HC Deb 26 January 1987 vol 109 cc41-2W
Mr. Bendall

asked the Secretary of State for Foreign and Commonwealth Affairs if, in the light of the refusal of the United States Government to waive diplomatic immunity in the case of the spouse of one of its London embassy staff accused of sexual offences, he will now take steps to discuss diplomatic immunity with his fellow European Economic Community Foreign Ministers with a view to seeking a review of the Vienna convention; whether he will also discuss the possible formation of a blacklist amongst European Economic Community countries of persons on whose behalf diplomatic immunity is claimed who are alleged to have committed criminal offences; and if he will make a statement.

Mr. Eggar

We have regular discussions and exchanges of information with our European Community partners on questions related to diplomatic immunity. We have paid particular attention to drawing our partners' attention to the conclusions of the White Paper on diplomatic immunities and privileges (Cmnd. 9497) of April 1985.

As part of the Twelve's efforts to combat terrorism there is already an arrangement for the mutual exchange of information about those entitled to diplomatic immunity excluded from the territory of one member state so that others can have advance warning of possible risk.

Mr. Peter Bruinvels

asked the Secretary of State for Foreign and Commonwealth Affairs if he will list each occasion during the last five years on which Her Majesty's Government have agreed to waive diplomatic immunity in respect of legal proceedings against one of its officials serving abroad for alleged serious offences; if he will specify, in each case, the rank of the official involved, the alleged offence or offences involved, the date or dates on which they were alleged to have taken place and the date on which the diplomats concerned were prosecuted; if Her Majesty's Government has ever refused to waive diplomatic immunity in such cases; and if he will make a statement.

Mr. Eggar

During the last five years the waiver of diplomatic immunity for officials or dependants serving overseas has been agreed on 28 occasions, 25 of which involved the appearance of an officer or dependant in court as a witness. The remaining three involved minor traffic offences committed by an officer or a dependant

During the same period, the FCO did not waive immunity on four occasions because it was considered inappropriate for an officer to appear in an official capacity as a witness in a civil case. On two occasions, both involving officers in alleged motoring offences, it was decided that waiver of immunity would be inappropriate and the officers were withdrawn from post.

Mr. Peter Bruinvels

asked the Secretary of State for Foreign and Commonwealth Affairs if he will list each occasion during the last five years on which a foreign Government have agreed to waive diplomatic immunity in respect of legal proceedings against one of its officials for alleged serious offences; if he will specify, in each case, the rank of the official involved and the Government he represented, the alleged offence or offences involved, the date or dates on which they were alleged to have taken place and the date on which the diplomats concerned were prosecuted; and if he will make a statement.

Mr. Eggar

There has been one instance where a foreign Government agreed to waive immunity in connection with a drugs charge. The diplomat concerned was tried and acquitted.

According to our records, waivers have been granted in an additional 24 cases to allow members of missions to appear in court as a witness.