§ Lord Pearson of Rannochasked Her Majesty's Government:
Which European Union institutions are eligible for immunities and tax privileges; what those immunities and privileges are; and to which European Union institutions they propose to grant similar status under the International Organisations Bill. [HL560]
§ Baroness Symons of Vernham DeanThe 1965 Protocol on the Privileges and Immunities of the European Communities ("the 1965 Protocol") conferred on the European Communities a range of privileges and immunities considered necessary for the performance by the Communities of their tasks and functions. These privileges and immunities are similar to those conferred on other international organisations and include immunity from jurisdiction, exemption from taxation, exemption from customs duties and prohibitions and restrictions on importation and exportation of articles for official use. The provisions of the 1965 protocol apply to the Communities; to their institutions (ie the European Parliament, the Council, the Commission, the Court of Justice and the Court of Auditors); to the European Central Bank, the European Monetary Institute and the European Investment Bank; and in accordance with the protocol, to certain representatives of member states and certain officials and servants of the Communities. The provisions of the protocol have also been applied to bodies created under the Community and to certain officials and staff engaged in the work of such bodies. The 1965 protocol, and the privileges and immunities flowing from it, are given effect in UK law by the European Communities Act 1972. The International Organisations Bill will not alter that situation.
The International Organisations Bill will, however, enable the UK to confer legal capacity and privileges and immunities on bodies established under powers conferred under Title V (Provisions on a Common Foreign and Security Policy) or Title VI (Provisions on Police and Judicial Co-operation in Criminal Matters) of the Treaty on European Union, and on certain categories of individuals connected with those bodies. At present three bodies exist on which privileges and immunities will be conferred pursuant to Clause 5 of the International Organisations Bill. They are: ATHENA, the EU Satellite Centre and the Institute for Security Studies.
§ Lord Pearson of Rannochasked Her Majesty's Government:
How they define the "other persons connected with the body, and members of their families who form part of their households" to whom they propose to grant immunity under Clause 5(3)(b) of their International Organisations Bill; and to how many United Kingdom residents they expect such immunity to apply. [HL561]
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§ Baroness Symons of Vernham DeanClause 5(3)(b) will cover, among others, persons employed by, or serving under, the body as experts or as persons engaged on missions for it, representatives to the body, representatives on, or members of, any subordinate body or sub-committee, family members of these persons and family members of officers or staff of the body. As ATHENA, the EU Satellite Centre and Institute for Security Studies are all based outside the United Kingdom, it is expected that few, if any, UK residents connected with those bodies will enjoy immunity.