LIBRARY
BRIEFING

HL Bill 3 of 2024–25

Commonwealth Parliamentary Association
and International Committee of the Red
Cross (Status) Bill [HL]
Author: Sarah Tudor
Date published: 23 July 2024

The Commonwealth Parliamentary Association and International Committee of the Red
Cross (Status) Bill [HL] is a government bill that seeks to change the status of theCommonwealth Parliamentary Association (CPA) and the International Committee of the
Red Cross (ICRC) to mean that the government could treat them in a similar way tointernational organisations of which the UK is a member. The bill is scheduled to have its
second reading in the House of Lords on 29 July 2024.
The CPA is an international community of Commonwealth parliaments and legislatures witha mandate to promote and strengthen parliamentary democracy. It is currently a registered
UK charity. The ICRC is an independent organisation that works to provide assistance forvictims of conflict and other violence. Its mandate is enshrined in the 1949 Geneva
conventions and their additional protocols.
The bill would give the government powers to grant the organisations certain privileges andimmunities through an order in council. It would also provide for references to internationalorganisations in general legislation to include the CPA and ICRC. Before an order in council
could be made, it would have to be approved by both Houses of Parliament.
The bill was previously introduced as a private member’s bill by Dame Maria Miller (former
Conservative MP for Basingstoke) in the 2023–24 parliamentary session. However, it did notcomplete its parliamentary stages before Parliament was dissolved for the 2024 generalelection. The bill had received cross-party support.

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Table of Contents
1.

Overview of the bill .......................................................................................... 3

2.

Policy background ............................................................................................. 4
2.1

What are the CPA and ICRC? ..................................................................................... 5

2.2 What is the legislative framework for conferring privileges and immunities oninternational organisations? ....................................................................................................... 6
3.

4.

Summary of the provisions of the bill............................................................. 7
3.1

Clause 1: The CPA .......................................................................................................... 7

3.2

Clause 2: The ICRC ........................................................................................................ 8

3.3

Clause 3: Evidence ........................................................................................................... 9

3.4

Clause 4: Orders in council .......................................................................................... 9

3.5

Clause 5: Interpretation ................................................................................................. 9

3.6

Clause 6: Territorial extent ....................................................................................... 10

3.7

Schedule 1: Privileges and immunities ...................................................................... 10

Previous versions of the bill ........................................................................... 11
4.1

House of Commons stages ........................................................................................ 11

4.2

House of Lords stages ................................................................................................. 13

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1.

Overview of the bill

The Commonwealth Parliamentary Association and International Committee of the Red
Cross (Status) Bill would enable the government to treat the Commonwealth Parliamentary
Association (CPA) and the International Committee of the Red Cross (ICRC) in a way
comparable to an international organisation of which the UK or the UK government is amember. Currently the government cannot treat these two organisations as it would aninternational organisation because neither falls under the scope of existing powers under theInternational Organisations Act 1968. 1 This means, for instance, the government cannot
confer privileges or immunities on them.
The bill was introduced in the House of Lords on 18 July 2024. It is scheduled to have its
second reading on 29 July 2024. The bill contains six clauses and one schedule. In summary,the bill would create the power, by order in council, to:•Confer the legal capacities of a body corporate on the CPA and the ICRC.
The key legal capacities relevant to the operation of an internationalorganisation in the UK are concluding contracts, acquiring and disposing ofproperty and being party to legal proceedings. 2•

Grant the organisation, its information and premises, and its staff certain
privileges and immunities appropriate for its functional needs.

•

Provide that references to international organisations in general legislation
include references to the CPA and ICRC.

•

Allow for certain confidential information that the ICRC shares with the UK
government to be exempted from legal disclosure requirements.

The government proposes to detail in separate written arrangements with the CPA andICRC the exact parameters of the status change. 3 The arrangements would include theprivileges and immunities which the government had decided to confer on the organisations,and which would be implemented using the powers in the bill.

1

Explanatory notes, p 2.
As above, p 6.
3
As above, p 2.
2

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2.

