§ Mr. AustinTo ask the Secretary of State for Foreign and Commonwealth Affairs if he will set out the(a) rules and (b) guidance governing diplomats or consular officials giving evidence in court cases in foreign countries. [26043]
§ Mr. Tony LloydUnder Article 31(2), of the Vienna Convention on Diplomatic Relations (1961),
a diplomatic agent is not obliged to give evidence as witness".Article 44(1) of the Vienna Convention on Consular Relations (1963) states that
a consular employee or a member of the service staff shall not, except in the cases mentioned in paragraph 3 of this Article, decline to give evidence. If a consular officer should decline to do so, no coercive measure or penalty may be applied to him".Article 44(3) goes on to state that
Members of a consular post are under no obligation to give evidence concerning matters connected with the exercise of their functions or to produce official correspondence and documents relation thereto. They are also entitled to decline to give evidence as expert witnesses with regard to the law of the sending State".Internal guidance to FCO staff, however, is that Her Majesty's Government would normally expect all staff to assist local police and judicial authorities if called upon to do.