HC Deb 01 December 1969 vol 792 cc199-200W
Mr. Oakes

asked the Secretary of State for Foreign and Commonwealth Affairs if he will discuss with other Governments the abolition of the privilege of diplomatic immunity so far as civil or criminal proceedings arising out of road traffic incidents are concerned.

Mr. Luard

No. There is no evidence of widespread abuse of diplomatic immunity so far as civil or criminal proceedings arising out of road traffic incidents are concerned. There has been a substantial increase in the number of fixed penalty notices (parking tickets) cancelled in respect of persons enjoying diplomatic immunity, but this is a special problem and is being treated accordingly.

Mr. Oakes

asked the Secretary of State for Foreign and Commonwealth Affairs how many claims for damages in road traffic cases have been avoided by the invocation of diplomatic immunity in each of the last five years; and what arrangements exist for an injured party to obtain redress in such cases.

Mr. Luard

None, so far as I am aware.

The British Accident Offices Association has given an undertaking to this office that its members will not seek to evade their obligations by hiding behind the diplomatic immunity of their clients. This undertaking has been loyally implemented. In very few cases only has the attention of the Foreign and Commonwealth Office been drawn by an aggrieved party to his inability to obtain compensation from a diplomat in respect of a traffic accident. I am aware of no such case in which settlement has not been achieved.

Mr. Oakes

asked the Secretary of State for Foreign and Commonwealth Affairs if he will set up a committee of inquiry into the privilege of diplomatic immunity.

Mr. Luard

No.

There is no evidence of widespread abuse of diplomatic immunity (other than, perhaps, in the failure of many diplomats to pay fixed penalties in respect of irregular parking).

In view of the comparatively short period during which the Vienna Convention scales of privileges and immunities have been in operation in the United Kingdom and elsewhere it would be premature to consider their revision. In any case it is not open to the United Kingdom to take unilateral action to restrict diplomatic immunity because this immunity is accorded in the United Kingdom in implementation of this country's obligations under an international Convention (the Vienna Convention on Diplomatic Relations).

Mr. Oakes

asked the Secretary of State for Foreign and Commonwealth Affairs if he will introduce legislation to withdraw diplomatic immunity from members of foreign embassies and legations in cases of civil proceedings in contract and tort.

Mr. Luard

No.

There is no evidence of widespread abuse of diplomatic immunity in connection with contracts or torts. The immunity accorded to diplomats from the civil jurisdiction under the Diplomatic Privileges Act, 1964, is in any case already subject to certain exceptions.