and leader of the council and now as a Member of Parliament. She will be hugely missed by her constituents and by this House.
My hon. Friend the Member for Hyndburn (Sara Britcliffe) asked what support His Majesty’s Government will give, beyond this legislation, to both the organisations that we are debating. His Majesty’s Government give the ICRC £48 million of core funding annually, and up to £100 million in bilateral donations. We have a long-standing and robust relationship with the ICRC and a track record of supporting it. My understanding is that we fund CPA International to the tune of £196,000, and we give CPA UK £235,000. We support them through not only this legislation and what we say in this House but tangible financial support.
In an ever more challenging global context, His Majesty’s Government and my right hon. Friend the Foreign, Commonwealth and Development Secretary remain committed to working with and supporting the work of the CPA and the ICRC. This Bill gives both organisations the status in legislation that they need and deserve to continue their international operations without impediment; it reflects our commitment. I once again congratulate my right hon. Friend the Member for Basingstoke. The Government continue to support the Bill, and I commend it to the House.
Madam Deputy Speaker (Dame Rosie Winterton)
With the leave of the House, I call Dame Maria Miller to wind up the debate.
Dame Maria Miller
I thank the Minister for his comments. I am grateful to everybody who took part in the debate, including my hon. Friends the Members for Hyndburn (Sara Britcliffe), for Cities of London and Westminster (Nickie Aiken) and for Stoke-on-Trent South (Jack Brereton), the hon. Member for Ogmore (Chris Elmore)—I give him a special call-out, as he is the treasurer of the CPA—and the hon. Member for Cardiff North (Anna McMorrin). I thank them for their fulsome support for this Bill.
I particularly thank the Minister for setting out so clearly how he will treat the secondary legislation that is required to make this Bill work. I join him in thanking the Comptroller of His Majesty’s Household, my hon. Friend the Member for Castle Point (Rebecca Harris), whom I did not thank earlier. We are never quite sure how to thank Whips in this place, but I thank her very much for her incredible support—she is involved in all things to do with the FCDO.
I thank everybody in the House of Commons for their great support in recognising the ICRC and the CPA as international organisations. This Bill will help both organisations to do their jobs even better. I thank the Minister and his colleagues at the FCDO for their unstinting support, which I hope continues as the Bill passes to the other place.
Question put and agreed to.
Bill accordingly read the Third time and passed.
Commonwealth Parliamentary Association and International Committee of the Red Cross (Status) Bill
Monday 29th April 2024
(7 months, 3 weeks ago)
Lords ChamberRead Full debate Commonwealth Parliamentary Association and International Committee of the Red Cross (Status) Bill 2023-24 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 6 March 2024 - (6 Mar 2024)
Commonwealth Parliamentary Association and International Committee of the Red Cross (Status) Bill
Friday 17th May 2024
(7 months ago)
Lords ChamberRead Full debate Commonwealth Parliamentary Association and International Committee of the Red Cross (Status) Bill 2023-24 Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 6 March 2024 - (6 Mar 2024)
Baroness D'Souza (CB)
My Lords, before moving to the substance of the Bill, I will say how much I welcome, with a heavy heart, the valedictory speech of the noble Earl, Lord Sandwich, who has been a stalwart on the Cross Benches for many decades. We hope very much that he will continue to talk and write on those subjects in which he has long experience and great expertise. I look forward to that, but, as I say, with a heavy heart.
This is a short and, I trust, uncontroversial cross-party Bill which has come to this Chamber having passed Second Reading unanimously in the other place. In brief, the Bill seeks to alter the legal status of two international organisations: the Commonwealth Parliamentary Association, in respect of which I declare an interest as a member of the executive committee; and the International Committee of the Red Cross. Both organisations have their own unique constitutional arrangements, reflecting their specific mandates, which now need to be updated.
The Bill will enable the Government to treat the CPA and the ICRC in a way comparable to other international organisations—for example, the Inter-Parliamentary Union in Swiss law and the Assemblée parlementaire de la Francophonie in French law. Prior to the Bill, this was not possible because neither organisation fell within the scope of existing powers under the International Organisations Act 1968, as neither organisation is an inter-governmental body.
At present, the CPA operates as a UK-registered charity regulated by UK charitable law. It is sometimes perceived as a UK institution, rather than an international one. The organisation builds support for parliamentary democracy by recognising, with a non-partisan approach, the national and sub-national contexts of its members. The organisation, reflecting the wider Commonwealth, with 108 member Parliaments, wishes to have the freedom to undertake wider activities in promoting democracy and protecting the values and principles set out in the Commonwealth charter. In so doing, the CPA secretariat would be able to enjoy privileges and immunities, as set out in Part 2 of the Schedule, similar to those of the Commonwealth Foundation, Commonwealth of Learning and any number of other international organisations.
The ICRC operates in accordance with its international mandate of strict adherence to principles of neutrality, impartiality and independence, as well as its working method of confidentiality. This necessary confidentiality extends to court testimony and is accepted by the UK informally. However, UK law, unlike that in other countries in which the ICRC operates, does not provide statutory protection for this fundamental working practice, most especially in conflict zones. The Bill is therefore crucial in enabling ICRC life-saving humanitarian activities, in conformity with its fundamental principles.
This paving Bill, having six clauses and one schedule, creates the power, by means of an Order in Council, to confer the legal capacity of a body corporate on the CPA and the ICRC. Clauses 1 and 2 specify the secretary-general of the CPA and named officers of the ICRC who may be accorded privileges and immunities. These privileges and immunities do not extend to those other than the secretary-general of the CPA and do not affect branches. In the case of the ICRC, the Bill allows for certain confidential information that the ICRC shares with the UK Government to be exempted from legal disclosure requirements, whether in civil UK court proceedings or in tribunals. It grants both organisations certain privileges and immunities commensurate with each of its functional needs, and it provides that references to international organisations in general legislation henceforth include the CPA and the ICRC.
The Bill will allow bespoke enabling powers, by means of secondary legislation, for the CPA and the ICRC to operate as international bodies in the UK, with the attendant privileges and immunities. The powers specific to each organisation will be subject to the monarch’s approval and draft affirmative parliamentary procedure, which requires the approval of both Houses of Parliament.
The exact privileges and immunities for both organisations, their property, information and personnel, set out in Parts 1 and 2 of the Schedule, will be drawn up by the Government according to the functional needs of both organisations and will be detailed in separate written arrangements. Those arrangements will be agreed with both the relevant organisations through prior consultation. These privileges and immunities would normally refer to immunity from such things as legal process, inviolability of archives and premises, and exemptions from tax and duty, as set out in Article 23 of the 1961 convention articles.
