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

Baroness D'Souza Excerpts

2nd reading
Friday 17th May 2024 Lords Chamber

Moved by

[Baroness D'Souza]

That the Bill be now read a second time.

[Baroness D'Souza (CB)]

My Lords, before moving to the substance of the Bill, I will say how much I welcome, with a heavy heart, the valedictory speech of the noble Earl, Lord Sandwich, who has been a stalwart on the Cross Benches for many decades. We hope very much that he will continue to talk and write on those subjects in which he has long experience and great expertise. I look forward to that, but, as I say, with a heavy heart.

This is a short and, I trust, uncontroversial cross-party Bill which has come to this Chamber having passed Second Reading unanimously in the other place. In brief, the Bill seeks to alter the legal status of two international organisations: the Commonwealth Parliamentary Association, in respect of which I declare an interest as a member of the executive committee; and the International Committee of the Red Cross. Both organisations have their own unique constitutional arrangements, reflecting their specific mandates, which now need to be updated.

The Bill will enable the Government to treat the CPA and the ICRC in a way comparable to other international organisations—for example, the Inter-Parliamentary Union in Swiss law and the Assemblée parlementaire de la Francophonie in French law. Prior to the Bill, this was not possible because neither organisation fell within the scope of existing powers under the International Organisations Act 1968, as neither organisation is an inter-governmental body.

At present, the CPA operates as a UK-registered charity regulated by UK charitable law. It is sometimes perceived as a UK institution, rather than an international one. The organisation builds support for parliamentary democracy by recognising, with a non-partisan approach, the national and sub-national contexts of its members. The organisation, reflecting the wider Commonwealth, with 108 member Parliaments, wishes to have the freedom to undertake wider activities in promoting democracy and protecting the values and principles set out in the Commonwealth charter. In so doing, the CPA secretariat would be able to enjoy privileges and immunities, as set out in Part 2 of the Schedule, similar to those of the Commonwealth Foundation, Commonwealth of Learning and any number of other international organisations.

The ICRC operates in accordance with its international mandate of strict adherence to principles of neutrality, impartiality and independence, as well as its working method of confidentiality. This necessary confidentiality extends to court testimony and is accepted by the UK informally. However, UK law, unlike that in other countries in which the ICRC operates, does not provide statutory protection for this fundamental working practice, most especially in conflict zones. The Bill is therefore crucial in enabling ICRC life-saving humanitarian activities, in conformity with its fundamental principles.

This paving Bill, having six clauses and one schedule, creates the power, by means of an Order in Council, to confer the legal capacity of a body corporate on the CPA and the ICRC. Clauses 1 and 2 specify the secretary-general of the CPA and named officers of the ICRC who may be accorded privileges and immunities. These privileges and immunities do not extend to those other than the secretary-general of the CPA and do not affect branches. In the case of the ICRC, the Bill allows for certain confidential information that the ICRC shares with the UK Government to be exempted from legal disclosure requirements, whether in civil UK court proceedings or in tribunals. It grants both organisations certain privileges and immunities commensurate with each of its functional needs, and it provides that references to international organisations in general legislation henceforth include the CPA and the ICRC.

The Bill will allow bespoke enabling powers, by means of secondary legislation, for the CPA and the ICRC to operate as international bodies in the UK, with the attendant privileges and immunities. The powers specific to each organisation will be subject to the monarch’s approval and draft affirmative parliamentary procedure, which requires the approval of both Houses of Parliament.

The exact privileges and immunities for both organisations, their property, information and personnel, set out in Parts 1 and 2 of the Schedule, will be drawn up by the Government according to the functional needs of both organisations and will be detailed in separate written arrangements. Those arrangements will be agreed with both the relevant organisations through prior consultation. These privileges and immunities would normally refer to immunity from such things as legal process, inviolability of archives and premises, and exemptions from tax and duty, as set out in Article 23 of the 1961 convention articles.

There are clear reasons why this status should be conferred on both the CPA and the ICRC. The CPA’s current legal status has been a contentious topic of discussion for many years within the CPA, and many previous attempts to remedy it have led to frustration and even threatened the CPA’s stability due to possible fragmentation. Several member countries have said that membership fees might be withheld if action such as that set out in this Bill was not forthcoming. Given that the CPA is almost 90% dependent on membership fees for its operations, this would be a serious blow. The CPA governing body agreed at the CPA’s annual conferences of 2022 and 2023 that should a new legal status fail to be achieved, the headquarters should be relocated to a member state that would provide the organisation with such legal recognition and the related privileges and immunities. Given that the overwhelming majority of other Commonwealth organisations are headquartered in the UK, this would affect the UK’s involvement, in part due to its regular links with the number of Commonwealth diplomatic missions based in London.

The new legal status would strengthen the influence of the CPA and provide for a more authoritative international presence. For example, at a time when the international order, parliamentary democracy and human rights generally face serious challenge, a new status will encourage members to work together on a level playing field and occupy equal standing in international forums. Above all, gaining international status would enable other parliamentary strengthening partners to see the CPA as a credible, and possibly even preferred, partner for those legislatures involved in capacity building.

The ICRC’s unique international humanitarian mandate and mission have been recognised by more than 110 states, which have accorded it international organisation status. This Bill would ensure that equivalent treatment was given to the ICRC within the UK legal system. The relevant privileges and immunities granted are crucial if the ICRC is to continue its UK operations in accordance with its international mandate.

I very much hope that this paving Bill will have an uncomplicated passage in your Lordships’ House. There will be an opportunity later in its passage to thank all those who have long worked to bring it to this advanced stage and, with luck, on to the statute book. Meanwhile, I beg to move.

--- Later in debate ---

[Baroness D'Souza (CB)]

My Lords, I warmly thank the Minister for his words and his support for this Bill, as with so many other issues. He should know how grateful we all are both that he has enabled this Bill to come to the fore—again, as with many other issues—and that this is likely to become law shortly.

I thank the noble Earl, Lord Sandwich—or Johnnie, as I know him—for his typically sincere and moving argument. Let me say once again how greatly we will miss him, but we all hope that we will stay in touch.

Dame Maria Miller has received many accolades during the course of this debate, and rightly so. I am sure that there are many more to come in the later stages of this Bill, but I want here to acknowledge her absolute determination to get the Bill through the other place, thereby allowing it to come here.

I warmly thank all contributors for their unqualified support. It gives me hope that this Bill will shortly become law. I also thank my noble friend Lord Verdirame for his words. I completely appreciate the cautions that he presented on privileges and immunities. Much as I have been a critic in the past, and continue to be a critic, of the overuse of secondary legislation, I believe that it is appropriate in this case. Of course, I reiterate that, as the Minister said, it will be subject to affirmative procedures and will be drawn up with consultation of the relevant people in the two organisations. I do like very much his idea that the privileges and immunities will be scrutinised by the International Agreements Committee. That is all I have to say. I beg to move.

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