European Union and European Atomic Energy Community (Immunities and Privileges) Order 2021

Lord Thomas of Gresford Excerpts

Monday 5th July 2021 Grand Committee

[Lord Thomas of Gresford (LD) [V]]

My Lords, I am most grateful to the Minister for his exposition of this order and his customary clarity; I thank him for that. I have read the order through and I am satisfied that it fulfils the purposes for which it will be made. In particular, I endorse what the Minister said about the importance of good relations with diplomatic staff throughout Europe, and I hope that that will be the case.

My own experience of diplomatic immunity goes back many years. I recall claiming diplomatic immunity on behalf of a gentleman who produced magnificent letters, which were supposed to be for Her Majesty’s Government, seeking immunity. Our problem was twofold: first, he was not accredited to the Court of St James and, secondly, the president of the state—which will be nameless—had suffered a coup, and the last we knew of him was that he was a taxi driver in New York, and was unable to give evidence. That was my experience at the time, and I would be interested to know whether ambassadors are still accredited to the Court of St James—I do hope so.

To be rather more serious, of course we are all very concerned about the case of Harry Dunn, and the Minister has pointed out that there is a carve-out in this order for road traffic offences. Does this include causing death by dangerous driving? That is the very important issue in the Harry Dunn case. The person who knocked him down, Anne Sacoolas, claimed diplomatic immunity and departed this country, but her claim has since been questioned. That gives rise to a further question, which perhaps the Minister can answer: how does a diplomat satisfactorily establish that he can claim diplomatic immunity when that is the case? It seems that Anne Sacoolas got away with it.