Third Standing Committee on Delegated Legislation
Tuesday 4 July 2000
[Mrs. Irene Adams in the Chair]
Draft European Court of Human Rights (Immunities and Privileges Order) 2000
4.30 pm
The Minister of State, Foreign and Commonwealth Office (Mr. John Battle): I beg to move,
That the Committee has considered the draft European Court of Human Rights (Immunities and Privileges Order) 2000.
The Chairman: With this it will be convenient to consider the draft International Seabed Authority (Immunities and Privileges) Order 2000.
Mr. Battle: The draft orders were laid before the House on 19 June. The first, the draft European Court of Human Rights (Immunities and Privileges) Order 2000, is required to enable the Government to ratify two Council of Europe international agreements relating to the practical functioning of the new permanent European Court of Human Rights, which came into being on 1 November 1998. The order is made under the International Organisations Act 1968, and will give effect in United Kingdom law to the privileges and immunities granted by the agreements, which are necessary for the efficient functioning of the court. The order will confer only those privileges and immunities with which we are internationally obliged to confer under the two agreements. The United Kingdom signed the agreements on 27 October 1999.
The two agreements are the European agreement relating to persons participating in proceedings of the European Court of Human Rights and the sixth protocol to the general agreement on privileges and immunities of the Council of Europe. The text of each agreement was published and presented to Parliament in June under cover of explanatory memorandums, which I believe that members of the Committee have received.
Each agreement replaces a previous agreement with similar effects relating to the previous part-time Commission and court. The changes are designed to reflect the new situation, whereby there is one single judicial body whose members are permanently resident in Strasbourg. The UK was party to the predecessor agreements, participated in the negotiations and voted for the adoption of the texts, with a view to becoming party to the new agreements.
The European agreement of 1996, like its predecessor, is designed to give persons taking part in proceedings before the court—whether as parties, their lawyers or advisers, or as witnesses, experts or interveners—immunities and facilities to enable them fully to participate in the proceedings. The main immunities and facilities are: immunity from legal process in respect of statements made and documents submitted to the court; a right to correspond freely with the court, including for persons in detention; and free and unimpeded movement and travel for the purpose of attending and returning from proceedings before the court.
Previously, the second, fourth and fifth protocols to the general agreement on privileges and immunities guaranteed the necessary privileges and immunities to the members of the Commission and the old court. The purpose of the sixth protocol is to do the same for members of the new court. Because they are permanent appointees and will reside permanently in Strasbourg, it was considered appropriate to increase their privileges and immunities—essentially, to bring them into line with those enjoyed by diplomatic envoys. In addition, under the protocol, documents and papers of the court, judges and registry that relate to the business of the court are inviolable.
The second draft order, the International Seabed Authority (Immunities and Privileges) Order 2000, will enable the Government to ratify the protocol on the privileges and immunities of the International Seabed Authority, which was published and presented to Parliament in February, again under cover of an explanatory memorandum. The authority is an institution created by the United Nations convention on the law of the sea to organise and control activities on the deep seabed beyond the jurisdiction of any state, protecting its resources as the common heritage of mankind. The UK is a member of the authority by virtue of its accession to UNCLOS in August 1997.
The United Nations convention on the law of the sea provides that the authority, to enable it to exercise its functions, shall enjoy in the territory of each state party certain privileges and immunities. The International Seabed Authority (Immunities and Privileges) Order 1996 gives effect to those privileges and immunities in UK law. The states parties to UNCLOS have recognised that certain additional privileges and immunities are necessary for the effective exercise of the functions of the authority. The protocol provides for those additional privileges and immunities. It is based substantially on articles I, II, IV, V, VI and VII of the conventions on the privileges and immunities of the United Nations and its specialised agencies. The order will give effect in UK law to that protocol and the relevant provisions of UNCLOS in one instrument, and will thereby revoke the 1996 order.
The order is made under the International Organisations Act 1968 and in accordance with section 1(6)(a) of that Act. The privileges and immunities conferred are no greater in extent than those required by UNCLOS and the protocol, or those authorised by the Act.
These dry, technical and formal orders should not be controversial, because they simply bring us into line with certain requirements. They have no practical effect at the moment, but it is well worth putting them into law.
4.35 pm
Mr. Richard Spring (West Suffolk): I thank the Minister for explaining the orders so comprehensively. They are relatively uncontroversial, as he said. The first order guarantees the necessary immunities and privileges to members of the new, permanent European Court of Human Rights, which came into being on 1 November 1998 and is essential to the proper functioning of the court. The second order brings the International Seabed Authority, which was created under the United Nations convention on the law of the sea, within the ambit of United Kingdom law.
On the first order, Conservative Members are concerned about recent developments in relation to the effect of the incorporation of the European convention on human rights into UK law. However, this is not the right time to discuss those concerns, and we do not wish to oppose the orders.
Question put and agreed to.
Resolved,
That the Committee has considered the draft European Court of Human Rights (Immunities and Privileges Order) 2000.
Draft International Seabed Authority (Immunities and Privileges) Order 2000
Resolved,
That the Committee has considered the draft International Seabed Authority (Immunities and Privileges) Order 2000.—[Mr. Battle.]
Committee rose at twenty-three minutes to Five o'clock.
The following Members attended the Committee:
Adams, Mrs. Irene (Chairman)
Battle, Mr.
Campbell-Savours, Mr.
Clark, Dr. David
Davis, Mr. Terry
Day, Mr.
Jones, Helen
McKenna, Mrs.
McNulty, Mr.
Oaten, Mr.
Plaskitt, Mr.
Sawford, Mr.
Spring, Mr.
Wood, Mr.
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