There are clear reasons why this status should be conferred on both the CPA and the ICRC. The CPA’s current legal status has been a contentious topic of discussion for many years within the CPA, and many previous attempts to remedy it have led to frustration and even threatened the CPA’s stability due to possible fragmentation. Several member countries have said that membership fees might be withheld if action such as that set out in this Bill was not forthcoming. Given that the CPA is almost 90% dependent on membership fees for its operations, this would be a serious blow. The CPA governing body agreed at the CPA’s annual conferences of 2022 and 2023 that should a new legal status fail to be achieved, the headquarters should be relocated to a member state that would provide the organisation with such legal recognition and the related privileges and immunities. Given that the overwhelming majority of other Commonwealth organisations are headquartered in the UK, this would affect the UK’s involvement, in part due to its regular links with the number of Commonwealth diplomatic missions based in London.
The new legal status would strengthen the influence of the CPA and provide for a more authoritative international presence. For example, at a time when the international order, parliamentary democracy and human rights generally face serious challenge, a new status will encourage members to work together on a level playing field and occupy equal standing in international forums. Above all, gaining international status would enable other parliamentary strengthening partners to see the CPA as a credible, and possibly even preferred, partner for those legislatures involved in capacity building.
The ICRC’s unique international humanitarian mandate and mission have been recognised by more than 110 states, which have accorded it international organisation status. This Bill would ensure that equivalent treatment was given to the ICRC within the UK legal system. The relevant privileges and immunities granted are crucial if the ICRC is to continue its UK operations in accordance with its international mandate.
I very much hope that this paving Bill will have an uncomplicated passage in your Lordships’ House. There will be an opportunity later in its passage to thank all those who have long worked to bring it to this advanced stage and, with luck, on to the statute book. Meanwhile, I beg to move.
Baroness Anelay of St Johns (Con)
My Lords, I congratulate the noble Baroness, Lady D’Souza, on sponsoring the Bill and on her cogent explanation of its importance. I also congratulate my right honourable friend Dame Maria Miller on her leadership on this Bill in another place, where she secured cross-party and government support.
I strongly support the Bill. It is right that the Bill should change the status of the CPA and the ICRC to ensure that the Government can treat them in a similar way to that in which they treat international organisations of which the UK is a member. Currently, neither organisation falls within the scope of existing powers, as the noble Baroness, Lady D’Souza, explained. Therefore, the Government cannot confer on them the legal capacities of a body corporate unless this Bill is passed, nor grant the organisations and their staff privileges and immunities that are appropriate for their functional needs.
As a member of CPA UK, I have been impressed by the opportunities we are given to liaise with and learn from fellow parliamentarians across the Commonwealth. In particular, I commend the training relating to membership of Select Committees. In addition to having discussions in Westminster with members of other visiting Commonwealth parliamentary select committees, I was a member of a small delegation to Botswana to meet members of several of its parliamentary select committees. Throughout this process, we were learning from each other. As Chair of the International Relations and Defence Committee of this House at the time, I found that very productive.
The CPA advises us that, as a UK charity, it is limited in its ability to carry out certain activities that would assist in promoting democracy, human rights and democratic values within the Commonwealth. It is therefore all the more important to pass this Bill, which would enable the CPA to widen its activities and participate in an even more active promotion of democracy.
The importance of the work of the ICRC is very well known. Within a month of being appointed as a Minister for Human Rights about 10 years ago, I visited its headquarters in Geneva and met Peter Maurer, its then president. Under his redoubtable leadership, the ICRC carried out humanitarian work in more than 80 countries. That invaluable work continues apace today.
Until now, the UK has not taken steps to grant the privileges and immunities to the ICRC that have already been granted by more than 100 other states. We can put that right by passing this Bill and protect its ability to act as, and be perceived as, a neutral, independent and impartial humanitarian actor that protects the confidentiality of its work where it is appropriate to do so. I note that parts of Clause 2 put into effect an amendment that was agreed in another place to provide for protected ICRC information to be exempt from disclosure except in circumstances where there was a court order in criminal proceedings or where information had been published by the ICRC. That seems an appropriate way forward, and I cannot see the need for any further amendments to the Bill.
I am keenly aware of the trust put in those who work for the ICRC by people who live in traumatic circumstances, enduring armed conflict and other situations of violence around the world. Privileges and immunities are indispensable tools for the ICRC to carry out its vital work.
I join the noble Baroness, Lady D’Souza—I call her my noble friend—in looking forward to hearing from the noble Earl, Lord Sandwich. My only disappointment is that it will be his valedictory speech. He has been a stalwart Member of this House, maintaining high standards of informed contributions to our debates and to the work of all-party groups such as that on Sudan and South Sudan. I thank him.
I support the Bill and wish it swift progress through this House.
Baroness Taylor of Bolton (Lab)
My Lords, the noble Baronesses, Lady D’Souza and Lady Anelay, have outlined out in some detail why this Bill is necessary—I congratulate the noble Baroness, Lady D’Souza, on sponsoring it. We should also congratulate Maria Miller in the Commons, who has brought this issue forward time and again and been persistent in ensuring that progress was made. It is clear from what has been said already that we need this legislation to give extra protection to the Commonwealth Parliamentary Association, and I want to say a few words about why the CPA is worth supporting and assisting in this way. It is unusual legislation, as has been mentioned, but it is justified, and I am really pleased that this issue will be resolved.
I think that many Members know that I had a long parliamentary career in another place. During that time, I did not have a great deal of contact with the CPA; I did not go on many delegations, but I occasionally met people who were here. That was partly because I had young children; it was also because I was on the Front Bench—the successful one and the other one on different occasions. That is very time consuming—I see the Whip nodding—and Members of Parliament do not always get the time to think of these wider issues in the way that they would wish.
Like the noble Baroness, Lady Anelay, especially when I was Minister for Defence and International Security, I did travel—and on those ministerial visits you very often meet other Ministers and members of the Executive, or speaking at conferences. All that was very useful and could be productive; it could be frustrating, but it was productive at times as well. During my time on the Back Benches in this House, I have had the time and privilege to be a member of two or three CPA delegations and I have to say that it opened my eyes to the fact that a CPA delegation—parliamentarians to parliamentarians—is actually somewhat different from any other contact that we have, whether as Ministers or in any other role.
Perhaps it is hard to put a finger on it, but you can see areas of joint concern, such as codes of conduct, registrations of interest and things of that kind. That two-way discussion has a different dynamic from the ministerial Executive-to-Executive discussions. It is a great help to parliamentarians, and I think it will continue to be important as parliamentarians around the world face new challenges, such as those that come with social media, which are affecting all of us and which we need to think about together as we consider how to prepare and defend ourselves in those circumstances.
Another aspect of CPA work that has been particularly valuable has been learning from each other and spreading best practice. It can be interesting and it can be challenging. I recall chairing a mock Select Committee hearing, where I was asked what I would like the topic to be. I said that I would like it to be domestic violence, because that was a particular problem in that particular country. Bringing people together and showing how a Select Committee can be constructive even in difficult circumstances was very valuable there. I recall meeting a new chair of a country’s PAC and inviting them back here to meet and talk to people here. We also have a network of clerks from the Commonwealth who reinforce each other’s experience and have a camaraderie, which is very important.
