European Forest Institute (Immunities and Privileges) Order 2024

Lord Callanan Excerpts

Wednesday 13th November 2024 Grand Committee

[The Parliamentary Under-Secretary of State, Foreign, Commonwealth and Development Office (Baroness Chapman of Darlington) (Lab)]

My Lords, copies of this order were laid before this House on 15 May 2024. The order was laid in draft before Parliament on 15 May, in accordance with the International Organisations Act 1968. It is subject to the affirmative procedure and will be made once it is approved by both Houses. The order was approved in the House of Commons on 23 October 2024.

The main legal recourse to grant privileges and immunities to international organisations with a presence in the United Kingdom is the International Organisations Act 1968, which specifies the maximum privileges and immunities that may be accorded in the UK to various categories of international organisations. The provisions of the Act are applied to different organisations by means of Orders in Council. This order will confer on the European Forest Institute, referred to as the EFI, a bespoke set of privileges and immunities to enable the organisation to function and operate effectively in the UK. It does not confer legal capacity, as this was conferred on the EFI in the European Forest Institute (Legal Capacities) Order 2005.

This order will contribute to the fostering of closer collaboration between the EFI, its members and the UK Government, and support the establishment of an EFI UK office. In addition, in granting these privileges and immunities, we will be able to host an expansion of the EFI’s international partnerships facility in the UK through the opening of a UK office. The international partnerships facility is a global centre of knowledge and expertise that supports policy and governance reforms to improve forest governance and safeguard the world’s forests.

The EFI would host a small, permanent UK-based team, as well as drawing internationally renowned expertise into the UK. With London a major hub for private sector climate finance, there are potential opportunities to bring international forest and finance experts together to foster new financial initiatives, aimed at protecting the world’s forests and tackling climate change and nature loss. The order affords the director, the head of office and EFI staff members a bespoke set of privileges and immunities which diplomatic agents of a diplomatic mission established in the UK are entitled to, including an exemption from the suit and legal process. However, no immunity is conferred in the case of a motor traffic offence or damage caused by a motor vehicle. This is now a standard clause included in statutory instruments and treaties providing for privileges and immunities.

The Government consider these privileges and immunities necessary and appropriate to deliver on the interests and commitments that the UK has towards the EFI. The privileges and immunities conferred will enable its staff to operate effectively in the UK. They are within the scope of the International Organisations Act and in line with UK precedents. The EFI’s board members, and representatives of members, are subject to “official act” immunities. These immunities cover the inviolability of official papers and documents, customs provisions and immunity from suit and legal process, within the scope of official activities. The order also covers the inviolability of the EFI premises and archives, taxes and customs rates, and an immunity waiver.

The support for the EFI’s establishment of an office in the UK is a unique opportunity to reinforce the UK’s leadership on international forests and climate policy. The UK has been involved with the EFI for over 10 years, including through the FCDO’s flagship forest governance, markets and climate programme. Together with the EFI, we have supported national processes on forest and land-use governance in 17 countries across the three tropical forest basins. The EFI is key to that work and the UK remains committed to the organisation. I beg to move.

[Lord Callanan (Con)]

My Lords, I thank the noble Baroness, Lady Chapman, for her comprehensive introduction to this subject. She will not be surprised to know that we are fully supportive of the European Forest Institute. It is a good idea for it to be based in the UK and we support the instrument that the Minister has brought before us today.

The EFI plays a pivotal role in advancing research, fostering innovation and developing evidence-based policy recommendations for the extremely important subject of sustainable forestry. As ecological degradation threatens forests worldwide, the institute has a key role to play and its work is becoming ever more vital. As the Minister said, this order seeks to grant immunities and privileges to the EFI, in line with a number of similar agreements that we have established with other international institutions—I took some of those orders through Grand Committee a matter of months ago. Immunities such as those outlined in the order are essential for allowing the EFI to operate independently, free from local administrative and judicial interference.

The UK has historically been a leader in international environmental co-operation. Supporting the EFI aligns with our commitment to combat climate change. It reflects our shared desire for forests that are productive, biodiverse and resilient against the stresses of modernity. The only question I have for the Minister is whether she has any more of these orders coming forward for other international organisations or whether this is the only one outstanding at the moment. We support this order.

[Baroness Chapman of Darlington (Lab)]

I am grateful to the noble Lord for his support. It is very good when we can agree on important issues such as this on a long-term, bipartisan basis. It is good to be able to work in this way on an issue such as forestry, especially in a week when the Prime Minister and the Foreign Secretary are at COP in Baku, where deforestation and the responsible management of forests will no doubt be discussed. I welcome the support from the Official Opposition.