My Lords, this order will allow the European Space Agency’s senior officials to fulfil their roles in the UK by bringing the headquarters agreement the UK signed with the agency in 2013 into domestic law. It will enable the smooth operations of the agency’s facility at the Harwell Science and Innovation Campus in Oxfordshire. It will also foster closer collaboration between the agency and the UK Government and support the development of the space industry, stimulated by the facility at Harwell. The order was laid in draft before Parliament on 18 December, in accordance with the International Organisations Act 1968. It is subject to the affirmative procedure and will be made once it is approved by both Houses.
The purpose of this order is to amend the European Space Agency (Immunities and Privileges) Order 1978. This will be achieved through an amendment to the 2018 order, which sought to amend the 1978 order but did so incorrectly. I apologise to the Committee for that mistake and, indeed, the delay, which, although exceptional, in the sense that it was not something we would expect to happen, is nevertheless unacceptable. This order has been subject to multiple reviews internally and was discussed with the counsel to the Joint Committee on Statutory Instruments before it was cleared and laid.
The order amends the 2018 order clearly and coherently, and in doing so creates a stand-alone article for the head of the Harwell centre and high-ranking staff in the 1978 order. In doing so, it will correctly reflect the privileges and immunities set out in the 2013 headquarters agreement. This agreement provides for the establishment and operation of a facility by the agency at Harwell.
To be clear, the 2018 order failed to correctly provide the agency’s head of the Harwell centre and up to seven high-ranking staff with the
“immunity from suit and legal process”
and the “inviolability” of their residences in the UK under the International Organisations Act, thus failing to correctly implement the terms of the headquarters agreement into UK domestic law. Because of these errors, neither the headquarters agreement nor the 2018 order were brought into force. In practice, this means that the head of the Harwell centre and the seven high-ranking staff members were underprotected. Their privileges and immunities were equivalent to the functional immunities provided to European Space Agency officials under Article 16 of the 1978 order. I assure noble Lords that no negative consequences have been identified as a result.
This order corrects those omissions and affords the head of the Harwell centre and up to seven high-ranking staff members the same privileges and immunities which a head of a diplomatic mission and diplomatic agents of a diplomatic mission established in the UK are entitled to. This change is a prerequisite for the 2013 headquarters agreement to enter into force. Additionally, the 1978 order has been amended also to
include an exemption from the legal suit and process immunity in the case of a motor traffic offence or damage caused by a motor vehicle.
The Government consider these privileges and immunities both necessary and appropriate to deliver on the interests and commitments that the UK has towards the agency. The privileges and immunities conferred enable its head and high-ranking staff to operate effectively in the UK. They are within the scope of the International Organisations Act and in line with UK precedents.
The agency’s other officials are subject only to official act immunities. By making this amendment, the other provisions of the 2018 order can also be brought into force. These cover entry into the UK, and customs provisions and immunity from legal processes within the scope of official activities. Importantly, the provisions also cover the inviolability of official documents and correspondence; the inviolability of the agency’s premises; statutory meetings; foreign currency exchange; functional immunity for officials; and an immunity waiver.
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To conclude, the support for the agency’s facility in Harwell ensured through this order is a unique opportunity to showcase UK leadership in the space industry on a global stage. Through the agency, the UK can continue to undertake missions which no European nation alone can deliver, facilitating scientific collaborations with international partners that raise the profile of the UK’s science, technology and inspirational achievements in space.
The agency’s growth in Harwell is more important than ever when we consider how our reliance on space missions and technology has evolved in recent years. Global telecommunications, cutting edge technologies, and the way that space exploration can inspire young people to study STEM disciplines, mean that we need to foster close relationships with domestic and international space communities. The European Space Agency is key to that work, and I assure noble Lords that the UK remains committed to the organisation as it develops its headquarters in the UK. I commend the order to the Committee.