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

The Bill will allow bespoke enabling powers, by means of secondary legislation, for the CPA and the ICRC to operate as international bodies in the UK, with the attendant privileges and immunities. The powers specific to each organisation will be subject to the monarch’s approval and draft affirmative parliamentary procedure, which requires the approval of both Houses of Parliament.

The exact privileges and immunities for both organisations, their property, information and personnel, set out in Parts 1 and 2 of the Schedule, will be drawn up by the Government according to the functional needs of both organisations and will be detailed in separate written arrangements. Those arrangements will be agreed with both the relevant organisations through prior consultation. These privileges and immunities would normally refer to immunity from such things as legal process, inviolability of archives and premises, and exemptions from tax and duty, as set out in Article 23 of the 1961 convention articles.

There are clear reasons why this status should be conferred on both the CPA and the ICRC. The CPA’s current legal status has been a contentious topic of discussion for many years within the CPA, and many previous attempts to remedy it have led to frustration and even threatened the CPA’s stability due to possible fragmentation. Several member countries have said that membership fees might be withheld if action such as that set out in this Bill was not forthcoming. Given that the CPA is almost 90% dependent on membership fees for its operations, this would be a serious blow. The CPA governing body agreed at the CPA’s annual conferences of 2022 and 2023 that should a new legal status fail to be achieved, the headquarters should be relocated to a member state that would provide the organisation with such legal recognition and the related privileges and immunities. Given that the overwhelming majority of other Commonwealth organisations are headquartered in the UK, this would affect the UK’s involvement, in part due to its regular links with the number of Commonwealth diplomatic missions based in London.

The new legal status would strengthen the influence of the CPA and provide for a more authoritative international presence. For example, at a time when the international order, parliamentary democracy and human rights generally face serious challenge, a new status will encourage members to work together on a level playing field and occupy equal standing in international forums. Above all, gaining international status would enable other parliamentary strengthening partners to see the CPA as a credible, and possibly even preferred, partner for those legislatures involved in capacity building.

The ICRC’s unique international humanitarian mandate and mission have been recognised by more than 110 states, which have accorded it international organisation status. This Bill would ensure that equivalent treatment was given to the ICRC within the UK legal system. The relevant privileges and immunities granted are crucial if the ICRC is to continue its UK operations in accordance with its international mandate.

I very much hope that this paving Bill will have an uncomplicated passage in your Lordships’ House. There will be an opportunity later in its passage to thank all those who have long worked to bring it to this advanced stage and, with luck, on to the statute book. Meanwhile, I beg to move.

The importance of the work of the ICRC is very well known. Within a month of being appointed as a Minister for Human Rights about 10 years ago, I visited its headquarters in Geneva and met Peter Maurer, its then president. Under his redoubtable leadership, the ICRC carried out humanitarian work in more than 80 countries. That invaluable work continues apace today.

Until now, the UK has not taken steps to grant the privileges and immunities to the ICRC that have already been granted by more than 100 other states. We can put that right by passing this Bill and protect its ability to act as, and be perceived as, a neutral, independent and impartial humanitarian actor that protects the confidentiality of its work where it is appropriate to do so. I note that parts of Clause 2 put into effect an amendment that was agreed in another place to provide for protected ICRC information to be exempt from disclosure except in circumstances where there was a court order in criminal proceedings or where information had been published by the ICRC. That seems an appropriate way forward, and I cannot see the need for any further amendments to the Bill.

I am keenly aware of the trust put in those who work for the ICRC by people who live in traumatic circumstances, enduring armed conflict and other situations of violence around the world. Privileges and immunities are indispensable tools for the ICRC to carry out its vital work.

I join the noble Baroness, Lady D’Souza—I call her my noble friend—in looking forward to hearing from the noble Earl, Lord Sandwich. My only disappointment is that it will be his valedictory speech. He has been a stalwart Member of this House, maintaining high standards of informed contributions to our debates and to the work of all-party groups such as that on Sudan and South Sudan. I thank him.

I support the Bill and wish it swift progress through this House.

Perhaps it is hard to put a finger on it, but you can see areas of joint concern, such as codes of conduct, registrations of interest and things of that kind. That two-way discussion has a different dynamic from the ministerial Executive-to-Executive discussions. It is a great help to parliamentarians, and I think it will continue to be important as parliamentarians around the world face new challenges, such as those that come with social media, which are affecting all of us and which we need to think about together as we consider how to prepare and defend ourselves in those circumstances.

