I beg to move,
That the Committee has considered the draft European Union and European Atomic Energy Community (Immunities and Privileges) Order 2021.
It is a pleasure to appear under your chairmanship, Mr Hosie.
The purpose of the draft order is to implement the agreement we have reached with the European Union that gives the EU delegation to the UK, and its staff, privileges and immunities. It is customary to grant such privileges and immunities to diplomatic missions and international organisations to enable them to function. The agreement is broadly in line with global practice, but includes important provisions to ensure that immunities and privileges do not impede the proper administration of justice.
Before I go through the draft order in further detail, please allow me to set out the policy context. As right hon. and hon. Members know, the United Kingdom left the EU last year on 31 January, after which the EU opened a delegation to the UK. That delegation replaced the European Commission representation and is responsible for representing the interests of the EU and co-ordinating among the 27 EU member states. This Government are clear that we want a relationship with the European Union based on friendly co-operation. The delegation plays an important role in that regard, including on the implementation of the trade and co-operation agreement.
Let me now turn to the details of the draft order. The order treats the EU delegation in broadly similar terms to those offered by other non-EU Governments globally. There are also important provisions to ensure that the immunities and privileges do not impede the proper administration of justice. The order categorises staff at the EU delegation as either “diplomatic agents” or “staff members”, and contains provisions regarding their family members.
EU staff who have been notified to the Foreign, Commonwealth and Development Office as diplomatic agents would be immune from civil, criminal and administrative jurisdiction in the United Kingdom. That includes all enforcement measures. The person of a diplomatic agent would be inviolable in respect of their official acts. That means that the diplomatic agent cannot be arrested or detained for actions carried out as part of their duties. Their residence, baggage, official papers and documents would also be inviolable.