Parliamentary Written Question (Correction)

Foreign and Commonwealth Affairs written statement – made at on 13 December 2010.

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Photo of Henry Bellingham Henry Bellingham The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs

I regret that the answer I gave to Mr MacShane, to parliamentary question 22801, Official Report, 11 November 2010, Vol. 518 column 435W, on diplomatic immunity was incomplete.

The answer originally published was as follows:

Mr Bellingham: Whether a visiting Minister of a foreign Government is entitled to immunity from arrest in the UK will depend on the status of the person concerned, whether they are travelling on official Government business, as well as on other considerations. By virtue of their office, immunities will attach to visiting Heads of State, Heads of Government and Ministers of Foreign Affairs, as well as, by extension, other Ministers who travel by virtue of their office. The extent to which such immunities may attach to other visiting senior officials will fall to be determined case-by-case depending on their status and the reasons for their visit to the UK.

The answer should have been preceded by the following additional information:

There are various forms of immunity that may operate in proceedings before UK courts, including, State immunity, diplomatic immunity and special missions immunity. State and diplomatic immunity are addressed in legislation; special missions immunity derives from customary international law. Each of these aspects of immunity have been addressed in UK court judgments, to which reference must be made when determining whether immunity applies in any given case.

Minister

Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.