Key Facts

• The Bill provides delegated legislation-making powers for the CPA and ICRC.
• Neither organisation is an intergovernmental body but has unique constitutional arrangements.
• Clause 1 enables the CPA to conclude contracts, acquire/dispose of property, and institute/participate in legal proceedings.
• Clause 3 allows certification questions of fact relating to the status or privileges/immunities conferred on organisations.
• Clause 1 subsections (1) and (2) reflect the CPA's constitutional arrangements.
• Clause 3 enables the Government to treat CPA and ICRC comparably to an international organisation.
• Amendment 1 allows for protected ICRC information to be exempt from certain disclosure requirements.
• Clause 2 confers on the ICRC legal capacities similar to those of a body corporate.
• Amendments 1 and 2 protect confidential information provided by the ICRC from use in UK civil court proceedings.
• The ICRC’s confidentiality has been challenged some 20 times over the past 15 years in the UK.
• Amendments aim to require consultations with the Chair of the UK Branch and Secretary-General of the Commonwealth Parliamentary Association (CPA), and President and Director-General of the International Committee of the Red Cross (ICRC) before Orders in Council are finalized.
• Amendment 4 would mandate the Secretary of State to lay draft statutory instruments within fourteen days after the Act’s passing.
• The Bill will come into force on the day it receives Royal Assent.
• The FCDO has consulted both organisations throughout the legislative process.
• An Order in Council may contain provisions for different cases, persons, exceptions to privileges or immunities, and fiscal reliefs subject to conditions.
• Clause 5 ensures that definitions of ICRC are consistent with all relevant legislation across the UK.
• The Bill will come into force on the day it receives Royal Assent.