I also want to emphasise that this is not one way. When I was Leader of the House of Commons in 1997 and established the modernisation committee, one thing that we heard about was another Commonwealth country that had a second Chamber to allow debates on constituency issues and particular topics. It was that experience and that learning that led to the creation of the Westminster Hall debates, which have been very valuable for Members of Parliament. So the CPA helps us as well as it helps other people. If we are intent on protecting parliamentary democracy, we should continue to give the CPA all the support that we can.
Lord St John of Bletso (CB)
My Lords, I shall be very brief. I put my name down to speak in this debate because I have had a long-standing interest in the work of the CPA and the commendable work of the Commonwealth and the Red Cross. I also put my name down because, as a Cross-Bencher who has sat next to my noble friend Lord Sandwich for more than 20 years, I wanted to commend him for his extraordinary work.
The Commonwealth and the CPA have achieved so much after so many years in promoting collaboration between the 56 member states, strengthening parliamentary democracy, assisting those who are sadly victims of conflict and violence and promoting humanitarian relief.
I shall briefly talk about my noble friend Lord Sandwich. He has worked tirelessly, as many noble Lords have mentioned, in international development, promoting humanitarian aid, poverty reduction and conflict resolution with countries including Sudan, Ethiopia, Yemen, Myanmar, Afghanistan and many others. He will be sorely missed in your Lordships’ House.
I addressed the Digital Commonwealth Mansion House summit just two weeks ago on delivering fit-for-purpose cross-border regulations on digital assets across the Commonwealth, which will hugely enhance financial inclusion, promote innovation and, just as importantly, provide more accountability. I have always had huge respect for the exceptional work of the CPA, as well as the International Committee of the Red Cross. My noble friend Lady D’Souza has eloquently covered all the objectives and the provisions of this Bill, which I shall not repeat, but they are compatible with the European Convention on Human Rights. The point was well made that, without this Bill, there would be a strong possibility that the CPA would need to relocate its headquarters outside the UK.
In conclusion, it is rare, ahead of a forthcoming general election, that there is cross-party support for a Bill. In this regard, I wish the Bill a speedy passage.
Lord Howell of Guildford (Con)
My Lords, I declare an interest as president of the All-Party Parliamentary Group on the Commonwealth. Like others, I am greatly looking forward to hearing the valedictory speech from the noble Earl, Lord Sandwich. I cannot quite understand why he is going, actually—he seems to be quite a young man to me. His speeches are very young indeed, and of course we shall miss them, because he covers the whole world with great acumen and perception.
Like others, I warmly welcome the Bill. I shall talk entirely about the Commonwealth Parliamentary Association aspect and leave others to deal with the ICRC. I know it may not excite headlines, but there are some important messages about our future and the world ahead contained in this legislation. I congratulate Dame Maria Miller on her persistence in bringing it forward—because of course it is not a new Bill or a new idea—and I congratulate the noble Baroness, Lady D’Souza, on promoting it in her excellent opening speech.
There are those who belittle the Commonwealth as a yesterday affair, but this really betrays a total misunderstanding of the way in which the world is going and the Commonwealth is evolving, and of its centrality to Britain’s position in an utterly transformed world. The CPA is a network within an even bigger—indeed, gigantic—network covering almost a third of humankind. Our late Queen called the Commonwealth an entirely new conception and
“in many ways the face of the future”.
Obviously, it is so statistically, since 66% of its 2.6 billion members are under 29. Far from declining or failing, it is actually growing in membership, with more states applying or interested all the time. In fact, it has become, and has been described by experts as, a haven for independent nations, large and small, young and older—the so-called “neo non-aligned countries”—in what is seen as a divided world of great power hegemonies, from both of which they want to stay as clear as possible.
In a multipolar and populist-driven age, international organisations are becoming much less the monopolies of Governments and remote officialdom and far more the province of popular involvement and influence of peoples as well as Governments—that is, of soft power and understanding as against openly aggressive positions and disputes. So here is an increasing middle ground between citizens and the state, the public and the Executive, with dwindling trust on either side. On that middle ground sit parliamentary institutions of many shapes and sizes. So it is vital that Commonwealth Parliaments should have their proper status and platform in the changing global democratic architecture, both drawing from it and giving strength to it, as the noble Baroness, Lady Taylor, rightly emphasised. The Bill greatly helps to consolidate that status.
I know that diplomats, even in our own great Foreign, Commonwealth and Development Office, are sometimes puzzled by the Commonwealth’s status, being half a people’s affair, half governmental and official. They are puzzled by where and how it fits in to the transformed international order, if order is what we call it. The Bill will remind everyone that in this new landscape, the associations and alliances of peoples that endure will be those that are voluntary, like-minded, not overcentralised, and generally upholding the rule of law, implemented by independent judiciaries.
Maybe Commonwealth Governments and leaders differ and argue, as they do, on specific issues, but what unites them is now becoming stronger all the time than what pulls them apart, because it is rooted in the ancient principles emanating from this old nation of ours, established painfully over centuries; namely, free speech, parliamentary government and democratic practices, which of course means not just elections but the behaviour of democracies, by which I mean the upholding of human rights, courtesy, honesty in presenting issues to the people, respect, good manners—very important—and many other qualities you cannot actually enshrine in law but are essential to make democracies and parliamentary systems work. Of course, most of the Commonwealth is bound by the common language of English, which is now the protocol of the planet.
Parliaments will pay a bigger role in preserving our freedoms in the future, or at least they will if they reform themselves, adjust to the new age of internet governance and use much smarter methods to call the Executive to account than we do at present. We will find that the Commonwealth will play a larger, not a smaller, role in the future international networks of the parliaments of this planet. This Bill brings that future, clouded though it may sometimes seem by the present turmoil and troubles, a little nearer and it deserves our strongest support and commitment, without doubt.
Lord Leong (Lab)
My Lords, it is a pleasure to follow the noble Lord, Lord Howell of Guildford, with his staunch support of the Commonwealth. He is a former president of the Royal Commonwealth Society, of which I am a friend. I declare my interests as set out in the register, as the former chair of the Council for Education in the Commonwealth. I thank the noble Baroness, Lady D’Souza, for introducing this very important Bill in the Lords, and the right honourable Member for Basingstoke for her championing of the Bill in its legislative journey.
The Commonwealth of Nations, as a unique non-treaty organisation, is a voluntary association of 56 independent and equal countries. Its great value is its incredible diversity. If the Commonwealth has a superpower, I think it might be the rich insight that its diversity brings to its 2.6 billion citizens. Commonwealth nations comprise some of the world’s largest and smallest nations geographically; some of its richest and poorest countries economically; and some of its most populous nations and some countries with among the smallest populations in the world. Yet, despite these incredible differences in scale, history, climate and economy, they work together with common values in pursuit of shared goals. Its members are bound together by adherence to certain shared values and principles, as set out in the Commonwealth charter.
