§ Mr. Peter Bruinvelsasked the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on the circumstances in which the husband of 672W a United States diplomat was sent home following the refusal by the United States Government to waive diplomatic immunity in respect of legal proceedings for alleged offences involving the indecent assault of a child; if he will identify the diplomat and her husband; when the alleged offences occurred; and what information he has as to whether any action is to be taken by the United States authorities against the individual concerned.
§ Mr. EggarThe alleged offender was James Ingley, husband of Jane Ingley who had diplomatic immunity. According to police reports we received on 20 December 1985, he exposed himself to a girl of six and committed other acts in her presence on one occasion in October 1985. There was no rape or violence. In the absence of immunity we understand Ingley would have been charged with committing an act of gross indecency under section 1 of the Indecency with Children Act 1960.
We expressed our concern to the American embassy on 23 December and asked it to waive Ingley's immunity. It refused the request on 24 December but sent Mr. and Mrs. Ingley back to the United States on the same day. The embassy deplored the incident. It subsequently told us that Mr. Ingley had undergone medical treatment.
§ Mr. Peter Bruinvelsasked the Secretary of State for Foreign and Commonwealth Affairs in respect of which relatives of foreign diplomats based in London diplomatic immunity is claimed; and if he will make a statement.
§ Mr. EggarThe Vienna convention provides that members of the family of a diplomat or of a member of the administrative and technical staff forming part of his household enjoy immunity from the criminal jurisdiction of the receiving state. We regard this as including the spouse, children under 18, and a few other relations, in exceptional circumstances. It is for the courts to decide on doubtful cases.
§ Mr. Peter Bruinvelsasked the Secretary of State for Foreign and Commonwealth Affairs what is Her Majesty's Government's policy toward relations with Governments who refuse to waive diplomatic immunity in respect of legal proceedings for alleged incidents involving violence, sexual assault, murder or other serious offences, committed by diplomats; and if he will make a statement.
§ Mr. EggarWe ask for waiver of diplomatic immunity in serious cases as defined in the White Paper on "Diplomatic Immunities and Privileges". An overseas Government may not wish to grant it as they are entitled to do under the Vienna convention on diplomatic relations. In such cases we require the prompt removal of the alleged offender.
§ Mr. Peter Bruinvelsasked 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 refused to waive diplomatic immunity in respect of legal proceedings against one of their officials for alleged serious offences carrying a minimum prison sentence of three years; 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 withdrawn from the United Kingdom.
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§ Mr. EggarI regret this information is not readily available in the form requested. I will write to my hon. Friend as soon as possible.