Policy backgroundThe government’s policy objective is to treat the CPA and ICRC as it would internationalorganisations of which the UK is a member. 4 Such treatment includes the conferring of thelegal capacities of a body corporate, as well as specific privileges and immunities and otherfacilities relating to the organisation, its property and information, and its personnel. The
government has said the bill would:[…] enable both bodies to continue to operate fully in the United Kingdom,
ensuring the CPA can continue to promote parliamentary democracy andgovernance across the Commonwealth, and that the ICRC can continue to deliver
its humanitarian mandate to protect the lives and dignity of victims of armed conflictand provide them with assistance. 5
While both organisations operate in the UK and internationally, neither are formallyrecognised as international organisations, which the government states “creates risks to their
ongoing operation in the UK”. 6 The CPA and ICRC cannot currently be considered asinternational organisations because they are not inter-governmental, but instead have their“own unique constitutional arrangements”. 7 The government explains it is therefore“necessary to use primary legislation to accord the relevant facilities”.
The CPA has welcomed the bill. Speaking on behalf of the organisation, the acting
chairperson of the CPA executive committee, Arthur Holder (Speaker of the House of
Assembly of Barbados), said:
The CPA has been working tirelessly to change the status of the association for anumber of years and so we welcome this latest announcement by the UK
government as a positive step towards this goal. Changing the CPA’s legal status is alegislative change that has been requested by Commonwealth parliamentarians
across the CPA’s membership. 8

4Prime Minister’s Office, ‘King's Speech 2024: Background briefing notes’, 17 July 2024, p 97.
As above.
6
As above.
7
Explanatory notes, p 4.
8
Commonwealth Parliamentary Association, ‘CPA statement: CPA status bill in UK government’s legislative
programme’, 17 July 2024.
5

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2.1

What are the CPA and ICRC?

The CPA is an unincorporated association established by parliamentarians and comprises
branches within national and sub-national legislatures across the Commonwealth. Its statedmission is:
To promote knowledge of the constitutional, legislative, economic, social andcultural aspects of parliamentary democracy, with particular reference to thecountries of the Commonwealth. 9
The CPA is headquartered in the UK parliamentary estate and has staff from across theCommonwealth, working closely with over 180 CPA branches divided between ninegeographic regions of the Commonwealth. 10
The Foreign, Commonwealth and Development Office (FCDO) works in close partnershipwith the CPA, including on projects to support parliaments to adopt the CPA’s“recommended benchmarks for democratic legislatures”, which provide a framework forexcellence in Commonwealth parliamentary and legislative practice. 11 However, because the
CPA is a registered UK charity, it is subject to certain restrictions under UK legislation on
the charities sector. 12 For instance, it is limited in its ability to sign international conventions
and in pursuing “political purposes”. 13 The UK government has said that its policy objective isto treat the CPA as an international organisation so that it can operate fully across theCommonwealth and on the international stage. 14 The government notes that, in particular, it
would enable the CPA to “participate fully in those areas where it is currently restricted,
including signing up to international statements and communiques”.
The ICRC is an independent, neutral organisation whose “exclusively humanitarian mission isto protect the lives and dignity of victims of armed conflict and other situations of violence
and to provide them with assistance”. 15 The organisation operates in conflict situations
9

Commonwealth Parliamentary Association, ‘About us’, accessed 22 July 2024.
As above.
11
Commonwealth Parliamentary Association, ‘CPA recommended benchmarks for democratic legislatures’,
accessed 25 April 2024.
12
Charity Commission for England and Wales, ‘Commonwealth Parliamentary Association’, accessed 29 April
2024.
13
Commonwealth Parliamentary Association, ‘Application to the UK government for a change of status:
Business case’, 2018.
14
Explanatory notes, p 2.
15
International Committee of the Red Cross, ‘Our mandate and mission’, accessed 25 April 2024.
10

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across the world, interacting with both state and non-state actors. According to thegovernment it has “unique legitimacy to engage all parties to conflicts and has unparalleledaccess to vulnerable groups in conflict situations”. 16 The FCDO describes the organisation as
an “essential partner” for achieving its global humanitarian objectives, as well as “reinforcing
the UK’s ambition to be at the heart of an unrivalled global network” for economic,
diplomatic and security partnership through supporting the ICRC’s implementation ofinternational humanitarian law.
The ICRC’s mandate and mission have been formally recognised by the Geneva conventions
and their additional protocols. 17 Over 110 states, including all other permanent members of
the UN Security Council, have accorded the ICRC relevant privileges and immunities tothose of an international organisation. 18 The UK government states it is essential it gives the
ICRC a similar status to allow the organisation to work in accordance with its international
mandate in the UK:
The conferral of relevant P&I [privileges and immunities] to the ICRC is therefore
critical to enable it to operate in the UK in accordance with its international
mandate, maintaining its strict adherence to the principles of neutrality, impartiality
and independence and its working method of confidentiality. 19
2.2

What is the legislative framework for conferring privileges andimmunities on international organisations?

