Question proposed, That the clause stand part of the Bill.

With this it will be convenient to discuss the following:

Clause 3 stand part.

The schedule.

It is a pleasure to serve under your chairmanship, Ms Fovargue, and to bring the Bill to the Committee. I thank all colleagues for agreeing to sit on the Committee and for enabling us to scrutinise the Bill in some detail.

Before I start, I should put on record my gratitude to the secretary-general of the Commonwealth Parliamentary Association, Stephen Twigg, for his steadfast commitment to the CPA and his passionate championing of the Bill; my hon. Friend Mr Liddell-Grainger, who is the chair of the international executive committee of the Commonwealth Parliamentary Association, for his support for changing the status of the CPA; and the International Committee of the Red Cross for the incredibly important work it does. I should not forget the Minister, who is in his place today; his colleague, the noble Lord Ahmad; or the formidable team at the Foreign and Commonwealth Office. They have understood the importance of what our organisations do to support democracy around the world and have provided invaluable support and guidance.

In paying tribute to all those people, the right hon. Lady forgot to mention herself. It is fair to say that getting to this point has been a labour of love for in excess of two years. Those of us on the CPA executive who are in this Committee room to debate the Bill know that she very much spearheaded that work, and she deserves credit for it.

I thank the hon. Gentleman for his comments, and I recognise his support for all the work that has got us here today.

The Bill was passed unanimously on Second Reading, and I hope the clauses and amendments will continue to have the support of the Government and everybody in this room today. It provides the necessary delegated legislation-making powers for the CPA and the ICRC to be treated in a manner comparable to an international organisation of which the United Kingdom, or His Majesty’s Government in the United Kingdom, is a member.

Before the Bill, the Government were unable to treat them in that way, because the powers in the International Organisations Act 1968—particularly the powers in section 1—and the International Development Act 2002 are not available in respect of the CPA or the ICRC. That is because neither organisation is an intergovernmental organisation, but instead each has its own unique constitutional arrangements, reflecting its specific international mandate. Therefore, it is necessary to establish a bespoke enabling power to allow the CPA and the ICRC to operate in the UK.

Turning to the provisions in clauses 1 and 3 and the schedule in more detail, clause 1 enables the conferral on the CPA of the legal capacities of a body corporate. Key capacities relevant to the operation of an international organisation in the UK include concluding contracts, acquiring and disposing of property, and instituting and being a party to legal proceedings.

The clause also enables the provision in respect of the CPA of specific privileges and immunities, which will be determined on the basis of the organisation’s functional need and will be specified through an individual arrangement to be agreed upon on completion of the Bill. The clause also enables the provision of specific privileges and immunities in respect of the secretary-general of the CPA. Those are limited to the privileges and immunities set out in part 2 of the schedule.

The second clause in this string is clause 3. This provision is equivalent to section 8 of the International Organisations Act 1968, which allows the Secretary of State to certify questions of fact relating to the status of, or the privileges and immunities conferred on, the organisations. This clause is necessary, as it is intended to assist the courts in establishing the facts relating to the status of persons who may have privileges or immunities.

The third element in this string is the schedule. It is customary practice to grant privileges and immunities to international organisations and related persons. The list of privileges and immunities that may be conferred on the CPA and the ICRC by Order in Council is set out in the schedule and has been informed by the 1968 Act. I say “may” very certainly, because these are things that have to be decided once this paving legislation is in place.

The schedule will allow the Government to agree a framework that is unique and appropriate to the organisations’ unique mandates. Conferral of the privileges and immunities may be subject to specific exceptions in accordance with clause 4(2)(b), while any exemption or relief from a tax or duty may be made subject to arrangements or conditions in accordance with clause 4(2)(c).

The actual suite of privileges and immunities to be accorded, including relevant exceptions and limitations, will be determined on the basis of the functional need of each organisation and will be specified in the Order in Council. I will discuss that further when we come to the next set of provisions, because it is important that it be clear to everybody looking at this debate, which will be a great number of people across the Commonwealth.

