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

Baroness D'Souza Excerpts

3rd reading
Tuesday 8th October 2024 Lords Chamber

[Baroness Chapman of Darlington (Lab)]

With trepidation, I ask whether now is the moment for a speech. I believe it is.

As I said during Second Reading in July, this is an important Bill which provides two significant organisations with a long-awaited change in their legal status. I again pay tribute to noble Lords across all sides of the House, including the noble Lord, Lord Ahmad, for his continued support and dedication in seeing this Bill through. The Bill has received unwavering support in both this parliamentary Session and the last, demonstrated by the fact that no amendments were tabled ahead of Committee in September. This is a true testament to the value that all noble Lords place on the aims of this Bill.

It is critical that both the CPA and the ICRC are given the correct status in UK legislation so that they can conduct their work and deliver their objectives while operating in the UK. This will guarantee that the CPA remains headquartered in the UK, and that the UK is able to give the ICRC the guarantee that the information it shares with the UK Government is secure and protected.

The UK is deeply committed to the Commonwealth and believes that the Commonwealth Heads of Government Meeting which commences in Samoa later this month will be an important opportunity to mobilise action on shared interests, including upholding Commonwealth values—values which are embodied by the CPA’s important work in strengthening inclusive and accountable democracy across the Commonwealth. The UK’s long-standing programme partnership with the CPA is testament to the organisation’s value. Treating the CPA as an international organisation will allow it to continue to operate fully across the Commonwealth and international fora, and to participate fully in areas where it is currently restricted, including signing up to international statements and communiques.

The ICRC is an essential partner for achieving the UK’s global humanitarian objectives. It has a unique mandate from states to uphold the Geneva conventions and works globally to promote international humanitarian law. 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. It is therefore critical to 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 working method of confidentiality.

Officials will work closely with the CPA and the ICRC to agree written arrangements, setting out the parameters of the status change as well as the privileges and immunities which the Government have decided to confer on both organisations. These arrangements will then be implemented by secondary legislation. Privileges and immunities will be based on functional need, and other facilities and the relevant exemptions and limitations will be specified in the Order in Council. Once again I assure noble Lords that any Order in Council made under Clauses 1 and 2 will be subject to the draft affirmative parliamentary procedure. This means that both Houses will get the opportunity to debate and approve them.

I thank all noble Lords for their continued support and useful contributions throughout the passage of this Bill. Like many others, I look forward to seeing it progress in the other place, where I am sure it will receive the same unanimous support. Finally, I pay tribute to the FCDO policy officials and lawyers, whose efforts in both this parliamentary Session and under the previous Government have contributed to making the Bill happen. I also extend my gratitude to the drafters in the Office of the Parliamentary Counsel for preparing the Bill.

[Baroness D'Souza (CB)]

My Lords, I add my thanks to the Government for their speedy and decisive actions, without which the Bill may have lingered for a little too long. The Commonwealth Heads of Government Meeting is coming up shortly, and it will be a great pleasure for those involved to announce the acceptance of the Bill. Had it not been accepted, there would have been some rather serious threats to the position of both the ICRC and the CPA within the UK. So my thanks are due.

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

Baroness D'Souza Excerpts

2nd reading
Monday 29th July 2024 Lords Chamber

[Baroness D'Souza (CB)]

My Lords, I too welcome the noble Baroness to her ministerial post and look forward to working with her.

This Bill has been very thoroughly washed, first in the other place, where it received an unopposed Second Reading due to the sterling efforts of many people, including the right honourable Maria Miller and Ian Liddell-Grainger—both no longer Members of the other place—the secretary-general of the Commonwealth Parliamentary Association, Stephen Twigg; the senior staff of the ICRC and many more, over many years, as the noble Baroness, Lady Anelay, has said.

The Bill was also unopposed and supported in this House before it fell due to Prorogation. I had thought that there would be a bit of a tussle to ensure that it got through the ballot of Private Members’ Bills, but, as a generous and hugely welcome gesture, the Government have made it their own business—we are all truly grateful.

As many will remember, and as has been said already, the Bill essentially grants international status to both the CPA and the ICRC, enabling both bodies to benefit from the immunities and privileges of all other international bodies. These include, as we have already heard, the power, by Order in Council, to confer legal capacities of a body corporate on the CPA and ICRC; to grant the organisations, their information and staff certain privileges and immunities commensurate with their functional needs; to provide that references to international organisations in general legislation include, from now on, references to the CPA and ICRC; and to allow for certain confidential information that the ICRC shares with the UK Government to be exempted from legal disclosure requirements.

At the Bill’s Second Reading in this House before Dissolution, some useful suggestions—and indeed amendments passed in the other place— were put forward as to the bespoke enabling powers. As I understand it, these will be incorporated, where relevant, into separate written agreements that each organisation will agree with the Government.

There has been some urgency to the Bill and its unnecessarily long journey. The CPA governing body at two previous annual conferences determined that, should international status not be reached, there would be, as we have heard, serious efforts to move the headquarters to a member state that would be more sympathetic to the immunities and privileges already outlined. These privileges and immunities are—as we have learned, but which I wish to emphasise—absolutely crucial for the ICRC if it is to continue its UK operations in accordance with its international mandate. Speedy passing of this small and uncontroversial Bill will be a win-win. I look forward to seeing it on the statute book.