International Anti-Corruption Court

Baroness Chapman of Darlington Excerpts
Monday 2nd September 2024

(4 months, 1 week ago)

Lords Chamber
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Lord Hain Portrait Lord Hain
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To ask His Majesty’s Government whether they intend to hold discussions with other governments on establishing a new International Anti-Corruption Court; and if so, when.

Baroness Chapman of Darlington Portrait The Parliamentary Under-Secretary of State, Foreign, Commonwealth and Development Office (Baroness Chapman of Darlington) (Lab)
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My Lords, this Government will drive a powerful agenda to tackle corruption and kleptocracy, working at home and with international partners. Addressing the issue of impunity for the most egregious acts of corruption is vital. International engagement will be crucial, including discussions around the proposed international anti-corruption court, which we will certainly engage with as they arise. We are also considering how to build on the world-leading capabilities in the National Crime Agency, among other areas.

Lord Hain Portrait Lord Hain (Lab)
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My Lords, I thank my noble friend for her encouraging Answer and also applaud the Foreign Secretary for backing a new international anti-corruption court. It is vital to combat the transnational networks of corrupt politicians, officials, bribe payers and money launderers who act with impunity to enrich themselves, London and the UK overseas territories being havens for corrupt billions. A diverse group of eminent experts has just met in Hamburg to develop a draft treaty, so when do the Government intend to hold discussions with other interested Governments, especially the main victims in the global South, on the urgent necessity to establish the court?

Baroness Chapman of Darlington Portrait Baroness Chapman of Darlington (Lab)
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I am grateful to my noble friend for both his Question and his decades-long mission on this topic. He is absolutely right to want to hold our feet to the fire on this. Tackling illicit finance across the UK, its overseas territories and the Crown dependencies, as well as working with partners internationally, is a priority for the Government, and the Foreign Secretary recently stated in the other place that he intends to take up these issues “with full vigour”. The Government are certainly interested in the progress of discussions around the establishment of the court. We are mindful of the importance of the issues that the noble Lord raises and the need to work in tandem with our international partners to explore the proposals for the court and to tackle illicit financial flows more broadly.

Lord Alton of Liverpool Portrait Lord Alton of Liverpool (CB)
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My Lords, thanks to the noble Lord, Lord Hain, a number of us were able to hear Judge Mark Wolf outline his proposal for an international anti-corruption court. Is the noble Baroness aware that some 145 world leaders from 45 different countries have now signed the declaration? In welcoming what she has said, I draw her attention to the op-ed written by Gordon Brown which says that this is how Putin could be brought to justice. Will she agree to a round table, perhaps with Judge Mark Wolf and Gordon Brown present, to inform the debate further?

Baroness Chapman of Darlington Portrait Baroness Chapman of Darlington (Lab)
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I am very grateful to the noble Lord. I was aware of the discussions in Hamburg, which are a very helpful next step. I have not read the op-ed by my friend Gordon Brown, but I commit to doing so promptly. I would be very interested and happy to join any discussions along the lines the noble Lord described.

Lord Purvis of Tweed Portrait Lord Purvis of Tweed (LD)
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I welcome the Minister to her portfolio and wish her well in that role. I also share her commendation of the noble Lord, Lord Hain, for his consistency on this issue, including a Question asked last July in the House on which her colleague, the noble Lord, Lord Collins, asked the Government proactively to support the drafting of an international convention on this issue. Am I to assume that the Minister will take forward what the noble Lord asked for in opposition and proactively ask officials to be part of the drafting process?

Baroness Chapman of Darlington Portrait Baroness Chapman of Darlington (Lab)
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Noble Lords will of course understand that we cannot make progress on this without a treaty on which to base it. We cannot produce that treaty ourselves; it must be done, by necessity, with international partners. We see this very much as complementing the work that has been done on international money laundering in the UK and with the British Virgin Islands and elsewhere. Should there be discussions along the lines which the noble Lord outlined, we would be happy to take part in them.

