Draft European Organization for Astronomical Research in the Southern Hemisphere and the European Space Agency (Immunities and Privileges) (Amendment) Order 2023

Leo Docherty Excerpts

Monday 5th February 2024 General Committees

[The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (Leo Docherty)]

I beg to move,

That the Committee has considered the draft European Organization for Astronomical Research in the Southern Hemisphere and the European Space Agency (Immunities and Privileges) (Amendment) Order 2023.

The Under-Secretary of State for Foreign, Common-wealth and Development Affairs, my hon. Friend the Member for Macclesfield (David Rutley) would have been delighted to have taken part in this debate, but unfortunately he is currently travelling on his ministerial duties, so it is my great pleasure to introduce this important statutory instrument.

The order will allow the European Space Agency’s senior officials to fulfil their roles in the UK by bringing into domestic law the headquarters agreement that the UK signed with the agency in 2013. It will enable the smooth operation of the agency’s facilities at the Harwell science and innovation campus in Oxfordshire. It will also foster closer collaboration between the agency and the UK Government and support the development of the space industry, stimulated by the facility at Harwell.

The order was laid in draft before Parliament on 18 December, 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. Its purpose is to amend the European Space Agency (Immunities and Privileges) Order 1978 through an amendment to the European Organization for Astronomical Research in the Southern Hemisphere and the European Space Agency (Immunities and Privileges) (Amendment) Order 2018, which sought to amend the 1978 order but did so incorrectly.

This order amends the 2018 order in a clear and coherent manner, and in doing so creates in the 1978 order a stand-alone article for the head of the Harwell centre and high-ranking staff. In doing so, it will correctly reflect the privileges and immunities set out in the 2013 headquarters agreement, which provides for the establishment and operation of a facility by the agency at Harwell.

The 2018 order failed to correctly provide the agency’s head of the Harwell centre and up to seven high-ranking staff with immunity from suit and legal privileges and the inviolability of their residences in the UK under the 1968 Act, thus failing to correctly implement the terms of the headquarters agreement into UK domestic law. Because of the errors, neither the headquarters agreement nor the 2018 order were brought into force, so in practice the head of the Harwell centre and the seven senior high-ranking staff were under-protected. Their privileges and immunities were equivalent to the functional immunities provided to European Space Agency staff under article 16 of the 1978 order. Colleagues will be pleased to hear that no negative consequences have been identified as a result.

The order corrects the omissions and affords the head of the Harwell centre and up to seven high-ranking staff members the same privileges and immunities to which a head of a diplomatic mission and diplomatic agents of a diplomatic mission established in the UK are entitled. The change is a prerequisite for the 2013 headquarters agreement to enter into force. Additionally, the 1978 order has been amended to also include an exemption from the legal suit and process immunity in the case of a motor traffic offence or damage caused by a motor vehicle.

The Government consider the privileges and immunities both necessary and appropriate to deliver on the UK’s interests and commitments in respect of the agency. The privileges and immunities conferred enable its head and high-ranking staff to operate effectively in the UK. They are within scope of the 1968 Act and in line with UK precedents. The agency’s other staff are subject only to official act immunities. Making this amendment means that the other provisions of the 2018 order can also be brought into force, covering entry into the UK, customs provisions and immunity from legal process within the scope of official activities. The provisions also cover the inviolability of official documents and correspondence, the inviolability of the agency’s premises, statutory meetings, foreign currency exchange, the functional immunity of staff and an immunity waiver.

To conclude, the support for the agency’s facility in Harwell that will be ensured through this order is a unique opportunity to showcase UK leadership in the space industry on a global stage. Through the agency, the UK can undertake missions that no European nation can deliver alone, facilitating scientific collaborations with international partners that raise the profile of UK science, technology and inspirational achievements in space. The agency’s growth in Harwell is more important than ever when we consider how our reliance on space missions and technology has evolved in recent years. Global telecommunication, cutting-edge technologies and the way that space exploration can inspire young people to study disciplines in science, technology, engineering and maths means we need to foster close relationships with domestic and international space communities. The European Space Agency is key to that work, and the UK remains committed to that organisation as it develops its headquarters here. I therefore commend this order to the Committee.

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[Leo Docherty (Aldershot) (Con)]

I am grateful for the hon. Gentleman’s response. He raises some cogent questions, and he is indeed correct to say that those involved in space exploration are an inspiration to young people, who might study STEM and go into the industry. I remember with great fondness my meeting with the astronaut Tim Peake at the Farnborough air show in my constituency, to which colleagues will no doubt come again this year to see the remarkable contribution that British innovation is making to space research. As the hon. Gentleman points out, it is another domain of our security competition with both allies and competitors around the world. Our international collaboration with NATO partners and beyond in the domain of space is increasingly important for security, in which we are leading the way.

The hon. Gentleman asked a very good question about how we will continue to review the arrangements of immunity with regard to meeting our obligations to host international organisations in the UK. We will always keep them under institutional review. We are keenly aware of our obligations to host international organisations and of our obligations under the Vienna convention, but we are also aware of the local sensitivities that can arise because of those obligations. As an institution, the Foreign Office continues to keep them under review.

I sense that the Committee is convinced of the utility of this order. The Committee knows that, in granting these privileges and immunities, we will be able to bring the headquarters agreement into force. In doing so, we will be better positioned to support the UK space cluster, which was mentioned. We will also better placed to work with and influence the European Space Agency as a result. The future is bright for British space, as will be showcased in my constituency at the Farnborough air show later this year, at which all colleagues will be made very welcome. I am grateful for their time this afternoon, and I trust that all members of the Committee will support this order.

Question put and agreed to.