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

Lord Collins of Highbury Excerpts

Monday 6th September 2021 Grand Committee

I shall go beyond the specifics of the SI and ask the Minister about the granting of visas for the associated events that will go on around the summit, for instance, the youth summit. I declare my interest as a vice-chair of the All-Party Parliamentary Group for Africa. He will be aware of the deep concern expressed in its report a year or two ago about the persistent failure to grant visas to people from Africa, particularly young people. Again, when I was a member of the governing council of the International Planned Parenthood Federation, our youth representatives were almost always not allowed to join us at our six-monthly meetings in London because they had been refused visas. Can he give some assurance that, conducive with all the necessary security and other factors, we will provide access to young people who represent the youth in their countries?

[Lord Collins of Highbury (Lab)]

My Lords, I join the noble Lord, Lord Oates, in saying that the instrument is an essential part of hosting COP 26; it is a long-standing convention with summits held away from the UN headquarters. As the Minister said, we are also implementing a host-country agreement. With COP 26 now only a short time away, the Government must use it as our last and best hope of a global breakthrough to limit temperature rises to 1.5 degrees.

As we have heard, the order reflects the immunities and privileges instruments that the House has debated in recent months, such as the order on the Bank for International Settlements. In this case, privileges and immunities will be received by representatives of parties and observer states, officials of the specialised agencies of the UN and select other representatives, such as those from the Adaption Fund, the Green Climate Fund and the Global Environment Facility. While that is standard practice for the first group—representatives of parties and observer states—I reiterate the point made by the noble Lord, Lord Oates: what risk assessment has the department made of the possibility of hostile individuals or states abusing their immunities and privileges while in the UK? Also, in relation to the privileges granted to UN officials, the list in the order includes only specialised agencies. Does that mean that attendees from other UN bodies, including the UN Environment Programme, will not be given immunity? Was that issue raised during negotiations on the host agreement?

The period for which immunities and privileges apply is between 31 October and 12 November, which reflects the slightly extended duration of the summit, which is now set to begin on 31 October rather than 1 November. When the decision was made to extend the summit, the reason given was that it would allow additional time to complete its work. Can the Minister expand on that and explain why the summit was extended? I have no objections, certainly if it means that we reach agreement, but it would be good to have a better understanding of the decision.

I turn to the host agreement which the instrument relates to. In addition to agreeing to the immunities and privileges, which the Minister mentioned, as well as Covid arrangements and all the requirements that we are undertaking to make the summit safe, one of the other commitments made in the host agreement is that we must

“provide facilities that are environmentally sound and in accordance with the ideals provided for under the United Nations Framework Convention on Climate Change … the Kyoto Protocol and the Paris Agreement.”

Can the Minister explain exactly what steps we have taken, along with the devolved Government in Edinburgh, to meet that objective? Given that the host agreement also refers to a “separate supplementary agreement” for “pre-sessional meetings”, can the Minister confirm whether any further instruments are expected as a result of that agreement? Will we be extending immunities for those particular sessions?

In conclusion, this is a decisive decade in the fight against climate change and environmental breakdown but the world is currently not on track to meet the goals of the Paris Agreement. Therefore, COP 26 is a critical moment for our planet and our country and we can all hope that the Government will use this event to keep alive the hope of limiting global heating to 1.5 degrees centigrade. I look forward to the Minister’s assurance on the questions I have put to him.

[Lord Parkinson of Whitley Bay (Con)]

My Lords, I am grateful to the noble Lords, Lord Oates and Lord Collins of Highbury, for their questions and points on this statutory instrument. I am grateful too for their recognition that this is in line with the obligations on us as the president of COP and, indeed, with long-standing precedent. I will address the questions that they have posed today, and if I miss any, I hope that they will forgive me for writing with further detail, but I shall attempt to cover all the points that they raised.

The noble Lord, Lord Oates, asked about the extent of the immunity. The UNFCCC requirement is to grant

“immunity from legal process in respect of words spoken or written and any act performed … in connection with”

participation in COP 26 to the registered COP 26 participants under the agreed Article 2 categories. Many participants in COP 26 and associated meetings will already enjoy privileges and immunities by virtue of their function or position if they are a Head of Government or have diplomatic status, for instance. It is standard practice, as the noble Lord recognised, for host Governments to grant appropriate privileges and immunities to UN-associated international conferences, based on the UN general convention of 1946.

The privileges and immunities accorded to participants in COP 26 and associated meetings will apply only when participants are exercising their official functions at the conference and associated meetings. The purpose of the privileges and immunities is not to benefit individuals but to ensure that they are able to perform their official duties smoothly and efficiently. We expect all participants to respect our laws and regulations. I hope that addresses the question on the extent.

The noble Lord, Lord Oates, asked how many people will be combined within the three categories mentioned. Obviously, it depends on those participating in person, but I can give a figure of around 12,000 people. The noble Lord also asked about personal baggage. That will not be immune from search, but official papers and baggage will be protected.

The noble Lords, Lord Oates and Lord Collins, both asked about security risks. We are partnering with the United Nations, and the UK will have the opportunity to vet all participants. Their privileges and immunities granted under this SI are limited to their official acts.

The noble Lord, Lord Oates, asked about visas. Visas for other meetings will depend on the status of the meeting, so if it is part of COP 26, the COP rules will apply. That is primarily a question for the Italians as it will apply from 28 to 30 September but I will certainly follow up the points he raised, particularly on Africa.

The noble Lord, Lord Collins of Highbury, asked about the rationale for the extension of the dates. I cannot speak about the policy extent of COP more broadly today but, from the point of this statutory instrument, the dates cover the dates where we would expect people to be in Glasgow performing those official duties. He asked whether other statutory instruments would be needed for supplementary meetings. We do not think other statutory instruments will be required.

I hope that addresses all the questions but, as I say, I will make sure that I consult the official record and provide answers to any that I have not. With gratitude for noble Lords’ support, I commend this order to the Committee.