Lord Sandhurst Portrait Lord Sandhurst (Con)
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My Lords, I welcome the Minister to the Front Bench. The United Kingdom’s international anti-corruption unit has been a world-leading capability since its establishment in 2017. As we heard last year, by 2023 it had

“disseminated 146 intelligence reports, identified £1.4 billion-worth of assets, and supported the freezing of £623 million-worth of assets”.—[Official Report, 6/7/23; col. 1301.]

Grand corruption is a grave issue. What further steps will the Government take to better recover stolen assets?

Baroness Chapman of Darlington Portrait Baroness Chapman of Darlington (Lab)
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I am very grateful to the noble Lord for his remarks. We share our ambition and determination to tackle this issue in as many different ways as are necessary. I highlight the International Anti-corruption Co-ordination Centre, which is part of our NCA. It has been incredibly successful and is unique internationally in its ability to share data and investigate and pursue money that has been raised illegally elsewhere in the world. We want to build on this success.

Lord Foulkes of Cumnock Portrait Lord Foulkes of Cumnock (Lab Co-op)
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My Lords, on the question of corruption, one of the wonderful things in our manifesto was the proposal to appoint a Covid corruption commissioner. Will the Minister give a clear indication that that appointment will be made as quickly as possible so that the culprits can be brought to book—including a Member of this House?

Baroness Chapman of Darlington Portrait Baroness Chapman of Darlington (Lab)
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I am always trepidatious when my noble friend stands up. Probably the best thing I can do is commit to raising the issue of the Covid corruption commissioner with my relevant colleagues in the Department of Health.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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The noble Lord opposite made a very good point that there seems to have been an awful lot of corruption over the past 14 years, and presumably into the future. Perhaps the unit needs better funding.

Baroness Chapman of Darlington Portrait Baroness Chapman of Darlington (Lab)
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I will take on board the comments of the noble Baroness.

Lord Sikka Portrait Lord Sikka (Lab)
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My Lords, while the Minister is looking into various things, can I also invite her to look at the failure of the Criminal Finances Act 2017 to prosecute any corporation for tax evasion? The law was specifically introduced for that purpose, but nobody has been prosecuted.

Baroness Chapman of Darlington Portrait Baroness Chapman of Darlington (Lab)
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The noble Lord’s question highlights the diverse nature of the issues we face. We are looking at kleptocracy and, as he references, tax evasion; we are also looking at proceeds of crime and unexplained wealth. There are very many strands to this, and I welcome his invitation to consider them in a rather more holistic way. This is perhaps a good time to remind noble Lords about the vigour the Foreign Secretary, Home Secretary and Chancellor are determined to use to tackle these issues in a more rounded and holistic way.

Lord Pannick Portrait Lord Pannick (CB)
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My Lords, the Minister needs to bear in mind that the poor performance of the International Court of Justice and the International Criminal Court means that many of us do not have great enthusiasm for the creation of another international court.

Baroness Chapman of Darlington Portrait Baroness Chapman of Darlington (Lab)
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I take my noble friend’s point; I have heard him say such things in this Chamber on many occasions in the past. We need as many tools in our toolbox as we can assemble. However, unless we get the building blocks in place—in terms of international agreements and agreed principles and other nations’ domestic processes—then a court will be less likely to be successful than if we are to get those building blocks in place first.

Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire (LD)
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My Lords, in the fight against corruption, transparency of ownership and of financial transactions is clearly important. We have seen a number of things in recent years about Crown dependencies and overseas territories agreeing to make transactions and ownership within their jurisdiction more transparent. The actual agreement, however, has not led to enforcement. Will the Government take action to ensure the voluntary agreement which overseas territories are asked to make is actually made and enforced?

Baroness Chapman of Darlington Portrait Baroness Chapman of Darlington (Lab)
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The noble Lord is right to raise this; it is a work in progress. We are in close engagement with overseas territories on the sharing of information and on registration of ownership. We have done a lot of work in the UK relatively recently on this, which I know the noble Lord will be aware of, but he will appreciate that this is the subject of ongoing discussions and engagement with overseas territories.

