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

(Limited Text - Ministerial Extracts only)

3rd reading
Friday 26th April 2024 Commons Chamber

[The Minister of State, Ministry of Justice (Edward Argar)]

It is a genuine pleasure to speak at the Dispatch Box on behalf of my right hon. Friend the Deputy Foreign Secretary, and it is a pleasure for various reasons. I suspect this will be one of my least challenging appearances at the Dispatch Box, because my right hon. Friend the Member for Basingstoke (Dame Maria Miller) has garnered so much support for these measures across the House and in Government.

It is a pleasure to appear opposite, and respond to once again, the shadow Minister, the hon. Member for Cardiff North (Anna McMorrin), who shadowed me in my role before she was moved to a different team. It is also important to put on record our gratitude, as my right hon. Friend the Member for Basingstoke (Dame Maria Miller) did. We are grateful to her, to my hon. Friend the Member for Bridgwater and West Somerset (Mr Liddell-Grainger) for his work, to Stephen Twigg and his staff, to Mr Speaker, and indeed to the Comptroller of His Majesty’s Household, my hon. Friend the Member for Castle Point (Rebecca Harris), who with the Bill, as with many others, has done so much as the Whip to ensure that it has progressed smoothly and is—hopefully —within touching distance of becoming law.

[Chris Elmore]

I will pay my own tribute to the Comptroller of His Majesty’s Household later, when we come to my Bill. On private Member’ Bills, this shows the House at its best. I think these measures have been debated in a ten-minute rule Bill and a previous private Member’s Bill, and I infer from the right hon. Member for Basingstoke (Dame Maria Miller) that this was a presentation Bill. That shows the importance of the work of the House on a sitting Friday to push through to the other place such legislation, which is so important internationally to so many of our Commonwealth partners, as well as, obviously, the Red Cross.

[Edward Argar]

The hon. Gentleman is absolutely right. I often say when I am talking to schools or more broadly in my constituency—I suspect he does so in his—that if our electorate want to see the House at its best, they should watch the Chamber on a sitting Friday when we are debating private Member’ Bills: there is often much cross-party co-operation and enlightening debate. One goes away not only having hopefully moved things forward and achieved something, but having learned something.

Before I turn to the substance of the Bill, I have a couple of other points to make. I turn briefly to the suggestion made by my right hon. Friend the Member for Basingstoke and my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken) about, I think, the Canadian Parliament—

[Dame Maria Miller]

New Zealand.

[Edward Argar]

I am sorry; the New Zealand Parliament, which gave the power to the Speaker or the Chair that if a Minister had not been deemed by the Chair to have given a sufficiently accurate or appropriate answer to a question, they could have the question re-put to the Minister. I gently say to my right hon. Friend that while that is an interesting suggestion, it would be entirely redundant in this place, given how Ministers always answer directly the question posed to them as fully and helpfully as they can.

The other reason it is a genuine pleasure to be here is that the Bill has been brought forward by my right hon. Friend the Member for Basingstoke. The hon. Member for Ogmore (Chris Elmore) highlighted that she had been forcefully pushing this issue to a conclusion. I must say that, having had the pleasure of working with her on various amendments to legislation in the past, I have always found it wise to agree with her. I am therefore pleased to confirm the Government’s support for the Bill. It is wise to agree with her, not least because generally she is right in the points she is making, as I know from experience. So it is a genuine pleasure to speak on her Bill on this occasion. I recognise in doing so her work as chair of the CPA as well as her work with the Westminster Foundation for Democracy and the huge value that that adds.

This is a hugely important Bill, reflecting on two important organisations. In what can appear to be a fractured and increasingly dangerous world, it is important that we remember and reinforce the role of democracy as a bulwark against authoritarianism and totalitarianism, and indeed the conflicts that can often flow from those.

In respect of the CPA, my hon. Friend the Member for Stoke-on-Trent South (Jack Brereton) set out clearly the importance of its work to promote parliamentary democracy and good government through a range of activities and in a range of forums. It is open and wide-ranging in its promotion of democracy within the Commonwealth context. It is non-partisan and non-prescriptive. It does a huge amount of work to capture the best of parliamentary democracy across the Commonwealth, propagate it and reinforce it.

It is also important, as the shadow Minister did, to recognise the importance of the Commonwealth in that context. She rightly highlighted its 75th anniversary. It is an institution of enduring success and enduring value. We can genuinely characterise it as the Commonwealth family of nations, because we do view all the other members of the Commonwealth as family, as I hope they would view us.

The ICRC was founded 160 years ago. It is

“an impartial, neutral and independent organisation whose exclusively humanitarian mission is to protect the lives and dignity of victims of armed conflict and other situations of violence and to provide them with assistance.”

That is from the ICRC mandate. Its unique international humanitarian mandate and mission have been formally recognised, as the shadow Minister, the hon. Member for Cardiff North highlighted, by states in the Geneva conventions and their additional protocols. This organisation has unique legitimacy to engage all parties to conflicts and has unparalleled access to vulnerable groups in conflict situations. It is frequently the only agency operating at scale in many conflicts. As we look around the world at the conflicts raging, its work has never been more important.

It is a pleasure to confirm the Government’s full support for the Bill and to thank those Members who have contributed today. As set out by my right hon. Friend the Member for Basingstoke, the Bill will enable the Government to treat the CPA and ICRC in a manner genuinely comparable to that of an international organisation of which the UK or His Majesty’s Government in the United Kingdom are a member.

