Draft European Forest Institute (Immunities and Privileges) Order 2024

Stephen Doughty Excerpts

Wednesday 23rd October 2024 General Committees

[The Minister of State, Foreign, Commonwealth and Development Office (Stephen Doughty)]

I beg to move,

That the Committee has considered the draft European Forest Institute (Immunities and Privileges) Order 2024.

It is a pleasure to serve under your chairpersonship, Mr Twigg, and to move my first statutory instrument as a Minister. I am pleased to be here with the shadow Minister and others. This order, which I hope is uncontroversial in nature, was laid in draft before the House on 15 May 2024 during the previous Administration in accordance with the International Organisations Act 1968. It is subject to the affirmative procedure and will be made once it is approved by both Houses.

The main legal recourse to grant privileges and immunities to international organisations with a presence in the United Kingdom, as discussed in the main Chamber yesterday, is the International Organisations Act 1968, which specifies the maximum privileges and immunities that may be accorded in the UK to various categories of international organisations. The provisions of the Act are applied to the different organisations by means of an Order in Council.

This order will confer on the European Forest Institute a bespoke set of privileges and immunities to enable the organisation to function and operate effectively in the UK. It does not confer legal capacity, as this was conferred on the EFI in the European Forest Institute (Legal Capacities) Order 2005. The order will contribute to the fostering of closer collaboration between the EFI, its members and the UK Government and will support the establishment of a EFI UK office. I think there is unity in the House on this measure, as it was started under the previous Government. We intend to continue with it to allow international collaboration on forests, which are an important issue for the protection of nature, tackling climate change and our support of biodiversity globally.

In granting these privileges and immunities, we will therefore be able to host an expansion of EFI’s International Partnerships Facility in the UK through the opening of a UK office. The International Partnerships Facility is a global centre of knowledge and expertise that supports policy and governance reforms to improve forest governance and safeguard the world’s forests.

The EFI would host a small permanent London team and draw internationally renowned expertise into the UK. With London a major hub for private sector climate finance, there are opportunities to bring international forest and finance experts together to foster new financial initiatives aimed at protecting the world’s forests and tackling climate change and nature loss, which are major priorities for me, the Foreign Secretary and the whole of the new Government.

This order affords the director, head of office and EFI staff members a bespoke set of privileges and immunities that diplomatic agents of diplomatic missions established in the UK would be entitled to, including an exemption from suit and legal process. However, as was mentioned yesterday, no immunity is conferred in the case of a motor traffic offence or damage caused by a motor vehicle. That is now a standard clause in statutory instruments and treaties providing for privileges and immunities.

The Government consider these privileges and immunities both necessary and appropriate to deliver on the interests and commitments that the UK has toward the EFI. The privileges and immunities conferred will enable its staff to operate effectively within the UK and are in scope of the International Organisations Act and UK precedents for similar organisations. The EFI’s board members and representatives of members are subject to “official act immunities”. Those immunities cover inviolability of official papers and documents, customs provisions and immunity from suit and legal process within the scope of official activities. They also cover the inviolability of the EFI premises and archives, taxes and customs rates and an immunity waiver.

In conclusion, the support for the EFI’s establishment of an office in the UK is a unique opportunity to reinforce the UK’s leadership on international forests and climate policy. The UK has been involved with the EFI for over 10 years, including through the Foreign, Commonwealth and Development Office’s flagship forest governance, markets and climate programme. Together with the EFI we have supported national policy processes on land-use governance in 17 countries across the three tropical forest basins. The EFI is key to that work and the UK remains committed to the organisation. I hope this can be seen as just an important procedural and administrative matter to enable that work to continue.

--- Later in debate ---

[Stephen Doughty]

I am grateful for the support of the shadow Minister and, I hope, of the whole Committee. I hope that she will also support the Iran sanctions regulations later this afternoon. I am sure we will have a slightly longer debate on those important issues, but I am glad for the support and the common ground on this draft order, which is absolutely crucial to issues of nature, biodiversity loss and tackling the climate change emergency. It comes at an appropriate time, as we are between the biodiversity conference of the parties and the nature COP, and the COP in Baku on climate change. Showing our support for this important organisation is key.

The shadow Minister asked about how this will sit within our wider plans. I can tell her that the EFI has been involved directly with supporting the delivery of the FCDO’s flagship forest governance programme, which we intend to continue. That programme aims at reducing the illegal use of forest resources and ensuring benefits for the poorest people who depend on forests for their livelihoods. With the support of that programme and other development donors, the EFI has established the expertise and stakeholder network on forest governance, deforestation and climate change. That provides guidance to more than 20 countries.

I mentioned the EFI’s International Partnerships Facility. That will be absolutely key in making this work going forward, contributing to our wider work as we modernise our development programme, focus on the sustainable development goals, and tackle issues including the expansion of agricultural crops, illegal logging, land use conflicts, and others that the shadow Minister will know are unfortunately driving the challenges we find in forest environments. I would also point out that the EFI can work very closely with our temperate forest measures, which are already driven forward by my colleagues in the Department for Environment, Food and Rural Affairs. There we could have the international and the domestic coming together for nature and climate change. I hope the Committee will recognise the importance of that.

The EFI is a valuable partner for the UK in delivering our international ambitions on biodiversity loss and sustainable development. A London office that functions fully will serve as a valuable catalyst for bringing together international expertise, and bringing that to bear on forest governance globally. I hope that I have answered the shadow Minister’s questions and given the Committee the assurance it needs.

Question put and agreed to.