§ Mr. FoulkesTo ask the Secretary of State for Northern Ireland if he will list all areas within(a) his Department, (b) agencies under his Department's control and (c) organisations for which he has ministerial responsibility to which Crown immunity applies; what consideration he has given to removing this; and if he will make a statement. [28650]
§ Sir John Wheeler[holding answer 15 June 1993]: The Crown is not bound by any NI legislation unless the contrary intention is clearly stated, or there is a necessary implication that the Crown is to be bound.
Whether Crown immunity applies to statutory bodies other than Government Departments and agencies depends on whether they are carrying out functions on behalf of the Crown. The legislative provisions establishing many statutory bodies expressly state that they are not emanations of the Crown and shall not act or he treated as servants or agents of the Crown. For such bodies, no question of Crown immunity arises.
The Government's policy on Crown immunity, as set out in the Cm 1599, "The Citizens Charter—Raising the Standard", is that Crown immunity is being progressively reduced as legislative opportunities arise. In the meantime, Crown bodies are expected to behave as though they were bound by regulations.