Commonwealth Parliamentary Association and International Committee of the Red Cross (Status) Bill

(Limited Text - Ministerial Extracts only)

2nd reading
Friday 17th May 2024 Lords Chamber

[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.