In my previous career as a publisher, I was privileged to visit more than 40 Commonwealth member states. I spoke at several conferences of Commonwealth Education Ministers, one of which happened just this week, as well as attending many of the important Commonwealth Heads of Government Meetings. This experience has enabled me to see, first-hand, the fantastic work done and contributions made by many of the 87 Commonwealth-accredited organisations. This particular and important legal status is conferred on certain bodies by their being intergovernmental organisations; for example, the excellent Commonwealth Foundation and the Commonwealth of Learning.
This brings me, not too belatedly, I hope, to the purpose of the Bill. The Commonwealth Parliamentary Association—CPA—plays a pivotal role in the promotion of democratic governance across the Commonwealth of Nations. It is the glue that binds these diverse nations together and one of the oldest organisations within the Commonwealth. The CPA’s constitution requires it to pursue the positive ideals of parliamentary democracy, and the core values and principles of the Commonwealth on democracy, development, equality, gender, human rights and the protection of the environment, as declared by the Commonwealth charter. The CPA has played an essential role in promoting these values, and in training Commonwealth parliamentarians and their staff to embody and uphold them.
The CPA currently supports some 17,000 elected members and their staff. It operates in all the Commonwealth regions, across 180 branch legislatures and in nearly all the member nations. It is something of an anomaly, then, that the CPA does not have the status of an international organisation, because technically it is not intergovernmental. It is, in fact, a UK-registered charity, as mentioned by several noble Lords, headquartered here, within the Westminster Parliamentary Estate. The Bill seeks to resolve this issue. Changing the status of the CPA to make it an “international interparliamentary organisation” will strengthen the organisation and enable its staff to avail themselves of additional immunities and privileges, as several noble Lords have said, as they strive to uphold the values we all hold so dear, in sometimes challenging environments.
In our increasingly dangerous world, with autocracy on the rise, the CPA will play a vital role in supporting Commonwealth parliamentarians and the soft power of the Commonwealth in ensuring that we hold firm to the essential values of the charter. It will help keep the flame of hope alive, providing a beacon against the deepening political darkness and ensuring that we can light the way for our diverse family of nations, so that the next generation of politicians can continue fighting for our shared values: respect for all other states and peoples, concern for the vulnerable, democracy, human rights, and the rule of law. I hope noble Lords will join me in supporting the Bill.
Before I sit down, I just wish to say that, as a relatively new Member of this House, I have not had the pleasure of meeting the noble Earl, Lord Sandwich, but I really look forward to hearing his valedictory speech, which I regret will be his last.
Lord Verdirame (Non-Afl)
My Lords, I welcome this Bill and I commend the noble Baroness, Lady D’Souza, for sponsoring it. It is a privilege to speak before the noble Earl, Lord Sandwich. As a relatively new Member of this House, I look forward to his speech and I am sorry that it will be a valedictory speech.
I will focus my remarks on the ICRC. Of the two institutions, it is the one with which I am more familiar, both through my practice at the Bar and through my work as an international law academic. In fact, my academic home for many years was the Lauterpacht Centre for International Law in Cambridge, which hosted the ICRC and British Red Cross researchers who worked on the Customary International Humanitarian Law Project. Promoting and working for the faithful application of IHL is one of the core functions that the ICRC has under the Geneva conventions, but of course most of the ICRC’s work is on the ground. Its key functions under the conventions include assistance to victims of armed conflict and, very importantly, serving as an intermediary between parties to armed conflicts. It is especially for this work that the ICRC needs at least some of the privileges and immunities normally accorded to international organisations.
That said, the grant of privileges and immunities is not something that should be agreed to lightly. It means, in effect, that organisations, individuals and their activities are placed outside the reach of the law. The approach of the Bill, quite sensibly, in my view, is to look at the International Organisations Act 1968 as the model. That means that the specific extent of the privileges and immunities that are to be granted to the ICRC and to the CPA is going to be set out in an Order in Council. There is, however, one important difference. Section 1(6) of the International Organisations Act provides that the Order in Council
“shall be so framed as to secure … that the privileges and immunities conferred by the Order are not greater in extent than those which, at the time when the Order takes effect, are required to be conferred”
under the relevant treaty; in other words, in deciding how much immunity and how many privileges are to be granted to an international organisation, His Majesty’s Government would begin by looking at what the relevant treaty says. These treaties will normally be very complex and detailed legal documents such as the UN Convention on the Privileges and Immunities of the Specialized Agencies.
In the case of the CPA and the ICRC, we do not have a treaty that sets out all of the detailed provisions. In paragraph 4, the Explanatory Notes say:
“It is proposed that the Government will conclude written arrangements with the ICRC and CPA which will set out the parameters of the status change. They will include the privileges and immunities which the Government has decided to confer on the organisations”.
Differently from the case of international organisations under the International Organisations Act, we will get the legal document that specifies the extent of the privileges and immunities after the legislation. The document will not be the result of a treaty-making process, but it will reflect what the Government consider appropriate to grant. As I said, the analogy between the ICRC and international organisations, while not a perfect fit, is the best we have. I appreciate that the approach proposed by the Bill remains the most practical one.
It is important to be reassured that the arrangements, which will eventually be agreed with the ICRC and the CPA, will be subject to parliamentary scrutiny. The arrangements will not be a treaty, so they fall outside the scope of the Constitutional Reform and Governance Act 2010. They do not need to be laid before Parliament prior to ratification and there will not be a ratification process in that sense. Given that the arrangements will end up shaping the extent of the immunities that these institutions will be granted under our law, it is appropriate that your Lordships’ International Agreements Committee should scrutinise them.
Others have touched on the important issue in Clause 2 around the protection of confidential ICRC information. I think the reasons for this are compelling, and the definitions of the key terms of “protected ICRC information” and “confidential” are clear and would work well. There is a separate provision on evidence in Clause 3, which mirrors a mechanism we have under other immunity statutes: that the Foreign Office can provide certificates that are conclusive as to the issue of fact relative to the question of immunity. The Foreign Office—I know this from personal experience, having worked on a number of these cases—uses the power very sparingly, and I am sure it would continue to do so. With that in mind, I very much welcome the Bill, and I too wish it a speedy passage.
The Earl of Sandwich (CB) (Valedictory Speech)
My Lords, it is a privilege to be sandwiched between two younger Members of the House, and to hear what they think.
I thank my noble friend for presenting the Bill with clarity and, in doing so, I must thank her for her friendship over many years, in and outside the House. This is also my opportunity to say a few words before I retire. I thank the other speakers for what they have kindly said.
I have known of the Red Cross ever since the last war, when our home near Huntingdon became a hospital. I came to respect the ICRC soon after I joined Christian Aid in 1973, and I often worked alongside the British Red Cross during emergency appeals. On visits to Geneva, I learned more of the work of the ICRC, going back to the Battle of Solferino. It is remarkable that an organisation so skilled in secret political negotiation has not already had diplomatic status with us. The Bill is putting that right.