Another aspect of CPA work that has been particularly valuable has been learning from each other and spreading best practice. It can be interesting and it can be challenging. I recall chairing a mock Select Committee hearing, where I was asked what I would like the topic to be. I said that I would like it to be domestic violence, because that was a particular problem in that particular country. Bringing people together and showing how a Select Committee can be constructive even in difficult circumstances was very valuable there. I recall meeting a new chair of a country’s PAC and inviting them back here to meet and talk to people here. We also have a network of clerks from the Commonwealth who reinforce each other’s experience and have a camaraderie, which is very important.

I also want to emphasise that this is not one way. When I was Leader of the House of Commons in 1997 and established the modernisation committee, one thing that we heard about was another Commonwealth country that had a second Chamber to allow debates on constituency issues and particular topics. It was that experience and that learning that led to the creation of the Westminster Hall debates, which have been very valuable for Members of Parliament. So the CPA helps us as well as it helps other people. If we are intent on protecting parliamentary democracy, we should continue to give the CPA all the support that we can.

In a multipolar and populist-driven age, international organisations are becoming much less the monopolies of Governments and remote officialdom and far more the province of popular involvement and influence of peoples as well as Governments—that is, of soft power and understanding as against openly aggressive positions and disputes. So here is an increasing middle ground between citizens and the state, the public and the Executive, with dwindling trust on either side. On that middle ground sit parliamentary institutions of many shapes and sizes. So it is vital that Commonwealth Parliaments should have their proper status and platform in the changing global democratic architecture, both drawing from it and giving strength to it, as the noble Baroness, Lady Taylor, rightly emphasised. The Bill greatly helps to consolidate that status.

I know that diplomats, even in our own great Foreign, Commonwealth and Development Office, are sometimes puzzled by the Commonwealth’s status, being half a people’s affair, half governmental and official. They are puzzled by where and how it fits in to the transformed international order, if order is what we call it. The Bill will remind everyone that in this new landscape, the associations and alliances of peoples that endure will be those that are voluntary, like-minded, not overcentralised, and generally upholding the rule of law, implemented by independent judiciaries.

Maybe Commonwealth Governments and leaders differ and argue, as they do, on specific issues, but what unites them is now becoming stronger all the time than what pulls them apart, because it is rooted in the ancient principles emanating from this old nation of ours, established painfully over centuries; namely, free speech, parliamentary government and democratic practices, which of course means not just elections but the behaviour of democracies, by which I mean the upholding of human rights, courtesy, honesty in presenting issues to the people, respect, good manners—very important—and many other qualities you cannot actually enshrine in law but are essential to make democracies and parliamentary systems work. Of course, most of the Commonwealth is bound by the common language of English, which is now the protocol of the planet.

Parliaments will pay a bigger role in preserving our freedoms in the future, or at least they will if they reform themselves, adjust to the new age of internet governance and use much smarter methods to call the Executive to account than we do at present. We will find that the Commonwealth will play a larger, not a smaller, role in the future international networks of the parliaments of this planet. This Bill brings that future, clouded though it may sometimes seem by the present turmoil and troubles, a little nearer and it deserves our strongest support and commitment, without doubt.

This brings me, not too belatedly, I hope, to the purpose of the Bill. The Commonwealth Parliamentary Association—CPA—plays a pivotal role in the promotion of democratic governance across the Commonwealth of Nations. It is the glue that binds these diverse nations together and one of the oldest organisations within the Commonwealth. The CPA’s constitution requires it to pursue the positive ideals of parliamentary democracy, and the core values and principles of the Commonwealth on democracy, development, equality, gender, human rights and the protection of the environment, as declared by the Commonwealth charter. The CPA has played an essential role in promoting these values, and in training Commonwealth parliamentarians and their staff to embody and uphold them.

The CPA currently supports some 17,000 elected members and their staff. It operates in all the Commonwealth regions, across 180 branch legislatures and in nearly all the member nations. It is something of an anomaly, then, that the CPA does not have the status of an international organisation, because technically it is not intergovernmental. It is, in fact, a UK-registered charity, as mentioned by several noble Lords, headquartered here, within the Westminster Parliamentary Estate. The Bill seeks to resolve this issue. Changing the status of the CPA to make it an “international interparliamentary organisation” will strengthen the organisation and enable its staff to avail themselves of additional immunities and privileges, as several noble Lords have said, as they strive to uphold the values we all hold so dear, in sometimes challenging environments.

In our increasingly dangerous world, with autocracy on the rise, the CPA will play a vital role in supporting Commonwealth parliamentarians and the soft power of the Commonwealth in ensuring that we hold firm to the essential values of the charter. It will help keep the flame of hope alive, providing a beacon against the deepening political darkness and ensuring that we can light the way for our diverse family of nations, so that the next generation of politicians can continue fighting for our shared values: respect for all other states and peoples, concern for the vulnerable, democracy, human rights, and the rule of law. I hope noble Lords will join me in supporting the Bill.