Patrick Finucane

Baroness Chapman of Darlington Excerpts
Tuesday 30th July 2024

(5 months, 2 weeks ago)

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Lord Caine Portrait Lord Caine
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To ask His Majesty’s Government, further to the Court of Appeal judgment of 11 July, and the Secretary of State for Northern Ireland’s meeting with Mrs Geraldine Finucane on 25 July, (1) when they expect to announce a decision on how they intend to satisfy their Article 2 obligations in the case of Patrick Finucane and (2) whether they plan to do so via an Oral Statement to Parliament.

Baroness Chapman of Darlington Portrait The Parliamentary Under-Secretary of State, Foreign, Commonwealth and Development Office (Baroness Chapman of Darlington) (Lab)
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My Lords, I thank the noble Lord, Lord Caine, for his Question. On 11 July, the Northern Ireland Court of Appeal delivered its judgment on the previous Government’s appeal against the Northern Ireland High Court’s judgment in the case of the death of Patrick Finucane. The Court of Appeal dismissed the previous Government’s appeal, finding that there still has not been an Article 2-compliant investigation into the death of Mr Finucane. The Secretary of State met Mrs Geraldine Finucane and her family in Belfast to hear her views first hand on the circumstances surrounding the appalling murder of her husband and to discuss next steps for responding to the court’s judgment. The Secretary of State wants to ensure that the Government make a decision about the way forward on this case as soon as possible and that this decision takes account of the views of Mrs Finucane. As part of this, the Secretary of State has asked the Northern Ireland Office to examine the options available regarding the establishment of an Article 2-compliant investigation into the death of Mr Finucane. The Government will provide further information on their response to the court in due course and are happy to commit today to update Parliament via an Oral Statement when a decision has been made.

Lord Caine Portrait Lord Caine (Con)
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My Lords, I am grateful to the noble Baroness. The murder of Patrick Finucane was a vile atrocity for which there could never be any justification whatever and I stand by the apology that I helped to draft for my noble friend Lord Cameron of Chipping Norton when he was Prime Minister in 2012. Now that the Government have decided that they will not scrap the Independent Commission for Reconciliation and Information Recovery, can the noble Baroness confirm that referral of the Finucane case to that body remains an option, given that the High Court ruled in February that it is independent and capable of carrying out ECHR-compliant investigations? I welcome what she said about updating Parliament via an Oral Statement and we will hold her to that.

Baroness Chapman of Darlington Portrait Baroness Chapman of Darlington (Lab)
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I am grateful to the noble Lord, Lord Caine, for his words and concur with what he said about the apology from the noble Lord, Lord Cameron. Noble Lords will understand that the Secretary of State wishes to engage fully with the Finucane family and others in respect of finding the right way forward at this stage, but I note what the noble Lord said about the commission.

Baroness Suttie Portrait Baroness Suttie (LD)
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My Lords, does the Minister agree that the approach of the previous Government has resulted in the Finucane family, like so many other families in Northern Ireland, waiting far too long for justice? In the light of Hilary Benn’s Written Statement yesterday on the legacy Act, can she say how and when the Government will announce whether they intend to restart inquests?

Baroness Chapman of Darlington Portrait Baroness Chapman of Darlington (Lab)
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It is my understanding that inquests can be restarted as soon as the necessary steps are taken. The Government do not seek to delay that any longer than is absolutely necessary, for reasons that I am sure the noble Baroness can appreciate.

Baroness Foster of Aghadrumsee Portrait Baroness Foster of Aghadrumsee (Non-Afl)
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First, I take this opportunity to welcome the noble Baroness, Lady Chapman, to her place dealing with Northern Ireland issues and look forward to working with her in the future. Today is the start of the Omagh bomb inquiry in Omagh, and I am sure the whole House will have the victims’ families in the forefront of their mind as they go through the start of what will be a very long procedure. Does the Minister agree that it is important that His Majesty’s Government never take any action or decision that would give the perception to victims right across Northern Ireland that some victims’ lives are worth more than others?

Baroness Chapman of Darlington Portrait Baroness Chapman of Darlington (Lab)
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I am grateful to the noble Baroness, Lady Foster, for her welcome. I note, as she did, that today is the start of investigations into what happened in Omagh. On her point about all victims being treated with equal respect and concern, of course she is right.