The government would usually accord privileges, immunities and other facilities in respect ofinternational organisations by order in council using delegated powers under theInternational Organisations Act 1968 or the International Development Act 2002. 20
However, the powers under these acts are not available in respect of the CPA and ICRC
because they are not inter-governmental: their constitutional arrangements reflect their
specific international mandate. The explanatory notes to the bill state this means thatprimary legislation is needed to implement the government’s policy:[… it is] necessary to establish bespoke enabling powers which will allow—once thenecessary statutory instruments have been made to implement the arrangements—
16

Explanatory notes, p 3.
International Committee of the Red Cross, ‘Our mandate and mission’, accessed 25 April 2024.
18
Prime Minister’s Office, ‘King's Speech 2024: Background briefing notes’, 17 July 2024, p 97.
19
As above.
20
Explanatory notes, p 4.
17

7both the CPA and ICRC to operate in the UK in a manner comparable to aninternational organisation, with associated P&I [privileges and immunities].
The bill will provide the necessary delegated legislation making powers so that the
government can provide for the CPA and ICRC to be treated in a mannercomparable to an international organisation of which the United Kingdom, or His
Majesty’s Government in the United Kingdom, is a member. 21
Orders in council are issued by and with the advice of His Majesty’s privy council and areapproved in person by the monarch. 22 It is a long-standing practice that privileges andimmunities are conferred by order in council. Examples include the 1968 act and the2002 act.

3.

Summary of the provisions of the bill

The Commonwealth Parliamentary Association and International Committee of the Red
Cross (Status) Bill comprises six clauses and one schedule. The government has stated it
considers the provisions of the bill to be compatible with the European Convention on
Human Rights (ECHR). 23
3.1

Clause 1: The CPA

Clause 1 would enable an order in council to provide for the CPA to be treated in a mannercomparable to an international organisation. It would:

21•

Confer on the CPA the legal capacities of a body corporate.

•

Confer privileges and immunities in respect of the CPA. The explanatory
notes state the suite of privileges and immunities, including relevant
exceptions and limitations, would be based on the functional needs of theorganisation and would be specified in the order in council. 24

Explanatory notes, p 4.
As above, p 8.
23
As above, p 10.
24
As above, p 6.
22

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3.2

•

Enable the provision of specific privileges and immunities in respect of thesecretary-general of the CPA. These privileges and immunities would be
limited to the secretary-general, or the person who leads the internationalsecretariat of the CPA (even if the name of the role were to change).

•

Provide for the order in council to specify certain statutory provisions inrelation to international organisations which should apply to the CPA with any
necessary modifications.

Clause 2: The ICRC

Clause 2 would provide for the ICRC to be treated in a manner comparable to aninternational organisation. The clause would:•

Confer on the ICRC the legal capacities of a body corporate.

•

Confer specific privileges and immunities in respect of the ICRC. These would
be determined on the basis of the functional need of the organisation andspecified in the order in council.

•

Enable the provision of specific privileges and immunities in respect of specificofficers of the ICRC as well as other specified classes of officers and servants,
for example ICRC delegates posted to the regional delegation in London. 25•

Provide for the application to the ICRC of relevant statutory provisions
relating to international organisations.

•

Provide for protected ICRC information to be exempt from any legal
disclosure requirement imposed by a court or tribunal order in civil
proceedings, or by a statutory provision or rule of law. Exceptions to thisexemption include a court order in criminal proceedings, and information
published by the ICRC. These provisions would not affect the common law
rules about the withholding of information on the grounds of public interest
immunity. 26

The explanatory notes set out why the government believes it is necessary to provide forcertain confidential information to be exempted from legal disclosure requirements:
The ICRC maintains a long-standing and widely accepted working method of25
26

Explanatory notes, p 7.
As above.

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confidentiality. This means that the ICRC engages primarily in confidential andbilateral dialogues with states and others, and it expects states to respect theconfidentiality of the information that is shared with them, including by ensuring thatthe content of that dialogue is not disclosed to any third parties nor used in any
legal proceedings. If this information were made public through court or otherprocesses, it would damage ICRC’s ability to have confidential dialogue with conflictparties, their humanitarian access, and could pose security risks to theiremployees. 27
3.3

Clause 3: Evidence

Clause 3 provides for the secretary of state to issue a certificate stating matters of fact
relating to the status of persons who may have privileges or immunities through an order incouncil made under the provisions of the bill.
3.4

