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

Priti Patel Excerpts

Committee stage & Report stage
Wednesday 13th November 2024 Public Bill Committees

The actual suite of privileges and immunities to be accorded, including relevant exceptions and limitations, will be determined on the basis of the functional needs of each organisation, and will be specified in the Order in Council. We hope to lay that in due course, in consultation with those organisations and following the passage of this Bill. For example, the arrangements will make it clear, as is standard practice, that there will be no immunity from legal suit in the case of a motor traffic offence or damage caused by a motor vehicle. That reflects some of the harrowing cases that we have seen, and I know that this important matter is of interest to Members. I commend the clause to the Committee.

[Priti Patel (Witham) (Con)]

It is a pleasure to serve under your chairmanship, Mr Vickers. I echo the Minister’s words about the Committee, the long-standing support for this Bill and the work that took place, including before I arrived in post. As was set out on Second Reading, not only do the Opposition support the Bill, but it is important to recognise the work of the CPA and the ICRC. I have had the great privilege of working with the ICRC in, I am afraid, harrowing times of conflict, instability and great humanitarian crisis around the world, and we should all support the bravery that their workers show, as well as their dedication to being a force for good.

The CPA’s work is central to realising the Commonwealth charter’s commitment to

“the development of free and democratic societies”,

as well as capacity building. It is vital that we continue to nurture and support that, because democratic legislatures around the world are pivotal to the security that we all want to see. The ICRC has a unique legitimacy to engage parties to conflict and access vulnerable people in conflict zones, and that is why is the Bill is so important. No one and no country should ever take that for granted, particularly given some of the hostilities and fragility across the world.

In the light of our long-standing commitment to the Bill, my remarks will be brief. It is clear that the legal changes in the Bill are absolutely necessary for the proper functioning of the CPA and the ICRC. Specifically on the CPA, we support clause 1 and the concept of effectively treating the CPA as an international organisation—it feels almost perverse that it has taken this long to get to that stage. We want the CPA to be able to fully participate across a range of areas in which it currently faces restrictions. The Bill provides a clean legal solution with regard to its key international functions, so it is right to make these changes. The Bill’s proposal that its legal capacities become almost corporate functions is highly sensible. Again, on the privileges and immunities that the Minister has outlined in the schedule, and the conditions of application, the approach is proportionate in relation to the function of the CPA and the ICRC.

We recognise the necessity of clause 3. Among other things, it will assist the courts, and the Minister and I are pretty familiar with some of the issues relating to the status of a person who might have been granted privileges and immunities. It would be useful if the Minister set out the steps he will take once the Bill passes, so that we lean in and advance what is being done to support the work of the CPA. I refer to the support for both the UK delegation and the CPA’s wider work.

The Minister mentioned CHOGM. There was a communiqué about democratic institution building, as well as election observation and support, that stated:

“Heads requested the Commonwealth Secretariat to develop a plan for the whole-of-election-cycle approach and to ensure that there is sustainable financing for this work.”

What role does the Minister think the CPA will have in that, and what kind of contribution does he see it making?

[Mr Gagan Mohindra (South West Hertfordshire) (Con)]

It is a pleasure to serve under your chairmanship, Mr Vickers. It is unusual for the shadow Whip to say anything during Committee, but I want to make a declaration of interest: I am one of the vice-chairs of CPA UK and a director and trustee of the Commonwealth Parliamentary Association UK branch. This is a non-pecuniary interest.

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Important limitations have been incorporated into the proposed text. For example, the exemption is limited to information that has been communicated by the ICRC to the UK Government in confidence—for instance, as part of its confidential bilateral dialogues relating to the ICRC’s humanitarian activities. It does not apply in respect of criminal proceedings. The provision engages the rights under articles 6 and 8 of the European convention on human rights, and the Foreign Secretary has made a statement under section 19(1)(a) of the Human Rights Act 1998 that the provisions of the Bill are compatible with convention rights.

[Priti Patel]

I am very grateful to the Minister for the way in which he outlined the detail of clause 2. First, we recognise the benefits of conferring the legal capabilities of a body corporate on the ICRC, which includes contracts and the acquiring and disposing of property and legal proceedings. That is vital. Regarding legal disclosure requirements, it is right that sensitive information that the ICRC shares with the Government is protected. The Minister has succinctly outlined the reasons for that, and I completely endorse and support them.