Baroness Ritchie of Downpatrick Portrait Baroness Ritchie of Downpatrick (Lab)
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My Lords, I welcome my noble friend to the Front Bench. I recall the murder of Patrick Finucane. It was one of the most heinous murders in Northern Ireland back in the late 1980s, like many other murders right across the piece. I hope that the Government will find a solution for Geraldine Finucane and her family because no doubt they are tortured as a result of such a murder. Yesterday, I welcomed the Government’s decision to withdraw the previous Government’s decision to take the High Court to court in relation to the ruling over the amnesty decision. In that respect, there are other outstanding cases. Will the Government withdraw the application by the previous Secretary of State for a judicial review of the decision of the coroner in the case of Sean Brown to confirm that state agents were involved in his murder, as they were in other murders in Northern Ireland?

Baroness Chapman of Darlington Portrait Baroness Chapman of Darlington (Lab)
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I thank my noble friend Lady Ritchie for her question and completely agree with her comments about the heinous nature of the murder of Pat Finucane. I remind noble Lords that one of the first meetings the Secretary of State held was with Geraldine Finucane. That signals something about his intention to deal with this issue with the greatest care. It is important that a way forward is found with families and victims that can command as wide a degree of support as possible in the circumstances. My right honourable friend the Secretary of State will consider all the issues that my noble friend Lady Ritchie has raised.

Lord Empey Portrait Lord Empey (UUP)
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My Lords, I, too, welcome the noble Baroness to her place. Will she tell the House what the criteria will be in determining any future inquiries? It seems to a lot of people that there is a hierarchy of who gets inquiries and who does not. That can, in part, result from a campaign, whether well-funded or by people who have a profile. However, hundreds of ordinary people were murdered in atrocious circumstances similar to those of Patrick Finucane, and they do not seem to have a voice. Sight of the criteria that the Government will apply would be most helpful, because that would at least let people know what the process is rather than it seeming to be simply responding to high-profile campaigns.

Baroness Chapman of Darlington Portrait Baroness Chapman of Darlington (Lab)
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I am familiar with the point that the noble Lord has made. The Government are giving careful consideration to the recent rulings and requests for public inquiries in these cases. A decision to establish a public inquiry will be taken only after full consideration of the specific individual factors of each case. The Secretary of State is very concerned to ensure that the Government make decisions in these cases as soon as possible.

Lord Reid of Cardowan Portrait Lord Reid of Cardowan (Lab)
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My Lords, I welcome my noble friend to her position; I also welcome the Statement and the engagement of the Secretary of State for Northern Ireland. This has been a long-running problem, I think since 1989. It is true that the campaign has been kept alive, not least by the stalwart efforts of Geraldine Finucane. It is time that it was brought to some sort of closure. I therefore commend the Secretary of State for his engagement with the Finucane family, because, without that, I do not think that we will never reach closure.

Baroness Chapman of Darlington Portrait Baroness Chapman of Darlington (Lab)
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I thank my noble friend for the points that he made and assure him that I will make sure that my right honourable friend the Secretary of State is aware of his comments, given his extensive experience in Northern Ireland.

Lord Dubs Portrait Lord Dubs (Lab)
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My Lords, I, too, welcome my noble friend to her position on the Front Bench. I welcome very much the Secretary of State having met the Finucane family. This has been going on for years, and we have just got to bring it to a satisfactory conclusion, if that is at all possible. I note the point made by the noble Lord, Lord Empey, because we open the door and then there is a list of tragedies where everybody wants an inquiry. For example, if I was pitching one in, it would be Ballymurphy, where again we need a resolution. I welcome the progress that has been made so far and hope that this issue, the Finucane family tragedy, will be resolved as soon as possible.

Baroness Chapman of Darlington Portrait Baroness Chapman of Darlington (Lab)
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I thank my noble friend for making that point. I do not think there was a question there; I take it as general support for the broad approach being taken by the Secretary of State, and I will make sure that he is aware of my noble friend’s views.

