My Lords, I thank the Minister for his contribution and his apology, which I too think was well meant. We fully understand the reasons for it. I normally congratulate the Minister on his longevity in post. Of course, this is only the second time he has addressed this statutory instrument; I have had the fortune to address it three times. It is quite a horrendous story that an important protection that we are required to give under international conventions has been so difficult to implement. I ran into the noble Baroness, Lady Goldie, last night; she introduced the original SI, and when she responded the first time it was presented she said that the road had been a difficult one, full of potholes and a lot of stumbling. I think that is true.
The Secondary Legislation Scrutiny Committee said:
“Although that 2018 version was made … it still did not implement all the immunities correctly … the treaty has not been ratified. FCDO told us that the error was identified in mid-2018 but its correction was delayed by the requirement to prioritise other legislation for Brexit, COVID-19, and then sanctions connected with the conflict in the Ukraine. Although FCDO says that there has been no actual detriment to the seven individuals involved, this unfortunate series of events casts doubt on FCDO’s competence in drafting effective legislation.”
I hear what the Minister said about double-checking that, but we need a very clear response from him about the impact this may have. As the Explanatory Memorandum says, the siting of this headquarters and bringing it into the UK has a positive economic effect. It is something that we should be encouraging more of, so when we make this sort of mistake it has an impact, as the Secondary Legislation Scrutiny Committee specified, and we need to address it.
The Explanatory Memorandum says that the presence at Harwell
“is attracting businesses and research organisations to locate near to the cluster to enable them to easily access facilities, services and funding that the cluster offers”.
That is a good thing, and it really is a shame that we have not been able to properly implement those protections for the leadership of that cluster. What is the estimated economic benefit of this facility? How much have we been able to attract in locally to benefit that community?
The Secondary Legislation Scrutiny Committee received assurances from the department that there has been no detriment to the individuals. I find that difficult to understand, but anyway, that is what it says. However, the Explanatory Note says:
“An Impact Assessment has not been prepared for this Order as no, or no significant, impact is foreseen on the private, voluntary or public sectors in the United Kingdom”.
Here we have an organisation whose leadership has been impacted by this. Have they suffered a detriment? The Secondary Legislation Scrutiny Committee said there has been no detriment, but we need to have an assurance that some form of assessment was conducted about the potential impacts on the individuals, the organisation and, as the committee said, on our reputation of being able to facilitate these sorts of arrangements under international conventions.
Obviously, I read the debate on the SI in the other place. My honourable friend Stephen Doughty made it clear that we welcome this statutory instrument, its provisions and the facility in Harwell, so I do not want to pour scorn on this. It is a positive move and a good thing. The Minister said that the Government are taking action to ensure this does not happen again, but there must be some sort of reputational damage to us, particularly if we are to try to be a centre and to bring other international organisations into the United Kingdom. I apologise for being a little bit negative about this, but I accept that the Minister has given an apology and that we are putting something right. That is the most important thing.