§ Mr. Kilroy-Silkasked the Secretary of State for the Home Department if he will detail the steps that are taken when a criminal offence is alleged to have been committed by a person enjoying diplomatic immunity, especially in relation to his removal from the United Kingdom and reparation to the victim.
§ Mr. BrittanWhen the police are satisfied that a person alleged to have committed a criminal offence is entitled to claim diplomatic immunity, they report the facts of the case to the Department. The Home Office then recommends to the Foreign and Commonwealth Office such further action as is considered appropriate. It is the practice for details of every alleged offence to be brought to the attention of the appropriate head of mission.
§ Mr. Kilroy-Silkasked the Secretary of State for the Home Department if any person enjoying diplomatic immunity has been alleged to have committed more than one criminal offence; if so, what they were; when they occurred; and if the person concerned is still in the United Kingdom.
§ Mr. BrittanSince 1 January 1977, 51 persons entitled to claim diplomatic immunity have been alleged to have committed more than one offence; 24 of these persons are believed still to be resident in the United Kingdom. I regret that the other information requested is not readily available.
§ Mr. Kilroy-Silkasked the Secretary of State for the Home Department how many persons enjoying diplomatic immunity were alleged to have committed the 34 offences against the Theft Act 1968, including shoplifting, in 1979; and how many of them are still in the United Kingdom.
§ Mr. BrittanThirty. According to records held by the Foreign and Commonwealth Office, 15 of these persons 51W were still in the United Kingdom on 16 July 1980.
§ Mr. Kilroy-Silkasked the Secretary of State for the Home Department if he will indicate the nature of the four cases of violence upon the person and the three cases of sexual assault, the two drug offences and the seven other offences alleged to have been committed by persons entitled to diplomatic immunity in 1979.
§ Mr. BrittanThe legal descriptions of the alleged offences to which the question refers are as follows:
Violence against the person:— Assault contrary to section 42 of the Offences against the Person Act 1861 3 Assaulting a police officer contrary to section 51 (1) of the Police Act 1964 1 Sexual offences:— Attempted gross indecency contrary to section 13 of the Sexual Offences Act 1956 1 Indecent assault contrary to section 14 of the Sexual Offences Act 1956 1 Incest contrary to section 10 (1) of the Sexual Offences Act 1956 Drug offences:— Possession of a controlled drug contrary to section 5 (2) of the Abuse of Drugs Act 1971 2 Other offences:— Loitering with intent to commit an arrestable offence contrary to section 4 of the Vagrancy Act 1824, as amended 2 Obstructing a police officer contrary to section 51 (3) of the Police Act 1964 2 Possessing an offensive weapon contrary to section 1 of the Prevention of Crime Act 1953 1 Using abusive words and behaviour contrary to section 54 (13) of the Metropolitan Police Act 1839 1 Avoiding payment of fare contrary to section 5 (3) (a) of the Regulation of Railways Act 1889 1
§ Mr. Kilroy-Silkasked the Secretary of State for the Home Department (1) what and how many offences were alleged to have been committed so far in the current year by persons entitled to diplomatic immunity; and if any were proceeded with;
(2) if any persons enjoying diplomatic immunity who were alleged to have committed criminal offences in the current 52W year are still in the United Kingdom; and, if so, what was the alleged offence; and why they are still here.
§ Mr. BrittanThe number of offences alleged to have been committed is shown in the following table. Seventeen of the 120 persons entitled to claim diplomatic immunity who were suspected of involvement in these offences have since left the United Kingdom. There have been no criminal proceedings in connection with any of these alleged offences.
Offences alleged to have been committed by persons entitled to diplomatic immunity: 1 January 1980 to 16 July 1980 Violence against the person 1 Offences against the Theft Act 1968 (including shoplifting) 13 Drugs offences 1 Drink offences (e.g. drunk and disorderly) 3 Road traffic offences involving drink 16 Other road traffic offences* 82 Other offences 4 120 * Excluding those dealt with by fixed penalty notices.
§ Mr. Kilroy-Silkasked the Secretary of State for the Home Department if any diplomatic mission pays for the fixed penalty notices incurred by members of the mission enjoying diplomatic immunity.
§ Mr. BrittanThe available records do not indicate whether any diplomatic mission as such has paid a fixed penalty. But it is believed that certain diplomatic missions in London expect members of their staff to pay parking fines even though they are entitled to diplomatic immunity.
