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

Stephen Doughty Excerpts

Monday 13th September 2021 General Committees

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

It is a pleasure to see in you in the Chair, Ms Fovargue. The official Opposition will of course not be opposing this statutory instrument, because it simply forms the standard process around events of this nature, as the Minister set out. I do, however, have some questions, particularly given some concerns around the organisation of the conference and covid regulations, and because is important to understand the legal privileges and immunities.

The Minister set out the categories included in the order. Will he say how many attendees will be covered by the categories of UN officials, delegations and observers—“the parties”—and the CDM, the Adaptation Fund and others? He will also be aware of the concerns expressed by the Least Developed Countries Group as recently as 10 September. This was not only about their demands at this COP for fair and ambitious action to meet the 1.5° pathway and mobilising scaled-up support for many of the countries most vulnerable to climate change, which are right and substantial, but their ability to participate in the conference, which is crucial to ensuring that their voices are heard and that pressure is put to bear on some of the world’s bigger emitters. If we are seeking the ambitious outcomes that the Government and the COP President have set out, how will we ensure that that group is able to participate?

The group stated on 10 September:

“We need assurances from the UK that COP26 will be fully inclusive and fair. Our countries and our people are among the worst affected by climate change – we must not be excluded from talks deciding how the world will deal with this crisis, determining the fate of our lives and livelihoods.”

The Minister will be aware that 20 countries from the group are currently on the UK’s travel red list, which comes with significant legal implications if red list quarantine rules are broken. Will he set out what support is being given to ensure that delegations can be both covid-safe and not excluded from participation? What methods are being put in place for other methods of participation? What support is available for quarantine arrangements and fees? The costs for small delegations that do not have the monetary resources at their disposal that we would have when sending a delegation to the G7 or other conferences will be substantial.

The 20 countries in the group includes many in sub-Saharan Africa, which comes under the normal portfolio that the Minister and I cover and includes crucial countries affected by climate change, such as Mozambique, Malawi, Lesotho, Burundi, the DRC, which is critical given its rainforests and the implications of climate change, and also Afghanistan. Is the Minister aware of whether any Afghan delegation will attend the COP given the indeterminate status of its current regime? We have heard what the Foreign Secretary has said about that, so what are the implications for the types of immunities and privileges being granted under this order?

What proportion of the official delegations does the Minister believe are attached to NGO or activist groups? That could include those who have diplomatic status or others.

[Steve McCabe (Birmingham, Selly Oak) (Lab)]

I am grateful to my hon. Friend for giving way. I do not want to delay proceedings, and I understand the need for this draft order. I was going to ask the Minister this question, but he was too quick for me, so I thought I could ask it through my hon. Friend.

Most people will remember the disquiet in this country around the death of Harry Dunn and the fact that Anne Sacoolas was able to claim diplomatic immunity and return to the States without facing any consequences. Am I right in thinking that the provisions around immunities and privileges under article 5 would mean that if there was a serious road traffic incident, perhaps resulting in a death, the individual responsible would be secure from any consequences? Is that what we are approving?

[Stephen Doughty]

My hon. Friend raises an important point. I have referred to covid laws and regulations, but the order applies to the conduct of delegations in many other respects, so I hope that the Minister will answer that question.

My last question relates to the delegations from the British overseas territories. Concerns have been raised with me by several overseas territories about the size of their delegation, and they feel that they could be more included in the COP process. I assume that they will not come under one of the categories of exemption because they are a part of the UK family, but clarification on that from the Minister would be useful. What does he understand to be their status at the conference?

Our overseas territories not only play a critical in terms of our contribution to global environmental and sustainability targets, particularly given the often pristine marine environments of these island states, but will be directly affected by climate change. In last week’s Westminster Hall debate I mentioned the British Virgin Islands, which suffered seriously during the hurricane of 2017, but it has lost as a result of Brexit some funding for climate change adaptation and resilience. However, it is likely that the islands will, tragically, face more hurricanes because of our warming environment.

Finally, the Intergovernmental Panel on Climate Change’s message is clear, and the unequivocal evidence is that we are in an emergency. It is right that the summit has an ambitious agenda, but that requires the participation of the countries and individuals who are most affected by climate change and will live with the consequences the longest. As I said, the Opposition will not oppose this draft order and its broad principles, but I hope the Minister will be able to answer my detailed questions.