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

Baroness Chapman of Darlington Excerpts
Moved by
Baroness Chapman of Darlington Portrait Baroness Chapman of Darlington
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That the Bill be now read a second time.

Baroness Chapman of Darlington Portrait The Parliamentary Under-Secretary of State, Foreign, Commonwealth and Development Office (Baroness Chapman of Darlington) (Lab)
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My Lords, on behalf of my noble friend Lord Collins of Highbury, I beg to move that this Bill be now read a second time. This is an important Bill, as it enables a long-awaited status change for two significant organisations. Indeed, the Bill comes at a crucial time for both the CPA and the ICRC. Before I go on, I want to comment on the hard work that the noble Lord, Lord Ahmad, put into the previous Bill, before the election. He leaves very large shoes to fill on this side of the House, but endeavour to fill them we shall.

March saw the celebration of the 75th anniversary of the creation of the modern Commonwealth, and 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. The ICRC has been at the centre of international humanitarian work in recent years, including in Ukraine and the ongoing crisis in the Middle East. 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 organisation’s current status as a charity has meant that the CPA has been prevented from operating fully across the Commonwealth and international fora. Without this legislation, there remains a high possibility that the CPA would look to relocate its headquarters outside the UK.

The UK supports the ICRC and its important work around the world. It is an essential partner for achieving the UK’s global humanitarian objectives, as it has unique legitimacy to engage all parties to conflicts and unparalleled access to vulnerable groups in conflict situations, and it operates in dangerous and challenging situations across the world. Its specialised role engaging with all those involved in conflict, 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 critical that both the CPA and the ICRC are given the correct status in UK legislation to 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.

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, so that the CPA is able to continue its work on promoting democracy and good governance across the Commonwealth, and the ICRC is able to pursue its humanitarian mandate in conflict zones. By creating the power, by Order in Council, to give both organisations the legal capacity of a body corporate—that is, the ability to bring claims and have claims brought against them, and to enter into contracts and hold assets and liabilities in their own name, as well as having specific privileges and immunities—the Bill will support the functional needs of the CPA and the ICRC, including their property, information, and certain personnel.

The actual suite of privileges and immunities to be conferred, including relevant exemptions and limitations, will be determined by the functional need of each organisation and will be specified in the Order in Council. To be clear, personnel have no personal immunity if they commit a crime, and there is a clear carve out ensuring that they have no immunity in any vehicle incident.

The ICRC confidentiality provision in the Bill provides for the protection of certain information related to the ICRC’s sensitive work, which it has provided in confidence to His Majesty’s Government. For example, it is protected from being disclosed in UK court proceedings, except for criminal proceedings. 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. It is also a principle that underpins its ability to operate in dangerous locations on sensitive issues, such as negotiating safe access to civilian populations caught up in conflict, engagement with both state and non-state armed actors, and working with prisoners and hostages. There is undoubtedly a very clear risk and concern about ICRC information being used in legal proceedings, with the ICRC’s confidentiality having been challenged in the UK some 20 times over the last 15 years. The Government therefore consider that the confidentiality provision is both necessary and proportionate.

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 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. Administration of the arrangements will be resourced from the existing resources responsible for managing privileges and immunities with international organisations in the UK. The FCDO will consult both organisations ahead of secondary legislation, and will work closely with them to agree subsequent specific arrangements, detailing day-to-day management of the privileges and immunities granted to both organisations, based on functional need, and other facilities.

I assure noble Lords that any Order in Council made under Clause 1 or 2 of the Bill will be subject to the draft affirmative parliamentary procedure, which requires the approval of both Houses of Parliament. The FCDO has committed to lay the draft Order in Council as soon as possible.

To conclude, the Bill gives the CPA and the ICRC the correct status in UK legislation to allow both organisations to continue their international operations without restriction. It reflects the Government’s strong commitment to the Commonwealth, and our support of democratic legislators through our work with the CPA and our global humanitarian objectives through our work with the ICRC. This is not the first time that the Bill has been read in this House. I thank the noble Baroness, Lady D’Souza, and the noble Lord, Lord Ahmad of Wimbledon, for their work to introduce the previous Private Member’s Bill in the last parliamentary Session, and I thank noble Lord for their unwavering support of that Bill. I hope that this Bill continues to receive that support.

