§ 2.36 p.m.
§ LORD VANSITTARTMy Lords, I beg to ask the Question which stands in my name on the Order Paper.
§ [The Question was as follows:
§ To ask His Majesty's Government whether the diplomatic privileges enjoyed and exploited by the Tass Agency will now be terminated without further delay.]
THE PARLIAMENTARY UNDER-SECRETARY OF STATE FOR FOREIGN AFFAIRS (THE MARQUESS OF READING)My Lords, the Tass Agency have not published any material in this country since October, but it may be of interest to the House if I outline, very briefly, the position as it has developed since the matter first arose in 1949. Twice during the last three years the Tass Agency have published in their daily news sheet. Soviet Monitor, prima facie libels upon distinguished refugees in this country. On the first occasion, in 1949, it was established that the English courts had no jurisdiction since Tass, as a department of the Soviet State, enjoyed immunity from suit, an immunity which is to be distinguished from diplomatic privilege. When, therefore, in June last, the Soviet Monitor published another statement which was clearly libellous, His Majesty's Government were unwilling to allow matters to remain in their present unsatisfactory state where, owing to the Agency's claim to immunity, private persons in the United Kingdom were debarred from securing redress for infringement of their legal rights. A Note was, accordingly, addressed to the Soviet Embassy requesting an assurance that if, in future, a dispute should arise between 758 a private person in the United Kingdom and the Tass Agency concerning the alleged infringement of that person's legal rights as a result of any publication by the Agency, the latter would, as a condition of continuing to operate in this country, either waive their immunity from suit or submit to arbitration.
The Soviet Embassy replied rejecting our request. In the meantime, however, Tass suspended publication of the Soviet Monitor and are not at present disseminating any written material in this country. A further Note has, therefore, been sent to the Soviet Embassy which, while noting the fact that Tass have for the present suspended their publishing activities in this country, conveys a warning that, in the event of publication being resumed, we should require an assurance in the sense previously requested.
Meanwhile, as noble Lords are aware, the question of the immunity afforded by our law to organs of foreign States has been under study by an Inter-departmental Committee. This Committee has also been considering the question of diplomatic immunity, which concerns the privileges accorded to a diplomatic envoy and his staff. I am glad to inform the House that the Committee have now submitted a Final Report with regard to diplomatic immunity, which will be published shortly. On the question of State immunity, which involves more complex issues, the Committee have also prepared an Interim Report, which is now under consideration.
§ LORD VANSITTARTMy Lords, I thank the noble Marquess for his reply. If I rightly understood his words, it is no longer possible for Tass to behave in the same way as they behaved in 1949.
THE MARQUESS OF READINGMy Lords, the position at the moment—I hoped I had made it clear—is that the opportunity for Tass to behave in that way is not there at present, for the reason that they are publishing nothing in which they can make a defamatory statement. But they have been warned, in the terms I read out, of the possible consequences if they resume publication and therewith resume their defamatory action.
§ LORD VANSITTARTMy Lords, I thank the noble Marquess for his further reply, which satisfies me. I should like to ask whether both sections of this Report will be published. I believe that during the tenure of office of the previous Government there was some doubt whether that would be done.
THE MARQUESS OF READINGI think I am right in saying that so far as the diplomatic immunity question is concerned, the Report will be published. As regards the other aspect I have no information at present, but I will inquire into the matter and let the noble Lord know.