Draft Conference of the Parties to the United Nations Framework Convention on Climate Change (Immunities and Privileges) Order 2021

James Duddridge Excerpts

Monday 13th September 2021 General Committees

[The Chair]

Before we begin, I encourage Members to wear masks when not speaking, which is in line with current Government guidance and that of the House of Commons Commission. Please give each other and the staff space when seated and when entering and leaving the room. Speaking notes should be emailed to [e-mail], and any officials in the Public Gallery should communicate with Members electronically.

[The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (James Duddridge)]

I beg to move,

That the Committee has considered the draft Conference of the Parties to the United Nations Framework Convention on Climate Change (Immunities and Privileges) Order 2021.

The instrument before us today was laid on 7 July in accordance with section 10(1) of the International Organisations Act 1968 and confers privileges and immunities in order support COP26. The draft order is required so that the UK can comply fully with the obligations of the host country agreement, which was negotiated with the secretariat of the United Nations framework convention on climate change.

The conference represents a unique opportunity to demonstrate the UK’s global climate leadership. During the COP26 talks, teams of negotiators, Government representatives, businesses and citizens will work together to solve the deeper problems around COP and the four priorities of mitigation, adaptation, climate finance and co-operation. We will welcome participants to Glasgow and recognise the need for them to be able to perform their functions freely and openly. I am able to confirm that we have reached an agreement to confer privileges and immunities on only three categories of participants: UN officials who do not already enjoy them; delegation members and observer states, otherwise known as “the parties”; and core personnel from the Clean Development Mechanism, the Green Climate Fund, the Adaptation Fund, and the Global Environment Facility.

To be clear, the order covers only acts performed in the course of official duties. It does not grant personal immunity, nor does it extend to British nationals, permanent residents, or spouses and partners. That is in line with other Government-to-Government conferences such as the G7 and Commonwealth Heads of Government meeting, both of which the UK recently hosted.

We have agreed with the UN a robust framework that will remain in place during the conference. It provides a balance between our desire to limit the granting of privileges and immunities and COP’s founding principles that all participants should, quite rightly, be able to voice their legitimate opinions without fear of legal repercussions. It also avoids setting an unwelcome precedent for UN conferences held in countries that lack the level of personal freedoms we in the UK are so proud to enjoy, particularly around the freedom of assembly. I commend the draft order to the Committee.

--- Later in debate ---

[James Duddridge]

I thank hon. Members for their constructive support for this SI. As for the number of people attending, the total is around 25,000, although others will clearly go along to fringe events. Approximately 12,500 people will be subject to the privileges and immunities—that is to say that they will be within the secure blue zone. I am sure that Glasgow will be full of many other activities outside the zone, but they are quite rightly not covered by the privileges and immunities. That perhaps answers the question of the hon. Member for Birmingham, Selly Oak. In fact, I am unsure whether there will be any vehicles in the blue zone. The privileges and immunities cover only the principal individuals, not their wives, husbands and families, and only within that secure area and only if they are doing their actual job—not driving, for example. The definition is narrow, partly because of the issue he raises.

The hon. Member for Cardiff South and Penarth talked about participation. It is important that as many parties participate as possible. The UN owns the list—it is a UN conference in the United Kingdom—so participation is a matter for the UN. It is arranging double vaccination for those coming, although take-up is low largely because attendees are likely to be double vaccinated already.

The hon. Gentleman mentioned the overseas territories, for which I was Minister with responsibility from 2014 to 2016. They are not officially parties to the agreement because they are not nation states, but the smaller islands clearly suffer worse from climate change and should be fully engaged. I will do everything to assist and help in that.

I do not have a full list of delegations, but certainly all the African countries that the hon. Gentleman and I communicate with have been invited and encouraged, and they are coming at various levels. I am therefore not concerned about the level of representation. He asked whether Afghanistan would be represented; I am not sighted of that matter, but I am happy to find out and send on that information.

NGOs and activists are outside the blue zone and will not be covered by the privileges and immunities legislation. I thank the Committee for this constructive sitting.

Question put and agreed to.