Clause 4: Orders in council

Clause 4 provides that any order in council made under the bill would be subject to the draft
affirmative parliamentary procedure. This would mean that any order in council would
require the approval of both Houses of Parliament.
The clause also provides for the order in council to:

3.5•

specify circumstances where privileges or immunities would not apply•

specify that any fiscal reliefs or exemptions would be subject to arrangements
or conditions imposed by the secretary of state or the commissioners of
HM Revenue and Customs

Clause 5: Interpretation

Clause 5 defines the meaning of “statutory provision” for the purposes of the bill. According
to the explanatory notes, the definition ensures:[…] that it is possible for provision to be made treating the CPA and the ICRC as
27

Explanatory notes, pp 3–4.

10international organisations in respect of all relevant legislation, both primary andsecondary, and including devolved legislation in Scotland, Wales and Northern
Ireland. 28
3.6

Clause 6: Territorial extent

Clause 6 sets out the territorial extent of the bill: the provisions in the bill extend and apply
to the whole of the UK. Annex A to the explanatory notes, which sets out the territorial
extent and application of each of the clauses of the bill, states that the process of legislative
consent motions would not be engaged in any of the three devolved legislatures. 29
The government sets out its position in the explanatory notes:
The government’s policy objective is a matter of international relations and theUnited Kingdom’s foreign and development policy, which includes the conduct ofrelations with international organisations. As recognised in the 2013 memorandumof understanding between the United Kingdom government, the Scottish ministers,
the Welsh ministers and the Northern Ireland executive committee, and re-affirmedin the review of intergovernmental relations (2022), the FCDO “will continue to be
responsible for policy on diplomatic and consular relations with other countries andon all matters concerning international organisations represented in the UK”. 30
3.7

Schedule 1: Privileges and immunities

The schedule sets out the suite of privileges and immunities which may be conferred on
qualifying organisations and personnel:

28•

Part 1 of the schedule sets out the privileges and immunities which may be
conferred on the CPA or the ICRC.

•

Part 2 of the schedule sets out the privileges and immunities which may be
conferred on the personnel of the CPA or the ICRC.

Explanatory notes, p 8.
A legislative consent motion is the means by which a devolved legislature indicates that it is content for the
UK Parliament to pass a law on a devolved matter (UK Parliament, ‘Glossary: Legislative consent motion’,accessed 30 April 2024).
30
Explanatory notes, p 3.
29

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The explanatory notes state that the lists of immunities and privileges have been informed bythose that may be conferred on international organisations under the 1968 act. 31

4.

Previous versions of the bill

A bill to change the legal status of the CPA and the ICRC was previously introduced as a
private member’s bill by Dame Maria Miller (former Conservative MP for Basingstoke) in the
2023–24 parliamentary session. 32 This bill had backing from the then Conservative
government and received cross party support. However, it did not complete its
parliamentary stages before Parliament was dissolved for the 2024 general election. Prior tothis iteration of the bill, Dame Maria had twice sponsored a private member’s bill to
introduce the necessary primary legislation to change the status of the CPA, first in March2023 and then again in April 2023. 33 Neither bill had a second reading.
Sections 4.1 and 4.2 of this briefing give an overview of the parliamentary stages of theprivate member’s bill introduced by Dame Maria in the 2023–24 session.
4.1

House of Commons stages

The Commonwealth Parliamentary Association and International Committee of the Red
Cross (Status) Bill was introduced in the House of Commons on 12 December 2023 andreceived its second reading without debate on 19 January 2024. 34 The bill was considered bya public bill committee in one sitting on 6 March 2024. 35
During its committee stage, the bill was amended to allow for certain confidential
information provided to the UK government by the ICRC to be exempted from legal
disclosure requirements in civil cases. Dame Maria explained why the amendments

31

Explanatory notes, p 9.
Commonwealth Parliamentary Association and International Committee of the Red Cross (Status) Bill.
33
The Commonwealth Parliamentary Association (Status) Bill and the Commonwealth Parliamentary
Association (Status) (No. 2) Bill.
34
HC Hansard 19 January 2024, col 1208.
35
House of Commons Public Bill Committee, ‘Commonwealth Parliamentary Association and International
Committee of the Red Cross (Status) Bill’, 6 March 2024, session 2023–24, cols 1–12.
32