Before I sit down, I just wish to say that, as a relatively new Member of this House, I have not had the pleasure of meeting the noble Earl, Lord Sandwich, but I really look forward to hearing his valedictory speech, which I regret will be his last.

under the relevant treaty; in other words, in deciding how much immunity and how many privileges are to be granted to an international organisation, His Majesty’s Government would begin by looking at what the relevant treaty says. These treaties will normally be very complex and detailed legal documents such as the UN Convention on the Privileges and Immunities of the Specialized Agencies.

In the case of the CPA and the ICRC, we do not have a treaty that sets out all of the detailed provisions. In paragraph 4, the Explanatory Notes say:

“It is proposed that the Government will conclude written arrangements with the ICRC and CPA which will set out the parameters of the status change. They will include the privileges and immunities which the Government has decided to confer on the organisations”.

Differently from the case of international organisations under the International Organisations Act, we will get the legal document that specifies the extent of the privileges and immunities after the legislation. The document will not be the result of a treaty-making process, but it will reflect what the Government consider appropriate to grant. As I said, the analogy between the ICRC and international organisations, while not a perfect fit, is the best we have. I appreciate that the approach proposed by the Bill remains the most practical one.

It is important to be reassured that the arrangements, which will eventually be agreed with the ICRC and the CPA, will be subject to parliamentary scrutiny. The arrangements will not be a treaty, so they fall outside the scope of the Constitutional Reform and Governance Act 2010. They do not need to be laid before Parliament prior to ratification and there will not be a ratification process in that sense. Given that the arrangements will end up shaping the extent of the immunities that these institutions will be granted under our law, it is appropriate that your Lordships’ International Agreements Committee should scrutinise them.

Others have touched on the important issue in Clause 2 around the protection of confidential ICRC information. I think the reasons for this are compelling, and the definitions of the key terms of “protected ICRC information” and “confidential” are clear and would work well. There is a separate provision on evidence in Clause 3, which mirrors a mechanism we have under other immunity statutes: that the Foreign Office can provide certificates that are conclusive as to the issue of fact relative to the question of immunity. The Foreign Office—I know this from personal experience, having worked on a number of these cases—uses the power very sparingly, and I am sure it would continue to do so. With that in mind, I very much welcome the Bill, and I too wish it a speedy passage.

Finally, I much regret having to announce my retirement on Monday from the House owing to ill health—as you can see, I get short of breath. I am grateful to my noble friends on the Cross Benches, who have literally given me a second career of nearly 30 years. I know I was chosen because I had worked with several aid NGOs, including Christian Aid and Save the Children, notably on Africa but also on India, where my wife, Caroline, and I lived for nearly a year.

My title comes from the family naval tradition, starting with Charles II’s senior admiral, Edward Montagu, the 1st Earl of Sandwich. I have also declared another important historic interest in the register: this is the family that brought you fast food, first tasted by John, the 4th Earl of Sandwich. There is one story about him which says that, when he first came into the House, he found so many Viscounts in his place that he said, “My Lords, I know not where to sit”, and so ended up on the Cross Benches. My father refused to come here from the House of Commons, and said it was stuffy—how wrong could he be?

Seeing the noble Lord, Lord Howell, reminds me of our great campaign to persuade another place to allow us to discuss foreign affairs. With the noble Lord, Lord Alton and the noble Baroness, Lady Anelay, we had all been pushing for this. Can you believe they would not let us do it? But it happened. I must also mention the excellent Beyond Pills All-Party Group, in which my noble friend Lord Crisp is a leading light.

I think 81 is the right age to move aside. In saying this, I urge the House to reappoint the Lord Speaker’s committee on Lords reform. The noble Baroness, Lady Taylor, knows all about this. The committee should look now at the incremental reforms proposed by the Norton group and the Burns report, before someone else takes over as Prime Minister and tells us what to do. Here, I am inspired by Carmen, the noble Baroness, Lady Smith of Llanfaes, our youngest Member, from Plaid Cymru, who is in her place and who says that she will do her duty right up to abolition.

I am grateful to all my “roommates”—predominantly the noble Viscount, Lord Craigavon—and Cross-Bench colleagues who are here today, as well as to the Convenor and the usual channels, today’s smiling Front Benches, the clerks, of course, and all the doorkeepers and staff, for making this such a wonderful place to work. Thank you very much.