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Baroness Chapman of Darlington Portrait Baroness Chapman of Darlington (Lab)
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My Lords, first, I thank the noble Lord, Lord Ahmad. People said I was triggered by remembering the Northern Ireland protocol debates; they were very long and intense, they meant an awful lot to both of us at the time and we came at them from very different angles. However, the noble Lord, Lord Ahmad, dealt with them, as we would all expect, in a most respectful and considered way. I think we probably got to the right place in the end, as is often the way with these things in your Lordships’ House. I look forward to him taking a similar approach with legislation that we may bring forward in the future to that which I took to the Northern Ireland Protocol Bill. I am very grateful that has not been the experience on my first outing at this Dispatch Box. I noted with the Whip during the debate that I think this is the very first piece of legislation to receive its Second Reading in this Parliament, under a new Government. It is great to know all our legislation will be so warmly received.

I thank noble Lords for their incredibly insightful contributions, bringing a huge amount of experience to the debate. It is not the first time we have discussed this, but your Lordships’ House does a very fine job on issues such as these and has made a strong case this afternoon for the importance of the Bill. As others have done, I thank again the noble Baroness, Lady D’Souza, and Maria Miller, Ian Liddell-Grainger, Lord Chidgey and Stephen Twigg. I remember being in a bar with Stephen Twigg in 1997, just after the election—I definitely bought him a pint, and he definitely has not bought me one back yet, but perhaps he will after today.

I look forward to further discussions while the Bill continues its passage as we seek to ensure, as many noble Lords have said, that the CPA and the ICRC are given the correct status in legislation.

Bill read a second time and committed to a Committee of the Whole House.

Global Combat Air Programme International Government Organisation (Immunities and Privileges) Order 2024

Baroness Chapman of Darlington Excerpts
Monday 29th July 2024

(5 months, 2 weeks ago)

Lords Chamber
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Moved by
Baroness Chapman of Darlington Portrait Baroness Chapman of Darlington
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That the draft Order laid before the House on 23 May be approved.

Baroness Chapman of Darlington Portrait The Parliamentary Under-Secretary of State, Foreign, Commonwealth and Development Office (Baroness Chapman of Darlington) (Lab)
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My Lords, in December 2022, the United Kingdom, Japan and Italy jointly launched the global combat air programme, known as GCAP, to deliver next-generation aircraft by 2035. On 5 July, the Prime Minister reaffirmed the UK’s commitment to promoting co-operation and collaboration between the UK and Italy, with Italy’s Prime Minister Giorgia Meloni, and on 6 July between the UK and Japan, with Japan’s Prime Minister Kishida. It was agreed that the security of the Euro-Atlantic and Indo-Pacific are indivisible. His Majesty’s Government are committed to ensuring the security of the Indo-Pacific, working closely with our allies.

For the UK, this aircraft will sit at the heart of a wider system, networked and collaborating with a range of aircraft, including the F35, and broader military capabilities. It will use information systems, weapons and uncrewed collaborative combat air platforms to complete the capability. Replacing the capability provided by Typhoon, this system will sustain the UK’s operational advantage. In addition, GCAP will attract investment into research and development in digital design and advanced manufacture processes, providing opportunities for our next generation of highly skilled engineers and technicians.

The signing of the convention on the establishment of the GCAP International Government Organisation, known commonly as GIGO, by the parties of the United Kingdom, Japan and Italy took place in December 2023 and was conducted by the respective defence secretaries of the three nations. The GIGO will function as the executive body, with the legal capacity to place contracts with industrial partners engaged in the GCAP. Through the GIGO, the UK will lead on the development of an innovative stealth fighter jet with supersonic capability and equipped with cutting-edge technology, to facilitate collaboration with key international partners that will raise the profile of the UK’s combat air industrial capacity.

The GIGO headquarters will be based in the UK, employing personnel from the UK, Italy and Japan. The chief executive and director posts shall be filled by nationals of different parties, according to a mechanism that shall preserve a balance between the parties. Given the nature of the GIGO as an international defence organisation, the Ministry of Defence, with support from the FCDO, has been leading on trilateral engagement and negotiations on its establishment.

