International Criminal Police Organisation (Immunities and Privileges) Order 2023

Considered in Grand Committee

Moved by

That the Grand Committee do consider the International Criminal Police Organisation (Immunities and Privileges) Order 2023.

My Lords, this instrument was laid before Parliament on 20 April in accordance with Section 10(1) of the International Organisations Act 1968. It is subject to the affirmative procedure and will be made once it is approved by both Houses. The issue was brought to the House of Commons Committee on Wednesday 17 May and was passed unanimously.

The primary purpose of the order is to provide the International Criminal Police Organization, more commonly known as Interpol, with the status of an international organisation in the UK, under the International Organisations Act. This is a prerequisite for the UK to host the annual Interpol general assembly in 2024. Importantly, it will also enable Interpol to function effectively in the UK in the longer term, including by providing it with legal personality in this country.

The Government therefore consider these privileges and immunities both necessary and appropriate to deliver on the short and longer-term interests and commitments that the UK has towards Interpol. The privileges and immunities conferred enable Interpol staff and its representatives from member countries to operate effectively in the UK. They will be afforded to officials attending statutory Interpol meetings and senior officials such as the Interpol secretary-general and executive committee members. They are within the scope of the International Organisations Act and in line with UK precedents.

All categories of individual are subject only to official Act immunities. The one exception to that is the secretary-general, who will be treated in accordance with the UK’s treatment of heads of diplomatic missions, namely receiving personal as well as official Act immunity. The provisions of the order cover: entry into the UK; customs provisions; immunity from legal process within the scope of official activities; inviolability of official documents and correspondence; taxation; inviolability of Interpol premises; statutory meetings; foreign currency exchange; functional immunity for officials; and an immunity waiver. As is standard for agreements of this kind, UK nationals and permanent residents are carved out of provisions regarding taxation and importation exemptions.

My Lords, I thank the Minister for introducing this statutory instrument. As he says, it has been considered in the other place. In fact, my honourable friend Catherine West made it absolutely clear that the Opposition support its introduction. She certainly echoed the Minister’s comments on the importance of Interpol’s role and activities, so I will not repeat those, but I have a number of specific questions that I want to put to the Minister.

The immunities and privileges contained in the instrument differ from those in similar regulations that I have considered in Grand Committee. One of those was the 2021 order on the Bank for International Settlements. Can the Minister explain the process to determine which immunities and privileges are given? Do they differ constantly for different organisations?

Also, during the debate on the instrument that gave similar immunities for COP 26, which I know the Minister is familiar with, I asked for assurances that there was no risk of hostile states’ representatives abusing privileges while in the UK. Can he confirm whether there has been any risk assessment of this possibility for the Interpol general assembly, which is going to take place in the United Kingdom?

The Explanatory Memorandum states:

“There was previously no law granting privileges and immunities to INTERPOL in the UK”.

Given that Interpol’s national central bureau is based in Manchester, is there a time lag? Why are we granting these immunities now? Surely there were people who would have benefited from such immunities in Manchester. Did the Government receive representations on this issue? The office in Manchester is responsible for working with and protecting the 14 overseas territories from a range of threats. Are the Government involving them in the arrangements for the general assembly?

I am grateful to the noble Lord for his contribution. I will do my best to answer his questions.

The privileges and immunities are a requirement, as the noble Lord knows, of the UK as a host of the general assembly in 2024. In agreeing the privileges and immunities treaty, Ministers considered this aspect and the associated risks, which he has just highlighted. All 195 members of Interpol will receive an invitation to the general assembly; that is the case for every Interpol general assembly and it is a requirement. The UK is required, as per the terms and conditions for hosting the general assembly, to honour those invitations. That is just a fact of hosting this conference or summit. Based on attendance at recent meetings of the Interpol general assembly, we are planning for the attendance of about 1,000 delegates, including the Interpol leadership. That said, and as outlined in the draft, not all of them will have full privileges and immunities.

On the issue that the noble Lord raised in relation to hostile states, the privileges and immunities granted are only those that are strictly necessary. They were negotiated according to functional needs, so delegates of member countries will be granted only the official acts immunity, which applies while they are carrying out their official activities in the UK. We are seeking to limit the size of national delegations permitted to the general assembly sessions to a model of five delegates and five alternates. They must also go through an accreditation process. We work continually to assess potential threats to the UK and will always take proportional action to mitigate risks where we identify them, as we are doing in this case. The immunities granted are official acts immunities only; they cover official Interpol activities and attendance at Interpol statutory meetings.

The noble Lord made a point about the Manchester HQ. My understanding is that it is the National Crime Agency, which is obviously a UK organisation, that is based in Manchester and not Interpol, so there is a crucial difference there.

The differences between certain agencies and their immunities.

I am afraid I will have to write to the noble Lord with a detailed answer on that, because I do not have that information to hand.

On Interpol itself as an organisation, the Government strongly support its efforts to ensure that systems are in place that protect individuals’ human rights, in line with Article 3 of Interpol’s constitution, which strictly forbids

“any intervention or activities of a political, military, religious or racial character”.

The Home Office continues to work with Interpol and the National Crime Agency, which acts as the UK’s national central bureau, to monitor the effectiveness of existing safeguards. We encourage Interpol to uphold international human rights obligations and would never hesitate to recommend further reforms to Interpol, if necessary.

I think I have answered the noble Lord’s questions, with the exception of one, on which I will have to get back to him in writing. I thank him again for his contribution today. I know the committee took a keen interest in the UK’s relationship with Interpol. In granting these privileges and immunities, we will be able to host the general assembly in 2024. We will be better placed to influence the organisation as a result, and better positioned to combat international criminality. I therefore trust that the Committee will support the order.

Motion agreed.

Committee adjourned at 6.30 pm.