HL Deb 14 November 1967 vol 286 cc587-9

2.38 p.m.

THE EARL OF BUCKINGHAMSHIRE

My Lords, I beg leave to ask the Question which stands in my name on the Order Paper.

[The Question was as follows:

To ask Her Majesty's Government whether they can confirm the accuracy of the statements in the Press last September, to the effect that about 4,500 foreign diplomats in London were expected to be exempt from the new drinking-and-driving laws, and whether anything can be done to abolish or diminish such unjustifiable discrimination.]

THE MINISTER OF STATE FOR COMMONWEALTH AFFAIRS (LORD SHEPHERD)

My Lords, the immunity of the diplomatic agents and employees from the criminal jurisdiction of the State in which they serve has the effect that Part I of the Road Safety Act 1967 cannot be enforced against diplomats without their Governments' consent. This is a rule of International Law which it is not open to the United Kingdom to change unilaterally.

THE EARL OF BUCKINGHAMSHIRE

My Lords, I thank my noble friend for that Answer. Is he aware that the Diplomatic Corps give more parties in Central London than any other single group of people in the course of a year, and that, with all due respect, I therefore think it wrong that they should be diplomatically immune and should be able so to plead when stopped by the police?

LORD SHEPHERD

My Lords, all persons entitled to diplomatic immunity are under a duty to respect the laws and regulations of the State in which they serve. If they fail to do so, appropriate action may be taken through diplomatic channels, but the number of occasions on which this action has been required is very small indeed.

LORD PEDDIE

My Lords, may I ask my noble friend whether, when there is an infringement of any regulation, the Embassy involved is notified?

LORD SHEPHERD

My Lords, I think it depends entirely upon the set of circumstances.

LORD SALTOUN

My Lords, may I ask Her Majesty's Government whether there is any prospect of limiting the people with diplomatic immunity in each Embassy to a reasonable number?

LORD SHEPHERD

My Lords, that is a view which has been expressed on many occasions in this House. But as noble Lords will be aware, Embassies and High Commission Offices tend to increase in size, and therefore one can only give the same degree of immunity to all those individuals of a particular class or rank within that Embassy or High Commission.

LORD PEDDIE

My Lords, may I ask my noble friend what would be the set of circumstances that would justify the reporting of any infringement of any regulation to the appropriate Embassy?

LORD SHEPHERD

My Lords, I am afraid that, without notice, I cannot answer that question.

LORD HAWKE

My Lords, did the noble Lord say that the law could be enforced against these people with the consent of the Embassy to which they belong? If so, are Her Majesty's Government, in the interest of public safety, requesting all Embassies in London to agree that their servants should be affected by this law?

LORD SHEPHERD

My Lords, clearly the Embassies will know what is the view of Her Majesty's Government. I think it is fair to point out that in those countries in Europe which have similar regulations—particularly in regard to drinking and driving—our own people carry out their responsibilities; and this is a view which is generally accepted throughout the Diplomatic Service.

LORD HAWKE

My Lords, when the noble Lord says "carry out their responsibilities", does he mean that they agree to be subject to criminal law in this respect?

LORD SHEPHERD

My Lords, I have no information with me about recent requests that have been made to Embassies where an infringement has taken place. I will see whether there are any figures, and if possible I will let the noble Lord have them.

BARONESS SUMMERSKILL

My Lords, could my noble friend say how many individuals in this field applied for diplomatic immunity last year?

LORD SHEPHERD

My Lords, the figure I have here for members of the Diplomatic Missions is 3,928.

BARONESS SUMMERSKILL

My Lords, I want to ask the noble Lord how many individuals who had committed some offence applied for immunity last year.

LORD SHEPHERD

My Lords, I am sorry that I do not have these figures with me. I will communicate them to the noble Baroness.