HL Deb 02 May 1977 vol 382 cc883-4

6.46 p.m.

Lord GORONWY-ROBERTS rose to move, That the draft International Monetary Fund (Immunities and Privileges) Order 1977, laid before the House on 20th April, be approved. The noble Lord said: My Lords, in moving the draft order, perhaps it would be in order for me to reply to the remarks of the noble Baroness, which once again I welcome. The noble Baroness raised the question of the Joint Committee having questioned the vires of Articles 11 and 12 of the order. It is a fact that the Joint Committee's report on the draft order questions the vires of Articles 11 and 12, on the ground that the privileges granted are greater in extent than those which will be required to be conferred in accordance with the agreement establishing the Fund.

Our own legal advisers consider that the draft order, which follows a number of precedents—I think that obliquely I referred to those precedents in my opening speech—is intra vires. I have here a note on both articles which sets out the position as we see it. I hesitate to truncate a legal judgment, but I do not wish to appear to be in the least discourteous by not making this note available to the House. If the noble Baroness and, indeed, noble Lords agree, I will make available, side by side with the statements of the Joint Committee, the fairly long and, as we think, conclusive counter-statements which we have prepared after looking into this question with our own legal advisers. I am in the hands of the House, of course, but if that course is agreeable—and I discern that agreement is charmingly indicated by the noble Baroness—I will take it. I beg to move.

Moved, That the draft International Monetary Fund (Immunities and Privileges) Order 1977, laid before the House on 20th April, be approved.—(Lord Goronwy-Roberts.)

Baroness ELLES

My Lords, I thank the noble Lord the Minister for his explanation. I should be grateful if this document could be made available to the House, as the noble Lord suggests.

On Question, Motion agreed to.