Contribution
The right hon. Gentleman can be assured that these are the appropriate measures. We have determined this way in line with previous discussions on the previous iteration of the Bill. This is the best way to achieve the aims of the Bill in a timely fashion, so that the provisions are put in place for the CPA and the ICRC. I am very happy to write to him further on this matter. The Bill will face scrutiny in Committee, where we will be able to discuss these matters in greater detail.
The provisions in clauses 1 and 2 will ensure that the CPA and the ICRC can be accorded comparable treatment to an international organisation, even when the definition of international organisation in existing legislation is limited to intergovernmental organisations. For the CPA, this treatment will be limited to its core international organs, such as the secretariat. It is not intended that any privileges, immunities or other facilities be extended to any of the national or sub-national branches, so this is a limited provision.
The arrangements for both organisations will detail the day-to-day management of the privileges and immunities granted on a functional needs basis, and other facilities. They will make it clear that there will be no immunity for the CPA’s secretary-general or representatives of the ICRC in respect of damage caused by, for example, a motor vehicle operated or owned by either. The way that the limitations and requirements have been set out in this regard is important.
Clause 2(1)(e) lays out an important confidentiality provision, to protect certain information provided in confidence to His Majesty’s Government by the ICRC from being disclosed in UK civil court proceedings or under any statutory provision or rule of law. As my noble Friend Baroness Chapman stated on Second Reading in the other place, this provision reflects the ICRC’s standard working method of confidentiality, which is designed to protect its staff and operations in active conflict zones. I am sure that Members will understand that publicly disclosing information that the ICRC obtains from confidential dialogue with conflict parties is likely to put at risk its ability to have confidential dialogue with conflict parties, its humanitarian access and, indeed, the security of its staff, and might result in the ICRC restricting the information it shares with the UK.
However, in relation to the concerns that Members have raised in the past, the Bill does not provide an absolute blanket exemption for disclosure requirements for all ICRC communications. Important limitations have been incorporated, such as the exclusion of criminal cases. The Government continue to be committed to respecting the confidentiality of ICRC information as a matter of policy. Past practice has demonstrated the importance of doing so. The Bill is an opportunity to end any uncertainty about the Government’s position and to put this practice on a statutory footing.
I want to turn briefly to clause 3, which is equivalent to section 8 of the International Organisations Act 1968, which allows the Secretary of State to certify questions of fact relating to the status of, or the privileges and immunities conferred on, the organisations. In the context of court proceedings, if a question arises of whether a person is entitled to any privilege or immunity by virtue of an Order in Council made under clauses 1 or 2, such a certification is to be treated as conclusive evidence of those facts for the purposes of proceedings.
Clause 4 details the scope and extent of the Orders in Council that confer privileges and immunities on both organisations under clauses 1 and 2 respectively—this relates to the intervention from the right hon. Member for South West Wiltshire (Dr Murrison). An Order in Council may make different provisions for different cases or persons, and it may also contain consequential, supplementary, incidental, transitional or saving provisions. Clause 4 also provides the enabling power for two important aspects: first, the Order in Council may specify circumstances in which privileges and immunities do not apply, either because of an exception or because they have been waived by the organisation; and secondly, the Order in Council may specify that fiscal reliefs and exemptions are subject to arrangements or conditions imposed by the Secretary of State.
Clause 4 provides that any Order in Council made for these purposes will be subject to the draft affirmative parliamentary procedure, which means that they will require the approval of both Houses before they may have effect. The list of privileges and immunities that may be conferred on both organisations is set out in the schedule to the Bill and has been informed by the International Organisations Act.
Briefly, clause 5 explains that the term “ICRC” means the International Committee of the Red Cross, as given under clause 2(1)(a), and it ensures that the definition of “statutory provision” allows for the treatment of the CPA and the ICRC as international organisations in respect of all relevant primary and secondary legislation, including devolved legislation in Scotland, Wales and Northern Ireland whenever made.
In conclusion, and to reiterate what was said in the other place, the Bill will give the CPA and the ICRC the correct status in UK legislation to allow both organisations to continue their international operations without unnecessary restriction. The Government have a strong commitment to the Commonwealth. It continues to support our global humanitarian objectives through our work with the ICRC, and the Bill is a true reflection of that. I hope that it will enjoy the wholehearted support of the House as it proceeds swiftly into law. I commend it to the House.