§ Mr. Lathamasked the Secretary of State for Foreign and Commonwealth Affairs whether he will make a statement on progress regarding a possible review of the Vienna convention, following the shooting outside the Libyan People's Bureau.
§ Mr. RifkindI refer my hon. Friend to the answer I gave earlier today to my hon. Friend the Member for Berkshire, East (Mr. MacKay).
§ Mr. Berminghamasked the Secretary of State for Foreign and Commonwealth Affairs whether he will seek to raise the question of the mutual waiving of obligations under the Vienna convention in the appropriate Commonwealth forum.
§ Mr. RifkindIt has been our practice to request waivers of immunity in respect of Commonwealth and foreign diplomats in London accused of serious criminal offences except in cases, such as first-time alleged shoplifting or drunken driving offences, where we have considered that disciplinary action by the head of mission would be more appropriate. If the waiver is not granted, we have required the removal of the offender. My right hon. and learned Friend covered this point in his statement of 18 July to the Select Committee on Foreign Affairs, a copy of which has been placed in the Library of the House. He announced that we would expect, and apply, more stringent standards in future.
If a waiver is requested of the immunity of a British diplomat overseas accused of a serious offence, we consider the matter carefully, having regard among other matters to strength of the evidence, the diplomat's own 703W account of the matter and the likelihood of a fair trial. In some cases we have granted waiver of immunity. There would be serious difficulties, however, in committing ourselves in advance to a waiver in all cases. It is, morover, unlikely that a proposal for mutual waiver in all cases would find favour with most Commonwealth Governments.