We do not want the ICRC to be restricted in the level of information that it shares. We are contributors to the international aid budget and great supporters of the ICRC. Whether it is assessments or understanding the resources that are needed, all of this helps with the analytics, which helps the UK Government to step up in times of crisis and provide the resources that are needed. We should not do anything that would weaken our ability to work in a constructive way, particularly at times of crisis.

It would be very helpful if the Minister shared his thoughts on the use of these provisions in driving forward our relationship with the ICRC., because it is about results. The Minister will know from my previous incarnations my focus on delivery of results, which is even more important in times of humanitarian crisis. It would be helpful if he said where he has made assessments of areas in which we could do more together to drive outcomes. It might not be appropriate now to give the illustrations but, in due course, we should work together on this, because it should go beyond money.

The Minister made an important point about ensuring that the legal capabilities and proceedings work in the right way for the ICRC, but do not cross over into criminal proceedings. The Minister will recognise my point on this. I am afraid that there have been appalling situations within the development sector, where we have seen, fortunately, whistleblowers disclose harrowing information—sexual abuse, violence, people abusing their positions—but not enough done within the development community to deal with it. I am heartened by the Minister’s assurances and, in due course, I believe that the British Government can step up in this area and become the leaders that we should be, to show that we have no truck with the wrong kinds of behaviours. Not only that, we can work with organisations such as the ICRC to use criminal proceedings in the right way to show that we will not tolerate wrongdoing.

My final comment is on a Treasury matter. We recently had the Budget, and the ICRC and other organisations, including the CPA, will be subject to replenishments at some stage. This is not a subject for detailed discussion now, but would the Minister indicate, in light of this Bill, the provisions and the support we are giving to the ICRC, where he sees the future funding pathway giving the ICRC the resources it needs to carry on being the strong, successful force for good in the world that we all want it to be.

[Monica Harding]

The Liberal Democrats support the immunities and privileges given to the ICRC under the Bill, which support its unique mandate of neutrality. Its work is needed more than ever on the frontline of conflict—there are more than 120 ongoing armed conflicts in the world—not least in its understanding and witness to the exercise of humanitarian law, which is sometimes applied permissively. I pay tribute to its work, and the Liberal Democrats support the clause.

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Clause 6 outlines the fact that provisions in the Bill extend and apply to the whole of the UK as a reserved or excepted matter relating to the conduct of international relations. The Bill will come into force on the day on which it receives Royal Assent and may be referred to as the Commonwealth Parliamentary Association and International Committee of the Red Cross (Status) Act 2024. Finally—again, this is one of the slightly unusual technicalities that those new to the House might not understand, but it is important—Government amendment 1 in my name will remove the privilege amendment made in the other place in respect of the financial privilege of the House of Commons. That is a standard procedure for Bills that start in the House of Lords.

[Priti Patel]

I thank the Minister for articulating the whole premise of an Order in Council, which is a long-standing procedure. There is not much for me to add on clause 4, because that is procedural. We know the merits of the Order in Council and the technicalities through which it will support various provisions. Clause 5 is technical and we do not object to it. I also support clause 6 and the removal of the insertion from the other place, which no one really understands.

Before I conclude, I thank everyone who has been involved in the development of the Bill, including former and current members of the CPA. Many long-standing figures have played an important role in shaping the CPA, its work around the world and the Bill. Importantly, the House should recognise the natural nurturing and important strengthening of institutions across the Commonwealth. We all have an interest in that, and it is crucial to continue that.

Finally, I thank the 18,000 staff of the ICRC around the world. I have worked with them and served alongside them in many capacities in the past, and this Bill will absolutely do what is required to give them not just the resources, but the footing that they need to deliver, as set out in the Bill.

Question put and agreed to.

Clause 4 accordingly ordered to stand part of the Bill.

Clause 5 ordered to stand part of the Bill.

Clause 6

Extent, commencement and short title

Amendment made: 1, in clause 6, page 3, line 34, leave out subsection (4). —(Stephen Doughty.)

This amendment removes the privilege amendment inserted by the Lords.

Clause 6, as amended, ordered to stand part of the Bill.

Schedule agreed to.

[Bambos Charalambous (Southgate and Wood Green) (Lab)]

I want to make a declaration of interest before we conclude. I was a member of the CPA executive. I believe my hon. Friend the Member for Edmonton and Winchmore Hill also wants to say something. I apologise for my lateness today.