I am grateful for my right hon. Friend’s leadership on this issue and I am very pleased to be speaking in Committee on this important Bill. As laid out by my right hon. Friend, the UK greatly values its long-standing programme partnership with the Commonwealth Parliamentary Association and really appreciates the very important work that it does, right across the Commonwealth, to foster inclusive and accountable democracy.

Treatment as an international organisation will allow the CPA to continue to operate across the Commonwealth and international fora. It will also allow the organisation to participate fully in areas in which it is currently restricted. Therefore I am very pleased to be able to speak in support of clauses 1 and 3 and the schedule; I will just touch on those, if I may.

The powers provided in clause 1 subsections (1) and (2) reflect the constitutional arrangements of the CPA —including its current registration with the Charity Commission for England and Wales—and will facilitate its proposed future operating model. Comparable treatment to an international organisation would be limited to the core international organs of the CPA, such as the secretariat. It is not intended that any privileges, immunities or other facilities are extended to any of the national or subnational branches.

This clause enables conferral on the CPA of the legal capacities of a body corporate. Key capacities relevant to the operation of an international organisation in the UK are to conclude contracts, to acquire and dispose of property, and to institute and be party to legal proceedings. The clause also enables the provision in respect of the CPA of specific privileges and immunities, which will be determined on the basis of the organisation’s functional need and will be specified through an individual arrangement to be agreed upon on completion of the Bill. Clause 1(1)(c) enables the provision of specific privileges and immunities in respect of the secretary-general of the CPA. Those are limited to the privileges and immunities set out in part 2 of the schedule.

The clause provides for the Order in Council to specify certain statutory provisions in relation to international organisations that should apply in relation to the CPA, with any necessary modifications. This provision will ensure that the CPA can be accorded comparable treatment to an international organisation—in particular, where the definition of international organisation in the legislation is limited to intergovernmental organisations.

I welcome this Bill and I agree that it is a cross-party Bill, with support from across the House. I pay tribute to my right hon. Friend the Member for Basingstoke for introducing it. I recently returned from Sierra Leone as a member of the CPA executive, and it was made clear to me by members of foreign Governments how important this Bill is. I wholeheartedly welcome this change.

I wholeheartedly endorse my hon. Friend’s comments.

Touching briefly on clause 3, the Bill will enable the Government to treat the CPA and the ICRC in a manner comparable to that of an international organisation of which the United Kingdom, or His Majesty’s Government in the United Kingdom, is a member. In keeping with that, this provision is equivalent to section 8 of the International Organisations Act 1968, which allows the Secretary of State to certify questions of fact relating to the status of, or the privileges and immunities conferred on, the organisations.

Clause 3 is therefore necessary, as it is intended to assist the courts in establishing the facts relating to the status of persons who may have privileges or immunities. The legislation is being supported now as compelling business cases have been presented, and parliamentary time and capacity is available.

Before I conclude, let me touch on the schedule. It is customary practice to grant privileges and immunities to international organisations and related persons. The list of privileges and immunities that may be conferred on the CPA and the ICRC by Order in Council is set out in the schedule and has been informed by the 1968 Act. That will allow the Government to agree a framework that is unique and appropriate to the organisations’ unique mandates.

Conferral of the privileges and immunities may be subject to specific exceptions in accordance with clause 4 of the Bill, while any exemption or relief from a tax or duty may be made subject to arrangements or conditions, also in accordance with clause 4. I reiterate the Government’s support for, and agreement with, the clauses and the schedule.

Does the Minister agree that this Bill creates equal partners in the Commonwealth, rather than the more outdated model where the UK takes the leadership, and does he agree that that is a positive change?

I do agree—it is a very positive change.

I thank the Minister for his wholehearted support for this first clause of the Bill and other hon. Members for their contributions.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.