HL Deb 19 December 1960 vol 227 cc696-8

THE JOINT PARLIAMENTARY UNDER-SECRETARY OF STATE FOR FOREIGN AFFAIRS (THE MARQUESS OF LANSDOWNE) rose to move, That an humble Address be presented to Her Majesty praying that the Customs Co-operation Council (Immunities and Privileges) Order, 1960, be made in the form of the Draft laid before this House on 28th November last. The noble Marquess said: My Lords, this draft Order revokes and re-enacts, with certain technical and drafting amendments, the International Organisations (Immunities and Privileges of the Customs Cooperation Council) Order, 1954.

The 1954 Order made provision for those privileges and immunities required to be granted by Her Majesty's Government as a party to the Convention signed at Brussels in 1950 establishing a Customs Co-operation Council. The present draft Order accords no immunities or privileges which have not already been conferred by the 1954 Order which it is to replace. The purpose of the various drafting changes is simply to bring the form of the instrument into line with other recent Orders on privileges and immunities. The only important change from the previous Order, which I am sure will be welcomed by your Lordships, is that under Article 10 of the present draft Order the classes of officers of the Council who enjoy immunities are now clearly specified.

The purpose of the Customs Cooperation Council is to secure the maximum degree of co-operation among member Governments in administering the customs systems of their countries. The Organisation has its headquarters in Brussels. It employs in its secretariat about 30 persons, 7 of whom are United Kingdom nationals. No conference has yet been held in this country, nor does it appear that one ever will be convened here. If, however, a conference were held in the United Kingdom by the Council or by any of its organs, it is unlikely that more than half a dozen members of its international staff would attend. My Lords, I beg to move.

Moved, That an humble Address be presented to Her Majesty praying that the Customs Co-operation Council (Immunities and Privileges) Order, 1960, be made in the form of the Draft laid before this House on 28th November last.—(The Marquess of Lansdowne.)

2.58 p.m.

LORD SILKIN

My Lords, I feel that somebody ought to assume the mantle of the late Lord Jowitt, who in his later years always took up these questions of extensions of immunities. Even when there was no serious objection to them he felt that it as a good thing that they should be raised in this House, because we are all very jealous of the extension of immunities from the laws of this country. In the present case it would appear that there is no extension, and, as I understand from the noble Marquess, no increase in numbers. But it would be interesting to note how many people are involved in the present Order and in the next one which the noble Marquess is going to move. I do not know whether I am premature in discussing that one, but if the next one is on the same lines, it would be interesting to know what is the position about the two of them.

Let us be under no illusion as to what this immunity means. It means, of course, freedom from payment of taxes and rates—though that may not be very important. It means freedom from being sued in our courts; and it is conceivable that people might go and order goods in shops and not pay for them, and there is no remedy. Even more important, in these days, is freedom from being prosecuted from parking offences—that is something which is quite likely. As I understand that there are some hundred people who might be involved in these diplomatic privileges and who might park their cars in all sorts of areas which are prohibited to the ordinary citizen, this could arouse a good deal of dissatisfaction.

We recognise that this immunity is probably mutual, and that British representatives have similar immunities in other countries—at least, we hope so; and I should like an assurance from the noble Marquess on that point. I certainly think that it is right that we should scrutinise every case in which it is proposed to grant these diplomatic privileges and make sure that they are both essential and reciprocal. Perhaps the noble Marquess could assure us that it is really essential for the good working of this organisation that those who come to this country should be granted these extraordinary privileges.

THE MARQUESS OF LANSDOWNE

My Lords, I can assure the noble Lord, Lord Silkin, that Her Majesty's Government are just as jealous of these privileges as anyone. As regards the number of people involved, if I may take one Order at a time, there are only 30 people involved in the Order at the moment before the House. I understand that it is extremely improbable that there is ever likely to be a meeting in this country and, if there were, it is anticipated that no more than six people at one time would be likely to be involved. So far as reciprocity is concerned, I can assure the noble Lord that there is reciprocity.

On Question, Motion agreed to: Ordered, That the said Address be presented to Her Majesty by the Lords with White Staves.