The convention, once in effect, will enable closer collaboration between the parties—being the Governments of Japan, Italy and the UK—and support the development of His Majesty’s Government’s defence capabilities, stimulated by development of the UK-based headquarters. It will enable further collaboration with key industry partners, with the headquarters supporting hundreds of jobs, working in close partnership with Rolls-Royce, Leonardo UK and MBDA UK, and with hundreds of other companies from across the UK in the supply chain to deliver the GCAP.

This Order in Council is a statutory instrument and forms part of the secondary legislation needed to confer legal capacity and privileges and immunities on the GCAP International Government Organisation. It accords certain privileges and immunities to the organisation’s personnel and the representatives of the parties to the convention. This order was laid in draft before Parliament on 23 May 2024, is subject to the affirmative procedure and will be made by the Privy Council once it is approved by both Houses. Subject to the approval and ratification, the treaty would enter into force on the deposit of the last instrument of ratification, or acceptance of the parties. This is anticipated to be autumn 2024, to meet the 2035 in-service date.

This order confers a bespoke set of privileges and immunities, to enable the GIGO to operate effectively in the UK. The Government consider these privileges and immunities both necessary and appropriate to deliver on the interests and commitments that the UK has towards the organisation. They are within the scope of the International Organisations Act and in line with UK precedents. The privileges and immunities conferred on agency personnel and representatives are not for their personal advantage but are in order to ensure complete independence in the exercise of their functions in connection with the GCAP. To be clear, agency personnel have no personal immunity if they commit a crime, and there is a clear carve-out ensuring that they have no immunity in any vehicle incident. These immunities in respect of the GIGO cover immunity from suit and legal process, inviolability of premises and archives, and appropriate tax exemptions and reliefs in relation to its official activities.

In respect of representatives of the parties and staff, the provisions cover functional immunity and an immunity waiver. Additionally, the order includes an exemption from the legal suit and process immunity in the case of a motor traffic offence or damage caused by a motor vehicle. This is a standard clause included in statutory instruments and treaties, providing for privileges and immunities.

To conclude, the support for the GIGO’s establishment ensured through this order is a unique opportunity to showcase UK leadership and innovation in the combat air industry on a global stage. Through the GIGO, the UK will collaborate with its international partners on the development of an innovative stealth fighter jet and facilitate collaboration with key international partners that will raise the profile of the UK’s combat air industry. The security of the United Kingdom will always be of paramount importance to this Government. Defence is central to both UK security and our economic prosperity and growth, including by harnessing the strength of our well-established defence industries. This GIGO is key to GCAP, and the UK continues to make positive progress with our partners Japan and Italy. I beg to move.

Lord Howell of Guildford Portrait Lord Howell of Guildford (Con)
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My Lords, I declare an interest as in the register. Behind this necessary and detailed order lies an enormous project, one of the biggest ever, which we are to undertake with Japan and Italy. We are talking about billions of pounds involved. This is only a small part of it but the importance of the bigger picture is colossal. Behind that lies a weaving together of the most advanced parts of Japanese and British industry in a way that I find immensely encouraging and that we have been working towards for years. We reached a peak of co-operation at the end of the last century, but it rather fell away in the first 10 or 15 years of this one. Now, the scene is much revived, and there are enormous gains for Japan and ourselves. Japan is our best friend in Asia, as they used to say; and I do think Japan still sees us as its best friend in Europe. There are enormous opportunities for prosperity in this country.

All I am asking of the Minister, who introduced this very clearly indeed, is that if there are any bumps along the road, any postponements or any difficulties arising out of interpretation of this order, please could they be handled with the utmost consideration of that wider picture, the sensitivities on both sides and the fact that an enormous amount is at stake? No aircraft will fly for 11 years. It is a long way ahead, and we have many challenges to pass through, and world conditions will probably change enormously by the time we get there. I am sure what I am saying is obvious to the Minister and her government colleagues and I ask to be forgiven for reiterating it. There is a great deal at stake.

