HC Deb 30 July 1934 vol 292 cc2257-8
22. Mr. ANNESLEY SOMERVILLE

asked the Secretary of State for Foreign Affairs whether, in view of the fact that persons who suffer injury as the result of careless driving by members of diplomatic missions in this country can be prevented by a claim of diplomatic privilege from recovering any compensation from the insurers of the third-party risk, and seeing that such persons, so far as obtaining compensation by the operation of insurance is concerned, are not in the same position as persons injured by members of the public, he will take steps forthwith to put them in the same position?

Mr. EDEN

As my right hon. Friend the Foreign Secretary informed my hon. Friend on the 16th July, members of foreign diplomatic missions in London are generally insured against third party risks, and they consequently pay the usual premium. This being so, they have no object in assisting their insurance companies to evade their obligation by claiming diplomatic privilege, and in any proper case he would be prepared to ask the Ambassador or Minister concerned to inform the insurance company that he would waive his privilege or that of a member of his staff, if the plea of privilege were raised by the company. There is a decision of the courts that, if privilege is waived by the diplomatic agent, the company will not be able to make use of this plea, and there is also reason to suppose that, even if the privilege were not waived, the plea is not one on which an insurance company could escape liability before a court of law in an action by the assured on the policy. It is not, however, possible to enact legislation depriving members of foreign missions of the privileges which they enjoy under international law.

Mr. SOMERVILLE

While thanking my right hon. Friend for his answer, may I ask him if he is aware that such a case has occurred in which serious personal injury was caused by particularly reckless driving on the part of a member of the German Embassy; and will my right hon. Friend act as he has just said he could in this matter?

Mr. EDEN

Perhaps my hon. Friend will let me have the particulars, and I will look into them.