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were necessary:
Amendments 1 and 2, which amend clauses 2 and 4 of the bill respectively, provide
for the protection of information provided confidentially to the government by the
ICRC from being used in UK civil court proceedings. This is an important provision
for the ICRC and is necessary because of the need to withhold from public
disclosure confidential information. Its provision in the bill would provide assurance
that that could take place. 36
However, she explained that the measure did not cover all information, and that an
exclusion had been made for criminal cases to ensure the legislation was “in line fully” withthe right to a fair trial under the ECHR:
The amendment overriding the disclosure of ICRC information in certain
circumstances engages the right to a fair trial under article 6 of the European
Convention on Human Rights. The government and the Foreign Office in particularhave had to look at a way to balance the need for confidentiality with the need toensure that we are in line fully with that article. I am pleased to report that the
FCDO has incorporated mitigations to the risk in the wording of the amendment by
including an exclusion for criminal cases. 37
Leo Docherty, then parliamentary under secretary of state at the Foreign, Commonwealthand Development Office, confirmed that the government believed these amendments
achieved the required balance between protecting the confidentiality of information provided
by the ICRC with ensuring compatibility with the ECHR. He stated:
The amendments do not therefore provide an absolute or blanket exemption fromdisclosure requirements for all ICRC communications. Important limitations havebeen incorporated into the amendment, as my right hon friend mentioned. For
example, the exemption is limited to information that has been communicated by
the ICRC to the UK government as part of its confidential bilateral dialogue related
to the ICRC’s humanitarian activities.
The amendments also engage the right to a fair trial, as was mentioned, underarticle 6 of the European Convention on Human Rights. The government consider
this provision both necessary and proportionate, and mitigations such as the36

House of Commons Public Bill Committee, ‘Commonwealth Parliamentary Association and International
Committee of the Red Cross (Status) Bill’, 6 March 2024, session 2023–24, cols 7–8.
37
As above, col 8.

13exclusion for criminal cases mean that I can confirm that the provision may be
exercised in compatibility with convention rights. 38
The bill completed its remaining House of Commons stages on 26 April 2024. 39 No further
amendments were made to the bill.
Speaking during third reading, Dame Maria said that the bill acknowledged the importantwork of the ICRC and the CPA. She also outlined concerns that, without the legislation, the
CPA may relocate, and that the bill marked a commitment to it and the Commonwealth:I am mindful, however, that the bill will need to pass through the other place tobecome an act, so may I say once again that, without this legislation, there is astrong possibility that the CPA would relocate its headquarters outside the UK? By
enacting the bill, the UK can not only keep the CPA here but demonstrate ourcommitment to the Commonwealth itself in this, its 75th year. 40
4.2

House of Lords stages

The bill was introduced in the House of Lords on 29 April 2024 and received its second
reading on 17 May 2024. It did not reach its committee stage before Parliament wasdissolved. The bill was sponsored in the House of Lords by Baroness D’Souza (Crossbench).
Opening the second reading debate, Baroness D’Souza said there were “clear reasons” why
the legal status of the CPA and the ICRC needed to be changed. 41 She argued it would“strengthen the influence” of the CPA and provide for a “more authoritative internationalpresence”, and that it was “crucial” that immunities and privileges be granted to the ICRC sothat it could “continue its UK operations in accordance with its international mandate”.
Baroness D’Souza concluded her speech by expressing a “hope” that the bill would have an“uncomplicated passage” in the House of Lords.

38

House of Commons Public Bill Committee, ‘Commonwealth Parliamentary Association and International
Committee of the Red Cross (Status) Bill’, 6 March 2024, session 2023–24, col 9.
39
HC Hansard, 26 April 2024, cols 1217–38.
40
HC Hansard, 26 April 2024, col 1219.
41
HL Hansard, 17 May 2024, col 791.

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Speaking for Labour, Lord Collins of Highbury said it was important the House “support[s]and speed[s] the bill through”. 42 He agreed that the “enhanced status” would strengthen theinfluence of the CPA. 43 On the ICRC, Lord Collins said it was “right” that other states had
granted the organisation privileges and immunities, and he argued that it was important thatthe bill contained provisions so the UK could do the same.
Concluding the second reading debate, the then minister of state at the Foreign,
Commonwealth and Development Office, Lord Ahmad of Wimbledon, reiterated the thengovernment’s support for the bill. He said the bill was an “important step forward” andreflected the government’s “strong commitment to the Commonwealth”. 44 He said the bill
also supported its “global humanitarian objectives through our work with the ICRC”.

42

HL Hansard, 17 May 2024, col 806.
HL Hansard, 17 May 2024, col 805.
44
HL Hansard, 17 May 2024, col 810.
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