HC Deb 26 April 1976 vol 910 cc40-1W
Mr. Jessel

asked the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on the purposes for which diplomatic immunity is granted; and which of these purposes makes necessary the extension of immunity to cover non-payment of parking fines, since 53,477 fixed penalty parking notices were cancelled on grounds of diplomatic immunity in 1975.

Mr. Hattersley

Diplomatic immunities are granted to ensure the smooth performance of the functions of diplomatic missions. Together with most other countries of the world, Her Majesty's Government are a party to the Vienna Convention on Diplomatic Relations 1961, all of whose signatories are obliged to grant immunity from all forms of criminal proceedings to diplomats in their countries. We therefore enjoy the benefits of the Convention's provisions in respect of our own diplomats overseas. If there were no such immunity legal proceedings might be used to harass diplomats for political ends.

Mr. Jessel

asked the Secretary of State for Foreign and Commonwealth Affairs in what circumstances he has power to waive diplomatic immunity where that immunity has been repeatedly abused.

Mr. Hattersley

My right hon. Friend has no power to waive diplomatic immunity which, under the Vienna Convention on Diplomatic Relations 1961 as incorporated in Schedule 1 to the Diplomatic Privileges Act 1964, can be waived only by the sending State. In very serious cases, however, he can request the sending State to waive that immunity or he can declare the offenderpersona non grata and the sending State would be obliged to remove him.

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