Draft Square Kilometre Array Observatory (Immunities and Privileges) Order 2020

Chris Bryant Excerpts

Wednesday 9th September 2020 General Committees

[Chris Bryant (Rhondda) (Lab)]

Thank you—I always want to call you Mr Leigh, but I suppose you are Sir Edward. It is an irony of being be-knighted that that is what happens. I am scandalised that the Minister says we have to discover where magnetism comes from, because it clearly comes from somewhere between Gainsborough and Rhondda. I do not think any more investigation is needed.

I have some serious points. Of course I support the measure before the Committee but I want fully to understand the dispute process—should there be any disputes. Clearly that is important whenever we enter into any international organisation. I remember when similar legislation was brought forward for the Olympic Delivery Authority and we had to be careful about the disputes process then. As I understand it from article 14 of the convention, disputes would happen in the Permanent Court of Arbitration, but is the Minister absolutely confident in the belief that we would get a good outcome from that if there were to be a problem?

Secondly, of course I understand the concept of immunity from suit. That is standard for all such international organisations and has been around since just after the second world war. However, I note that the Minister said it does not include road traffic law. I presume that means the congestion charge, parking and things like that; but does it include fraud? What other elements of criminal activity in this country would be exempt? Obviously quite a lot of people in this country are anxious about the way diplomatic immunity is waved around at the moment to protect people in relation to serious legal infringements.

Thirdly, obviously China is one of the signatories. That worries me to some degree. I note that it has not yet ratified, but I worry about its access to the intellectual property that is inherent in the matter, not least because article 11(1) of the convention, I think, says that IP policy has to be agreed unanimously. Obviously therefore China would have a veto on any intellectual property policy that it was not happy with. I worry about that, if I am honest, and I hope that the Minister can assuage my concerns.

I worry also about the measure relating to archives and premises. It is the archives bit that I am concerned about. I do not know what that means in terms of freedom of information—what access we would have in the UK to information, or whether there would be a bar to access. Who makes those decisions and how do we make sure that money is being correctly spent? I would be grateful to know who the two British Council members are, how they were appointed, and where they have come from.

Finally, article 8(8) of the convention says that the HQ, which obviously as things stand will be here, is decided by consensus. What happens if that consensus changes? Again, what role would China play? I note, incidentally, that the original convention refers to India, New Zealand and Sweden as signatories, but the explanatory memorandum that we have had merely refers to South Africa, Australia, China, Italy, the Netherlands and Portugal. I wonder what has happened to India, New Zealand and Sweden. Have they fallen off the list somehow?