I strongly support the Bill and its addition of the CPA. I know the CPA to be a vital organisation, as has been said, linking Parliament with the Commonwealth. It must not be encumbered by UK charity law if it is to be a force for parliamentary work, and it should be able to make statements about parliamentary obligations. I totally agree with what the noble Lord, Lord Howell, and others have said about the virtues of the Commonwealth; I only wish that the Commonwealth itself would play a stronger role in international affairs. Perhaps this Bill will help.
I will briefly mention the work of the ICRC and Red Crescent during the civil war in Sudan, where they have 4,000 volunteers working on the front line. These aid workers are often casualties of war, as in Gaza, and two ICRC drivers were killed in Darfur only recently. One of the critical areas of work, alongside emergency aid, is the location of missing persons—an absolutely vital task. Aida Al-Sayed Abdullah, Secretary-General of the Sudanese Red Crescent, said:
“Our staff and volunteers distribute food and essential items, provide psychological support, and search for the missing. We urge the international community to increase their support …We cannot let Sudan become another forgotten crisis”.
In fact, it has been forgotten.
For many years, I have been a member of the Sudan all-party group, now energetically chaired by Vicky Ford MP. Sadly, we hear and publish regular reports of the progressive destruction of the country by two warring generals and the consequent appalling loss of life and malnutrition. A pointer for us is that the Sudan war is generating more displaced people than any other country. This means that a high number of refugees are escaping from Sudan every day, falling into the hands of traffickers on their way to small boats bringing them to this country. We are not doing enough to work with our European and Commonwealth friends to reduce these numbers.
Finally, I much regret having to announce my retirement on Monday from the House owing to ill health—as you can see, I get short of breath. I am grateful to my noble friends on the Cross Benches, who have literally given me a second career of nearly 30 years. I know I was chosen because I had worked with several aid NGOs, including Christian Aid and Save the Children, notably on Africa but also on India, where my wife, Caroline, and I lived for nearly a year.
My title comes from the family naval tradition, starting with Charles II’s senior admiral, Edward Montagu, the 1st Earl of Sandwich. I have also declared another important historic interest in the register: this is the family that brought you fast food, first tasted by John, the 4th Earl of Sandwich. There is one story about him which says that, when he first came into the House, he found so many Viscounts in his place that he said, “My Lords, I know not where to sit”, and so ended up on the Cross Benches. My father refused to come here from the House of Commons, and said it was stuffy—how wrong could he be?
Seeing the noble Lord, Lord Howell, reminds me of our great campaign to persuade another place to allow us to discuss foreign affairs. With Lord Elton and the noble Baroness, Lady Anelay, we had all been pushing for this. Can you believe they would not let us do it? But it happened. I must also mention the excellent Beyond Pills All-Party Group, in which my noble friend Lord Crisp is a leading light.
I think 81 is the right age to move aside. In saying this, I urge the House to reappoint the Lord Speaker’s committee on Lords reform. The noble Baroness, Lady Taylor, knows all about this. The committee should look now at the incremental reforms proposed by the Norton group and the Burns report, before someone else takes over as Prime Minister and tells us what to do. Here, I am inspired by Carmen, the noble Baroness, Lady Smith of Llanfaes, our youngest Member, from Plaid Cymru, who is in her place and who says that she will do her duty right up to abolition.
I am grateful to all my “roommates”—predominantly the noble Viscount, Lord Craigavon—and Cross-Bench colleagues who are here today, as well as to the Convenor and the usual channels, today’s smiling Front Benches, the clerks, of course, and all the doorkeepers and staff, for making this such a wonderful place to work. Thank you very much.
Lord Haselhurst (Con)
My Lords, I still find it very daunting to address your noble selves with my opinions on and experiences of certain things, but I feel extremely humble in the wake of what we have just heard. I am sure that there will be other occasions, too, when the noble Earl, Lord Sandwich, will receive the thanks and gratitude of so many of us.
I hope that the Red Cross will not think that it has been neglected today, but I think it can be said that, whenever we have referred to the CPA, we have embraced it, because it is in the title of the Bill. The problem we are dealing with today has been a feature of both organisations and an irritant at the same time.
I had the honour of being the chairman of the Commonwealth Parliamentary Association for a three-year period. Looking back, in my speech urging members to choose me as their next chairperson, I—perhaps foolishly—gave the impression that they only had to choose me and this irritant that had obstructed much of the work of both organisations would be dealt with. After my election, the question of why I had not achieved it was brought back to me all the time. Well, I congratulate Maria Miller in the other place and the noble Baroness, Lady D’Souza, in this place on tackling this so comprehensively.
After a period of time in the original Commonwealth Parliamentary Association, we began to see a women’s organisation within it. Then, there was a separate arrangement for the small jurisdictions, which, in many cases, have wildly different issues compared with many of the other larger countries. I am thinking, of course, of those jurisdictions in the Pacific Ocean that are not just concerned with improving their quality of life on a daily, weekly, or monthly basis, but are vulnerable to disappearing altogether.
The seminar is one of the features of this Parliament’s interest in the continuation of a Commonwealth Parliamentary Association and our membership of it. It is a great feature of what is offered to parliamentarians across the Commonwealth. I saw them coming and being asked to give their names, what they did and so on. It was very calm, but people felt nervous about coming in front of a lot of other people and they were not sure how they would get on. Five or six days later, when they had had the full benefit of this seminar, the mood among those people from across the globe was so much better. There were in-jokes between them on certain issues, and that is a pathway that has led to much better co-operation, on a continuing basis, with all the other countries and jurisdictions of the Commonwealth.
However, there was the business of not being able to have the rights that the Bill from the noble Baroness, Lady D’Souza, seeks to put upon them. The fact of the matter is that we could not get it through. Now, there is a unanimous feeling both in the other place and in your Lordships’ House. I have seen proof of how nations can come together and how people can begin to understand each other, for example in the smaller organisations such as the women’s organisation that I mentioned. I am also passionate about getting more young people involved, to hear from them at their level. At conferences, I have on occasion heard some outstanding speeches from young people.
The CPA is a forum in which to deal with matters that upset us from time to time, and this piece of legislation is absolutely essential. As King Charles said on adopting the post of patron of the organisation, this is a great opportunity for people to come together. We want the young people of the Commonwealth to come together, and then we can all benefit.
Baroness Bottomley of Nettlestone (Con)
My Lords, I am delighted to be able to speak in the gap, first to congratulate Dame Maria Miller, the noble Baroness, Lady D’Souza—honorary graduate of the University of Hull—and all those other people who have made this extremely sensible and necessary Bill possible. We all turn to my noble friend Lord Howell if we want to understand the profound significance of the Commonwealth today; no one is more eloquent or articulate.
There are 180 legislatures, 53 countries and 17,000 parliamentarians in the Commonwealth. It is an odiously fractious, lawless, dangerous world: we did not think that we would see war in Europe in our generation again. This is a deeply distressing and alarming situation, in which the Commonwealth plays such a critical part. We appreciate what this legislation will do to secure it and to enable it to be even more effective.