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Baroness Chapman of Darlington Portrait Baroness Chapman of Darlington (Lab)
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My Lords, I am grateful to noble Lords who have contributed to this afternoon’s discussion, and will address some of the important questions raised. I am grateful to have the support of the noble Lord, Lord Ahmad, and to hear his trenchant support for GCAP. That is noted, and I am sure it will also be noted by my noble friend Lord Robertson as he conducts his strategic defence review.

I know that the House has a keen interest in the UK’s work as part of GCAP. Together with our partners Japan and Italy we are working to deliver a next-generation combat aircraft with advanced survivability, sensors, weapons and data systems. As well as cutting-edge military technology, the programme is delivering significant economic benefits, with more than 3,500 people already working on GCAP across the UK.

The point made by the noble Baroness, Lady Smith, about investment and opportunities for jobs, and in particular small businesses, was important and well made. I reassure her that there currently are over 600 organisations and academic institutions involved, including small businesses. I thank her for making that point.

I am not an MoD Minister, and my noble friend Lord Coaker would be unhappy with me if I started to give too many of my own opinions on defence issues. We are looking today at the privileges and immunities that will enable us to continue with the GIGO establishment. In doing so we will be able to better support GCAP’s programme aims and fulfilment of the Government’s objectives. We will also be better placed to work with international partners and influence the combat air industry as a result.

The noble Lord, Lord Howell, urged us to handle this programme with sensitivity. He gave wise counsel and his speech was well received. I will keep his wise words in mind.

Just as my noble friend Lord Robertson will hear the support given to GCAP by the noble Lord, Lord Ahmad, I am equally sure that he will hear the argument made by the noble and gallant Lord, Lord Craig of Radley, and the words of support he shared with us.

I am aware of the point made by the noble Lord, Lord Lansley, about the International Agreements Committee. I will discuss this with our business managers. Obviously, there will be no desire to delay anything any further than necessary. He makes the exact point that I would have made, sitting where he is, but we want to make sure that we can proceed in a timely manner. There will be opportunities to scrutinise this, as noble Lords would expect. I also take the noble Lord’s point about the strategic defence review, and ask him to note that we have brought this here today in a timely way.

The noble Viscount, Lord Trenchard, asked an important question about where the location will be and when that announcement will be made—the answer is in due course. I am told that there are commercial sensitivities around this, which I am sure he will appreciate, but I am heartened to know that there would be considerable pride taken in hosting this organisation, wherever it ends up being established.

As a Government, we of course welcome the opportunity to work with the Indo-Pacific region. No reluctance should be interpreted in any way about the Government’s enthusiasm for working with Indo-Pacific nations. I speak as the new Minister for Latin America, so I am very keen that we take this approach.

My heart always sinks a little when I am challenged by my noble friend Lord Liddle. We do not enter these arrangements lightly. There are clear benefits for both defence capability and jobs and skills. My noble friend made a strong case for this strategic defence review. He is very well placed to make sure that his view is known to his noble friend Lord Robertson.

I am also grateful to the noble Lord, Lord Naseby, for his offer of support and assistance. His experience in this and in the other place will be invaluable.

The issue of further partners was raised by my noble friend Lord Liddle and the noble Baroness, Lady Smith. All three GCAP partners have highlighted our openness to working with other nations through this programme while supporting the objective of the core partners, delivering a successful programme and keeping us on course for a 2035 in-service date. Any decisions on wider partnering will be made together by the core partners.

The noble Baroness, Lady Smith, introduced her question by talking about membership of the EU and whether we might wish to rejoin. I am not sure if that is her party’s position currently—I may have missed it—but it is not currently the Government’s position.

Baroness Smith of Newnham Portrait Baroness Smith of Newnham (LD)
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To clarify, I was merely speculating about where a country might wish to join—or rejoin under Article 49. I was not suggesting that noble Lords on any Benches are necessarily pushing for it at this stage.

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Baroness Chapman of Darlington Portrait Baroness Chapman of Darlington (Lab)
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I am sure that the whole House is grateful to the noble Baroness for that clarification.

Motion agreed.