§ Mr. Kilroy-Silkasked the Secretary of State for the Home Department how many fixed penalty notices were cancelled for each diplomatic mission in 1979 and so far in the current year.
§ Mr. BrittanThe following table, compiled from provisional figures made available by the Metropolitan Police, gives particulars of the total number of fixed penalty notices issued in the Metropolitan Police distriot cancelled on grounds of diplomatic immunity during 53W 1979 and for the first five months of 1980.
54W
"Fixed penalty" notices cancelled on grounds of diplomatic immunity 1979 January to May 1980 Afghanistan 50 2 Algeria 164 123 Argentine 653 305 Australia 12 22 Austria 140 47 Bahamas 7 4 Bahrain 175 73 Bangladesh 188 70 Barbados 148 64 Belgium 192 88 Bolivia 73 17 Botswana 28 7 Brazil 596 258 Bulgaria 1,312 624 Burma 67 20 Cameroon 415 185 Canada 60 28 Chile 42 20 China 166 54 Colombia 348 140 Costa Rica 61 51 Cuba 1,131 570 Cyprus 1,472 535 Czechoslovakia 133 66 Denmark 43 15 Dominican Rep. 136 51 Commonwealth of Dominica 3 4 Ecuador 199 58 Egypt 2,773 695 El Salvador 20 9 Ethiopa 130 88 Fiji 5 — Finland 502 243 France 2,062 823 Gabon 125 90 Gambia 158 43 German Democratic Rep. 231 60 Germany, Fed. Rep. of 148 69 Ghana 1,240 354 Greece 588 300 Grenada 11 3 Guyana 169 71 Haiti 12 3 Honduras 105 49 Hungary 668 237 Iceland 9 2 India 489 472 Indonesia 586 229 Iran 682 225 Iraq 1,166 565 Ireland, Rep. of 116 45 Israel 436 165 Italy 406 248 Ivory Coast 431 101 Jamaica 1,396 480 Japan 437 125 Jordan 1,576 465 Kenya 679 423 Korea 805 288 Kuwait 933 318 Laos 9 2 Lebanon 75 17 Lesotho 30 14 55W
1979 January to May 1980 Liberia — 95 32 Libya — 1,586 673 Luxembourg — 19 1 Malawi — 37 7 Malaysia — 1,184 473 Malta — 255 76 Mauritius — 123 43 Mexico — 228 105 Mongolia — 7 3 Morocco — 345 170 Nepal — 40 14 Netherlands — 33 14 New Zealand — — 2 Nicaragua … — — Nigeria, Fed. Rep. of Rep. of … 5,319 1,910 Norway … 54 16 Oman … — 98 Pakistan … 1,243 247 Panama … 263 140 Papua New Guinea … 18 6 Paraguay … 140 103 Peru … 556 216 Philippines … 204 110 Poland … 345 193 Portugal … 581 224 Qatar … 598 215 Romania … 633 221 Rwanda … — — Saudi Arabia … 1,930 655 Senegal … 159 61 Seychelles … 88 19 Sierra Leone … 247 99 Singapore … 48 31 Somali Dem. Rep. … 66 17 South Africa … 12 5 Soviet Union … 746 337 Spain … 801 473 Sri Lanka … 201 71 Sudan … 561 154 Swaziland … 82 13 Sweden … 94 31 Switzerland … 14 18 Syrian Arab Rep. … 292 110 Tanzania … 254 137 Thailand … 954 299 Togo … 101 30 Tonga … 2 … Trinidad and Tobago … 164 50 Tunisia … 176 97 Turkey … 598 267 Uganda … 20 72 United Arab Emirates … 594 216 United States of America … 130 72 Uruguay … 42 25 Venezuala … 450 160 Vietnam … 4 1 Yemen Arab Rep. … 97 129 Yemen, Peoples Dem. Rep … 136 49 Yugoslavia … 659 401 Zaire … 422 114 Zambia … 495 210 Commonwealth Secretariat … 59 38 Eastern Caribbean Commission … 2 1 EEC Commission … 7 2 International Cocoa Organisation … 7 1
1979 Jaunary to May 1980 International Coffee Organisation 2 1 Inter-Governmental Maritime Consultative Organisation 27 1 Western European Union 10 1 United Nations 1 — North Atlantic Treaty Organisation — 1 Total 52,453 20,603