I particularly thank the noble Lord, Lord Verdirame, for his comments about the ICRC. Although I appreciated its work, he was fascinating in illuminating it further. My own grandfather was secretary of the League of Nations Union in the run-up to the Second World War and fell out over the issue of appeasement, with which he strongly disagreed—so I am an internationalist by background and I congratulate all those involved.
The reason I had to speak today was that one of our oldest and most admired friends, the noble Earl, Lord Sandwich, was giving his valedictory. People may say, “What do those unelected hereditary Peers know about the price of fish?”—although he is elected, but not by a very large constituency. I think the noble Earl, Lord Sandwich, knows a great deal about the price of fish, and much else besides. He gives Parliament a good name. He is a man of intellect, wisdom, huge generosity of spirit and great modesty. We have benefited from his contribution in so many ways. In my very humble view, however hard you try to persuade people to put themselves forward for election, I do not believe that the likes of the noble Earl would do so. So if we lose the appointment process, we will do so to our loss.
People who get elected want to please their constituency. What I particularly like about the House of Lords is that I do not have to please anybody; I can be as unfashionable and unpopular as I believe to be right. If I had to go back and speak to my constituents and please them, and be cross-questioned on all my unpopular views, I dare say that I would have to trim my sails.
There is one serious problem about the noble Earl: he is a contemporary, albeit a little older, of the Father of the House of Commons. They were at university together. We are friends from the Isle of Wight, and we both hugely revere his wife, Caroline—although we are quite frightened of her, from time to time. The noble Earl has said that it is time for retirement. He is forbidden to go anywhere near Worthing, where the Member of Parliament standing for re-election is not yet 80, but he may be by the time of the election. I hope that the noble Earl will keep his ideas to himself, or at least away from West Sussex.
The noble Earl will be very greatly missed. He has been a huge force for good over many years, and we wish him well.
Lord Purvis of Tweed (LD)
My Lords, I commend the noble Baroness, Lady D’Souza, on ensuring that the Bill will, I hope, have a smooth passage. I took careful note of the speech from the noble Lord, Lord Verdirame, on some of the detail of how the Orders in Council are prepared. I very much hope that they will also be scrutinised by Parliament.
I commend our friend the noble Earl, Lord Sandwich, and indicate that we will miss him. I hope he does not mind me saying that he joined Christian Aid before I was born and entered this House while I was studying. Since I have been here, over the last decade, he has been possibly the most consistent and sincere advocate for international development, and has given the most reasoned and precise arguments. I had the opportunity of looking at his maiden speech, to complete the circle. In 1995, he talked about the need for support for development assistance. He said:
“Let us not pretend that overseas aid is just giving something away to others, as some of its critics say. It means a more equal sharing of ideas, more understanding, advocacy and educational work, and diplomacy through involvement”.—[Official Report, 16/11/1995; col. 39.]
His involvement in this House will be greatly missed, but we have the advantage of Hansard to ensure that his words will remain. I will spare the blushes of the Minister and not read other parts of the noble Earl’s maiden speech, because he went on to criticise government aid cuts, which he has also needed to do over recent years. He will be greatly missed.
To some extent, I also wondered why these measures have not been in place already. Nevertheless, it is right to respond to the concerns of partner Parliaments that have asked us to act—and I am pleased that we will do so—to recognise the unique characteristics that should be provided to the ICRC and the Commonwealth.
I start with the ICRC. It is 160 years since the First Geneva Convention. It is of deep concern to me that, almost every week over the last year, including just yesterday, I have been referring to the Fourth Geneva Convention and the need for protections for civilians in conflict, which continues to grow. The proportion of civilians dying in conflict is a growing trend; therefore, regrettably, the Geneva conventions and the work of the ICRC are even more relevant now than we would have hoped. The recognition of its work is important, as the noble Lord, Lord Verdirame, said.
The noble Baroness, Lady Anelay, said that the value of the CPA is that we learn from each other, and I could not agree with her more. In the decade that I have been in this place, my work in Parliament has been informed by the relationships between and learning from fellow Commonwealth parliamentarians. As the noble Lord, Lord Howell, indicated, the Commonwealth is young. Not all parliamentarians in the Commonwealth are young, but many are reflecting on the huge challenges that afflict the Commonwealth. Parliamentarians have to be part of the solution and not considered to be part of the problem—there are too many times when that is the case.
This year marks the centenary of the first CPA conference—then the Empire Parliamentary Association —held outside London, in southern Africa, including in Lesotho. Next week, there will be a CPA UK visit to Lesotho, which I hope will cement the deep relationships that we have with our partner parliamentarians. As the noble Baroness, Lady Taylor, indicated, it is also about the clerks, and, I would add, librarians and those in the wider parliamentary staff. It is now not just about procedures but, increasingly, about standards, the conduct of Members, staff relationships and the very contemporary issues of how democratic Parliaments should function.
When I chaired a commission with the Nigerian Trade Minister on trade and development in the Commonwealth, a witness told me something that has stuck with me since. She said that the Commonwealth has two great advantages: the first is that America is not a member, and the second is that neither is China. This means that, when we look at its member countries—including the most populous democratic country, which is going to elections as we speak, and the least populous country, which will also have elections this year—we see that the Commonwealth is a unique institution. When we learn, we learn from huge countries facing enormous developmental challenges and from tiny countries that have their own circumstances and challenges because of their scale. There is no other organisation like the CPA on the planet that allows parliamentarians to discuss, as equal partners, how we collectively address those challenges.
I will support anything that can be done to strengthen the CPA as an institution going into its next centenary of conferences. I hope that the Bill has safe passage through the House.
Lord Collins of Highbury (Lab)
My Lords, I too thank the noble Baroness, Lady D’Souza, for introducing the Bill. I also acknowledge the hard work of Dame Maria Miller; after her first attempt, it got through on her second attempt, so she has done a great job in ensuring that it arrives here.
I pay tribute to the noble Earl, Lord Sandwich. I have long admired his work in this House—we have worked together on many debates—and his complete dedication to putting forward the case for a more just and fairer world. After many years of debating together, what I did not realise was just how much work he did before he came here, and which he continues to do, for many NGOs and other organisations, particularly Anti-Slavery International, Save the Children, and CARE International. He has also done a huge amount of work for Christian Aid. This week is Christian Aid Week, and I have participated in a number of events to support the work of that organisation. I admire the noble Earl and am very sad that he is retiring. One thing I know is that his work will continue and he will ensure that those organisations get support—so I thank him very much.
I am pleased to support the Bill today on behalf of the Opposition. I thank all those who work with the Commonwealth Parliamentary Association. I am not the only one who has benefited from its expertise, experience, networks, contacts and global stature, which are recognised and valued here in the UK and across the Commonwealth. As the noble Baroness, Lady Anelay, and my noble friend Lady Taylor reminded us, many of us here have, at some time or another, relied on its support, whether when visiting Commonwealth countries or our overseas territories and Crown dependencies, or when welcoming parliamentarians here, which I have had the opportunity to do many times.