The UK has, as I have highlighted, a huge and long-standing partnership with the CPA, and we recognise the work it does. The UK also views the ICRC as an essential partner for achieving our global humanitarian objectives, with the organisation having unique legitimacy to engage all parties to conflicts and unparalleled access. It also operates in some of the most challenging situations that anyone could face. Its specialised role in engaging with all arms bearers, including the growing number of non-state armed groups, is coupled with its direct delivery of a comprehensive range of integrated humanitarian assistance and protection programmes.

Treatment as an international organisation will allow both the CPA and the ICRC to deliver their objectives while operating in the UK. In the case of the CPA, it will facilitate the organisation to operate fully across the Commonwealth and international fora, including in areas where it is currently restricted by its charitable status. While it is not possible under the International Organisations Act 1968, as was highlighted by my hon. Friend the Member for Cities of London and Westminster, to accord it the privileges and status it needs, this legislation fills that gap.

For the ICRC, treatment as an international organisation will critically enable it to operate in the UK in accordance with its international mandate, maintaining its strict adherence to the principles of neutrality, impartiality and independence and its standard working method of confidentiality, which is designed to protect its staff and operations in active conflict zones. The public disclosure of information that the ICRC obtains from confidential dialogue with conflict parties is likely to put that at risk. It is also a principle that underpins its ability to operate in dangerous locations on sensitive issues, engaging with state and non-state actors. The Bill has therefore been amended to include a provision for the protection of certain information related to the ICRC’s sensitive work that it has provided in confidence to His Majesty’s Government, to stop it being used in court proceedings, except for criminal proceedings. The Government consider this provision necessary, but proportionate.

Treatment as an international organisation includes the provision of privileges and immunities necessary to meet the functional needs of the CPA and ICRC in the UK. In providing these privileges and immunities, we will strengthen our partnerships with both the CPA and ICRC respectively. It will enable these two key partners to better deliver their objectives.

The list of privileges and immunities that might be conferred on the CPA and ICRC have been informed by the 1968 Act. That will allow the Government to agree a framework that is unique and appropriate to each organisation’s unique mandate. The actual suite of privileges and immunities to be accorded, including relevant exceptions and limitations, will be determined based on the functional need of each organisation and will be specified in secondary legislation and Order in Council. 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.

The financial implications of the Bill are minimal, and there will be little or no loss of revenue as a result of the fiscal exemptions or relief, which again will be granted by delegated legislation through the provisions in the Bill. As is standard practice for international organisations, certain taxes will be refunded in accordance with the separate arrangements between the Government and the CPA and ICRC, respectively. In response to a point made by my right hon. Friend the Member for Basingstoke—the shadow Minister kindly gave me advance warning that she would also raise it in her speech—I am happy to reconfirm that the specific arrangements will be drawn up in active consultation with the CPA and with the ICRC, respectively.

[Dame Maria Miller]

I realise that the Minister is making a Third Reading speech so it is important not to go into detail, but this element was introduced in Committee, and we did not have the advantage of a Report stage. I would like to press the Government on this particular point, because the privileges and immunities section of the Bill is clearly set out but it is important that those affected by the Bill understand that those privileges and immunities are yet to be agreed with the Government. It is important that they are agreed well in advance of being laid before Parliament, so that everybody can be sighted on what they mean in practice.

[Edward Argar]

As ever, my right hon. Friend is right. Therefore, subject to the passage of this legislation and prior to those regulations being introduced, until they come into force, they do not come into force. We will work closely with those organisations so that when those regulations are laid and approved, hopefully there will be no surprises in them because they will have worked collaboratively with us to draw them up.

The arrangements will detail the day-to-day management of the privileges and immunities granted to both organisations on a functional need basis, and other facilities. Furthermore, administration of the arrangements will be resourced from the existing resources responsible for managing privileges and immunities with international organisations in the UK.

The Bill strengthens our commitment to the work of the Commonwealth and our support of democratic legislators through our work with the CPA. It will also support the FCDO’s global humanitarian objectives, ensuring that the UK remains at the heart of an unrivalled global network for economic, diplomatic and security partnerships through our work with the ICRC.

Hon. Members raised a couple of points, which I will turn to before concluding. I was grateful to my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken) for a wide ranging, informative and typically well-informed contribution. Craving your indulgence, Madam Deputy Speaker, may I take just a minute, as I am conscious that my hon. Friend has announced that she will not seek re-election at the next general election, and who knows whether I will get another opportunity at the Dispatch Box? Let me put on record my gratitude to her for everything she has done. She and I served together as fellow ward councillors on Westminster City Council before I was elected to this place and she was subsequently elected. She is a fierce champion for what she believes to be right for her constituents and her community, and she has demonstrated that as a councillor and leader of the council and now as a Member of Parliament. She will be hugely missed by her constituents and by this House.

My hon. Friend the Member for Hyndburn (Sara Britcliffe) asked what support His Majesty’s Government will give, beyond this legislation, to both the organisations that we are debating. His Majesty’s Government give the ICRC £48 million of core funding annually, and up to £100 million in bilateral donations. We have a long-standing and robust relationship with the ICRC and a track record of supporting it. My understanding is that we fund CPA International to the tune of £196,000, and we give CPA UK £235,000. We support them through not only this legislation and what we say in this House but tangible financial support.

In an ever more challenging global context, His Majesty’s Government and my right hon. Friend the Foreign, Commonwealth and Development Secretary remain committed to working with and supporting the work of the CPA and the ICRC. This Bill gives both organisations the status in legislation that they need and deserve to continue their international operations without impediment; it reflects our commitment. I once again congratulate my right hon. Friend the Member for Basingstoke. The Government continue to support the Bill, and I commend it to the House.

[Madam Deputy Speaker (Dame Rosie Winterton)]

With the leave of the House, I call Dame Maria Miller to wind up the debate.