International Immunities and Privileges

12.40 pm

I beg to move,

That the draft Global Combat Air Programme International Government Organisation (Immunities and Privileges) Order 2024, which was laid before this House on 23 May, in the last Session of Parliament, be approved.

It is my pleasure as the Minister responsible for the Indo-Pacific in the Foreign, Commonwealth and Development Office to speak on behalf of the Government. In December 2022, the UK, Japan and Italy launched the global combat air programme, known as GCAP, to deliver a next-generation aircraft by 2035. The Prime Minister reaffirmed the Government’s commitment to promoting co-operation and collaboration between the UK and Italy on 5 July with the Italian Prime Minister, Giorgia Meloni, and between the UK and Japan on 6 July with the Japanese Prime Minister, Fumio Kishida. In the call to Japan, our Prime Minister concurred that the security of the Euro-Atlantic and the Indo-Pacific are indivisible.

His Majesty’s Government are committed to ensuring the security of the Indo-Pacific, working closely with our allies. For the UK, the aircraft will sit at the heart of a wider system; it will be networked and will collaborate with a range of wider air capabilities, including the F-35, and broader military capabilities. It will use information systems, weapons and uncrewed collaborative combat air platforms to complete the capability. Replacing the capability provided by Typhoon, this system will sustain the UK’s operational advantage.

In addition, GCAP will attract investment in research and development on digital design and advanced manufacture processes, providing opportunities for our next generation of highly skilled engineers and technicians.

Will the Minister give way?

I will continue, if the right hon. Gentleman allows.

The signing of the convention on the establishment of the GCAP international government organisation, commonly known as the GIGO, by the parties of the UK, Japan and Italy took place in December 2023 and was conducted by the Defence Secretaries of those three nations. The GIGO will function as the executive body, with the legal capacity to place contracts with industrial partners engaged in GCAP. Through the GIGO, the UK will lead on the development of an innovative stealth fighter jet with supersonic capability and equipped with cutting-edge technology, and will facilitate collaboration with key international partners that raise the profile of the UK’s combat air industrial capacity.

The GIGO headquarters will be based in the UK, employing personnel from the UK, Italy and Japan. The chief executive and director posts shall be filled by nationals of different parties according to a mechanism that shall preserve a balance between the parties. Given the nature of the GIGO as an international defence organisation, the Ministry of Defence, with support from the Foreign, Commonwealth and Development Office, has been leading on trilateral engagement and negotiations on its establishment. The convention, once in effect, will enable closer collaboration between the parties—the Governments of Japan, Italy and the UK—and support the development of His Majesty’s Government’s defence capabilities, stimulated by development of the UK-based headquarters. That will enable further collaboration with key industry partners, with the headquarters supporting hundreds of jobs, and working in close partnership with Rolls-Royce, Leonardo UK, MBDA UK, and hundreds of other companies across the UK in the supply chain, to deliver GCAP.

Will the Minister give way?

I am coming to an end, and then there are 90 minutes for debate.

This Order in Council is a statutory instrument and forms part of the secondary legislation needed to confer legal capacity and privileges and immunities on the GCAP international government organisation and accords certain privileges and immunities to the organisation’s personnel and the representatives of the parties to the convention. The order was laid in draft before Parliament on 23 May 2024—

Order. To clarify, it is not my decision whether to allow interventions; it is up to the Minister. I would say that normally the shadow Secretary of State would get in, but it is up to the Minister whether she gives way.

If the shadow Secretary of State wants to say something, I would be happy to allow him, following your advice, Mr Speaker.

I am very grateful to the Minister. Can she confirm that there will be no delay to the Ministry of Defence’s currently planned spending on GCAP this year?

To be clear to Members new and old, this instrument is the legal framework within which the programme will sit. It does not have specific funding recommendations attached to it because it is the scaffolding, or the nest, within which all the work will happen.

This order was laid before Parliament in draft on 23 May 2024. It is subject to the affirmative procedure and will be made by the Privy Council once it is approved by both Houses. Subject to approval and ratification, the treaty will enter into force on the deposit of the last instrument of ratification or acceptance of the parties. That is anticipated to be in autumn 2024 to meet the 2035 in-service date.

This order confers a bespoke set of privileges and immunities to enable the GIGO to operate effectively in the UK. The Government consider those privileges and immunities both necessary and appropriate to deliver on the interests and commitments that the UK has towards the organisation.

I am not a Minister, but I was for three years. Will the Minister give way?

As the right hon. Gentleman has so much experience on the Defence Committee, I am happy to take his point.

I thank the Minister for giving way. She is a Foreign Office Minister heading this up, I believe, not a Defence Minister, which is interesting, but it is an international agreement. Can she tell the House whether, because of the threat to the programme from the defence review, she has had any representations from the Japanese Government or the Italian Government, our two other major programme partners, to express their concern about any threat to GCAP?

The right hon. Gentleman asks an important question. I can confirm that this is the legal framework around which the programme will sit. I can also confirm that the Defence Secretary yesterday met with his Japanese counterparts at the show and they were able to have further interesting discussions. The right hon. Gentleman will be able to continue his questioning when he is surely once again a member of the Defence Committee in the autumn.

Many jobs in our constituencies depend on contracts with the Kingdom of Saudi Arabia, which is also interested in GCAP. What conversations have been had with Saudi Arabia, particularly in the light of the procrastination by the Prime Minister on this programme—reaffirmed, if I am honest, by the Minister today in her remarks?

The right hon. Member asks an important question, but there has been no procrastination. Within a month of being elected, we have got the legal framework to the House of Commons for a debate, expediting all the important organisational arrangements so that the programme can proceed at pace. He talks of procrastination, and after 14 years, I am sure he is a master of procrastination as part of the last Government.

The privileges and immunities conferred on agency personnel and representatives are not for their personal advantage, but to ensure complete independence in the exercise of their functions in connection with GCAP. To be clear, agency personnel have no personal immunity if they commit a crime and there is a clear carve-out ensuring that they have no immunity in any vehicle incident.

The immunities in respect of the GIGO cover immunity from suit and legal process, inviolability of premises and archives, and appropriate tax exemptions and reliefs in relation to official activities. In respect of representatives of the parties and staff, the provisions cover functional immunity and an immunity waiver. Additionally, the order includes an exemption from the legal suit and process immunity in the case of a motor traffic offence or damage caused by a motor vehicle. That is a standard clause included in statutory instruments and treaties to provide for privileges and immunities.

The support for the GIGO’s establishment ensured through the order is a unique opportunity to showcase UK leadership and innovation in the air force defence industry on a global stage. Through the GIGO the UK will lead on the development of an innovative stealth fighter jet with supersonic capability and equipped with cutting-edge technology, and facilitate collaboration with key international partners that raise the profile of the UK’s combat air industrial capacity.