At a time of deep global uncertainty, our relationships through the Commonwealth—and, indeed, inter-parliamentary relationships—are crucial, and the CPA secretariat, which is hosted here, plays a critical role. I pay tribute to the former Member of Parliament, our friend Stephen Twigg, who is the secretary-general. He is doing excellent work and is seeing this through. I also put on record that Labour is extremely keen to ensure that the CPA headquarters stays right here in Westminster, in London, as the Bill intends.
We recently celebrated the 75th anniversary of the Commonwealth, which, as I think the noble Lord, Lord Howell, said, has grown from a group of eight countries in 1949 to a much greater, diverse body of 56 countries. We have had new members join us, which we have to recognise; today it has a population of 2.5 billion. It is an important part of how we bring this very difficult world together and share the same sort of values, and we need to continue that work, particularly with the CPA.
Labour is very proud of the CPA’s ongoing role in bringing together and liaising between parliaments in the Commonwealth family from the building that inspired the way in which most of the Commonwealth is governed today. It is important that the CPA is granted privileges and immunities similar to those enjoyed by comparable organisations such as the Commonwealth Foundation and the Commonwealth of Learning, as my noble friend Lord Leong highlighted. That enhanced status will undoubtedly strengthen the influence of Commonwealth parliamentarians and give the CPA a more authoritative presence internationally. I know that parliamentarians across the Commonwealth will welcome this. Holding a status akin to that of our parliamentary strengthening counterparts should enhance the organisation’s standing.
I also commend the work of the International Committee of the Red Cross, which obviously plays a critical role globally, working tirelessly and meticulously to support civilians working in conflict and war zones in the most difficult situations and circumstances around the world, and upholding the key responsibilities in relation to the laws of war and humanitarian law.
The International Committee of the Red Cross is a neutral, independent and impartial humanitarian organisation, mandated by the international community to protect and assist victims of armed conflict and other situations. It is right that the ICRC has been granted privileges and immunities by 109 states, but the UK is not one of them. That is why it is important that it is included in the Bill, and I very much welcome that.
It is important that we support and speed the Bill through. I note what the noble Lord, Lord Verdirame, said about how we scrutinise the next part that comes through in the Schedule, and I certainly support his view that it is an opportunity for our parliamentary committees to properly scrutinise it.
I conclude by commending the work that has gone into the Bill by MPs and Peers from all sides. Once again I particularly thank the noble Baroness, Lady D’Souza, for introducing it and ensuring its safe passage through this House. I am confident that there is a will on all sides to ensure that the Bill succeeds.
The Minister of State, Foreign, Commonwealth and Development Office (Lord Ahmad of Wimbledon) (Con)
My Lords, I join all noble Lords in thanking the noble Baroness, Lady D’Souza, for tabling the Bill and for her important opening remarks in detailing the various provisions. Like others, I also thank my right honourable friend the Member for Basingstoke, Dame Maria Miller, for her dedicated work as chair of the Commonwealth Parliamentary Association, the UK’s branch, and for her tireless work to ensure the Bill’s passage through the other place.
The noble Lord, Lord Collins, talked about the second attempt; I have been Commonwealth Minister for seven years, and I look to my dear friends, my noble friends Lady Anelay and Lord Howell, who have also advocated for this. They say that persistence pays, and I am pleased to say that the Bill carries the Government’s full support. We have worked closely with Dame Maria Miller to ensure the passage of the Bill to where we are today.
Before I go any further, I, like others, turn to the noble Earl, Lord Sandwich, first thanking him for his guidance and insights. I am grateful to his noble friend, the noble Lord, Lord Freyberg, who brought to my attention some of the noble Earl’s notable insights and said that the first question he asked here as an Earl and a hereditary Peer—this is quite a tribute to him—was about legroom on public transport. As a former Transport Minister, I am told that we are very much seized of that issue even today. His final question was, aptly, on South Sudan. That shows the depth and the breadth of the consistent insights that he has brought to debates across development policy and foreign affairs.
Certainly, as a Government Minister for Foreign Affairs I have sought, I hope to the best degree possible, to answer the questions he has posed to me in his very courteous way. He has brought many insights, as we have heard, such as presenting the challenges on the development portfolio. I am sure I speak for all noble Lords when I say, as a Government Minister who has often been on the receiving end of the noble Earl’s insightful but quite direct challenges, that we have sought to always develop a relationship based on and steeped in respect. He has articulated all his contributions in that way, and I am truly grateful. I join other noble Lords, including my noble friend Lady Bottomley, in saying that his wide-ranging experience will be sorely missed in your Lordships’ House.
I am pleased that the Bill enjoys cross-party support. Indeed, it is the second Private Member’s Bill that we are discussing this morning that carries support across your Lordships’ House. I am grateful for the advocacy of many across both Houses, as the noble Lord, Lord Collins, said. I join him in acknowledging and paying tribute to Stephen Twigg. I enjoy a good relationship with Stephen and know that he has been a powerful advocate, as has my noble friend Lord Haselhurst. I was looking through the number of people who have raised this issue over the years, and I pay tribute collectively to them all.
As the Minister of State for the Commonwealth, I assure noble Lords that we will continue to work with both the ICRC and the CPA to ensure the Bill’s safe and speedy passage. It is hugely important. Both key organisations have waited for this status for a long time, and it comes at a particularly crucial time for both the CPA and the ICRC.
The ICRC, as my noble friend Lady Anelay once again reminded us, has been at the centre of international humanitarian work in recent years. As we look at granting this status to the ICRC, with wars raging in Ukraine and the Middle East, it is perhaps an entirely appropriate time to ensure that it continues its important work.
Equally, as other noble Lords said, in March we celebrated the 75th anniversary of the creation of the modern Commonwealth. We continue to work together in partnership with our Commonwealth family on vital issues such as empowering women and girls, bolstering the rule of law and good governance, and protecting the freedom of the media. Both my noble friend Lord Haselhurst and the great advocate for the Commonwealth, my noble friend Lord Howell, reminded us of this. Indeed, my own engagements earlier this week included a discussion yesterday with His Majesty on our planning for CHOGM and his focus on small island states, and earlier in the week a logistical discussion with the Secretary-General of the Commonwealth on planning for the CHOGM in Samoa. So, again, this is an entirely appropriate time for us to move forward with the Bill.
The UK values its partnership with the CPA and is proud to support work being done by the CPA and its regional branch, CPA UK. This includes developing benchmarks as indicators of parliamentary democracy and addressing modern slavery in supply chains and gender-based violence with parliaments and parliamentarians across the Commonwealth. The noble Lord, St John of Bletso, reminded us of the important work of parliamentarians, as did others.
The organisation’s current status as a charity has meant that the CPA has been prevented from operating fully across the Commonwealth and international fora. As Minister for the Commonwealth, I know how highly valued this organisation is. The noble Baroness, Lady Taylor, drew on her wide experience of the important role of the CPA, as did the noble Lords, Lord Purvis and Lord Leong. I agree with all of them, particularly on the point about the rich diversity of parliamentarians, in terms of both age and insight, that was provided when we hosted the CHOGM summit. Having the CPA meeting in advance of CHOGM was a valuable tool; we have shared that experience with subsequent hosts, including Rwanda.
Without this legislation, there would remain a high possibility that the CPA would look to relocate its headquarters outside the UK, an outcome that I assure noble Lords neither I nor the Foreign Secretary—indeed, no one—would like to see happen. That is why the UK has supported this Bill coming forward.
As my noble friend Lady Anelay reminded us, the UK has also supported the ICRC’s work over many years. I join her in paying tribute to Peter Maurer, its previous president; I also pay tribute to Mirjana Egger, who is doing a wonderful job at the helm of this organisation at a very challenging time. The UK greatly supports the ICRC’s work. It is an essential partner for achieving the UK’s global humanitarian objectives, having a unique legitimacy to engage all parties to conflicts and unparalleled access to vulnerable groups in conflict situations. Its specialised role in engaging with all arms bearers, including the growing number of non-state armed groups, is coupled with its direct delivery of a comprehensive range of integrated humanitarian assistance and protection programmes. It is therefore critical, as the noble Lord, Lord Leong, reminded us, to give the ICRC its correct status in UK legislation and to work together in order to deliver its objectives.
That is why this Bill and the provisions contained in it are so important. They enable the Government to treat the CPA and the ICRC in a manner comparable to that of an international organisation of which the United Kingdom, or His Majesty’s Government in the United Kingdom, is a member. By creating through an Order in Council the power to give both organisations the legal capacity of a body corporate, as well as specific privileges and immunities, the Bill will support the functional needs of the CPA and the ICRC, including on their property, information and certain personnel.
The list of privileges and immunities that may be conferred on the CPA and the ICRC has been informed by the International Organisations Act 1968. This will allow the Government to agree a framework that is appropriate to each organisation’s unique mandate. The actual suite of privileges and immunities to be accorded, including relevant exemptions and limitations, will be determined by the functional needs of each organisation and will be specified in the Order in Council, as noble Lords mentioned. For example, as is standard practice, the arrangements will make clear that there will be no immunity from a legal suit in the case of a motor traffic offence or damage caused by a motor vehicle.
It would be remiss of me not to mention something that my noble friend Lady Anelay and the noble Lord, Lord Verdirame, mentioned: the confidentiality provision in the Bill. It provides for the protection of certain information related to the ICRC’s sensitive work that it has provided to His Majesty’s Government in confidence. For example, it is protected from being disclosed in UK court proceedings—except criminal proceedings, as my noble friend said.
This provision reflects the ICRC’s standard working method of confidentiality, which is designed to protect its staff and operations in active conflict zones. The public disclosure of information that the ICRC obtains from confidential dialogue with conflict parties is likely to put this at risk. I have seen that directly in current conflicts and, indeed, through my direct engagement with the ICRC. It is important that this power is granted.
This is also a principle that underpins the ICRC’s ability to operate in dangerous locations on sensitive issues, engaging both with states and, importantly, with non-state actors. Indeed, as my right honourable friend the Member for Basingstoke, Dame Maria Miller, noted in Committee:
“There is a real risk and concern about ICRC information being used in legal proceedings—over the past 15 years, the ICRC’s confidentiality has been challenged some 20 times in the UK”.—[Official Report, Commons, 26/4/24; col. 1220.]
The Government therefore consider that this confidentiality provision is both necessary and proportionate.
The financial implications of the Bill are minimal. There will be little or no loss of revenue as a result of the fiscal exemptions or reliefs, which will be granted by delegated legislation through the provisions in the Bill. Refunds of certain taxes will be made in accordance with the separate arrangements between the Government and the CPA and the ICRC respectively, as is standard for international organisations. Furthermore, administration of the arrangements will be resourced from the existing resources responsible for managing privileges and immunities with international organisations in the United Kingdom.
I assure noble Lords, in particular the noble Lord, Lord Verdirame, that the FCDO will continue to consult both organisations ahead of secondary legislation. On the proposals for those statutory instruments, the Government propose that the procedure applicable to any statutory instrument made under this delegated power should be the draft affirmative procedure. I hope that this reassures the noble Lords, Lord Collins and Lord Verdirame, on how scrutiny of this important Bill will continue. Today’s contributions have demonstrably shown that the Bill is warmly welcomed across your Lordships’ House.
We will work closely with both organisations on a functional need basis in terms of specific arrangements detailing the day-to-day management of the privileges and immunities granted to them and other facilities. As I have already said, the FCDO has also committed to laying the draft Order in Council as soon as possible.
I conclude by thanking all noble Lords for their contributions. This Bill is an important step forward. It carries cross-party support; I pay tribute to all of the Members who, over many years, have made invaluable contributions to get us to this point in time. I again pay tribute to my dear friend, the noble Baroness, Lady D’Souza, for her stewardship and advocacy on this issue. It is important that the correct status in UK legislation is given to both organisations so that they can continue their vital international operations without restriction. This Bill reflects the Government’s strong commitment to the Commonwealth, which is extremely important in this CHOGM year, and our support of democratic legislators through our work with the CPA. It also supports our global humanitarian objectives through our work with the ICRC.
In commending this Bill to the House—I look forward to working with noble Lords on its speedy passage—I once again pay tribute to the noble Earl, Lord Sandwich, for his insights. He will be missed but, as he has demonstrated again today, he leaves appropriate challenges for the Government and for whoever holds the position that I currently hold in the months and years to come. I am sure that, now and again, he will remind us with a little note—as he often does for me, saying, “Tariq, you may need to look at this one”. We are fully supportive, and I am grateful to the noble Baroness, Lady D’Souza.
Baroness D'Souza (CB)
My Lords, I warmly thank the Minister for his words and his support for this Bill, as with so many other issues. He should know how grateful we all are both that he has enabled this Bill to come to the fore—again, as with many other issues—and that this is likely to become law shortly.
I thank the noble Earl, Lord Sandwich—or Johnnie, as I know him—for his typically sincere and moving argument. Let me say once again how greatly we will miss him, but we all hope that we will stay in touch.
Dame Maria Miller has received many accolades during the course of this debate, and rightly so. I am sure that there are many more to come in the later stages of this Bill, but I want here to acknowledge her absolute determination to get the Bill through the other place, thereby allowing it to come here.
I warmly thank all contributors for their unqualified support. It gives me hope that this Bill will shortly become law. I also thank my noble friend Lord Verdirame for his words. I completely appreciate the cautions that he presented on privileges and immunities. Much as I have been a critic in the past, and continue to be a critic, of the overuse of secondary legislation, I believe that it is appropriate in this case. Of course, I reiterate that, as the Minister said, it will be subject to affirmative procedures and will be drawn up with consultation of the relevant people in the two organisations. I do like very much his idea that the privileges and immunities will be scrutinised by the International Agreements Committee. That is all I have to say. I beg to move.