International Organization for Migration (Immunities and Privileges) Order 2008

rose to move, That the Grand Committee do report to the House that it has considered the International Organization for Migration (Immunities and Privileges) Order 2008. The noble Lord said: The draft order will confer the legal capacities of a body corporate and privileges and immunities upon the International Organisation for Migration—the IOM. The draft order also confers privileges and immunities on representatives of the states parties, the director-general and officials of the organisation. These privileges and immunities are conferred in accordance with the co-operation agreement with the IOM which was signed on behalf of the United Kingdom on 6 July 2006. The co-operation agreement between the UK and the IOM is similar to other agreements entered into by the UK with other international organisations having their headquarters or other offices in the UK—for example the International Maritime Organisation, the Commonwealth Secretariat or the North East Atlantic Fisheries Commission. By conferring on the IOM the legal capacity of a body corporate, the order allows the IOM to have the legal capacity of a body corporate to assist with its day-to-day dealings in the UK—for example, to contract, acquire and dispose of immovable and moveable property and to institute legal proceedings. The privileges and immunities to be accorded to the IOM and specified categories of individuals connected with the organisation are similar to those routinely granted to this type of international organisation with offices in the UK. The provisions in the order have been closely scrutinised by the relevant departments, such as Her Majesty’s Revenue and Customs, and have been considered by the Joint Committee on Statutory Instruments and the Merits Committee of this House. The privileges and immunities to be accorded to the IOM are the minimum necessary to enable the organisation to function effectively in the UK. Noble Lords may have an interest in the extension of immunity from being sued and legal process to staff working for the IOM. I draw their attention to Article 10(1)(a) of the order, which limits the immunity for all IMO staff, except the Head of Office, to, "““acts done or omitted to be done in the course of the performance of official duties””." Article 11(1) of the co-operation agreement also states that the privileges and immunities provided for individuals, "““are granted solely to ensure the unimpeded functioning of the Organisation and the complete independence of the persons to whom they are accorded. They are not granted for the personal benefit of the individuals concerned””." Noble Lords will wish to be aware that the total number of IOM staff in the UK is currently 82. The order being considered today therefore does not provide a large increase in the number of individuals enjoying privileges and immunities in the UK, which is currently around 24,000. The order also exempts the IOM and its staff from certain taxes; for example, income tax. Again, this is a normal provision with such orders, as exemption from taxation is based on the principle that no member state of such an international organisation should derive undue fiscal benefit from the funds subscribed to the organisation by all its members. Taxation of the IOM, or its staff salaries, would run counter to that general principle. Managed migration remains a key priority for the Government at home and overseas. The global environment is challenging: there are 200 million migrants worldwide, and the number is increasing. Our task is to make migration work for Britain, creating borders that are open to those who bring skills, talent, business and creativity, yet closed to those who might cause us harm or seek to enter illegally. The IOM is headquartered in Geneva. It was founded in 1951 as an intergovernmental organisation to resettle European displaced persons, refugees and migrants. Its mission now is no less important than it was then—to ensure that those forced from their countries by the horror of war can be provided with immediate practical solutions, humanitarian assistance and resettlement or return. The IOM currently has 125 member states, with a further 16 states and 74 international and non-governmental organisations holding observer status. It has offices and operations on every continent, with 5,600 staff members serving in more than 400 field locations in more than 100 countries. It is dedicated to promoting humane and orderly migration in partnership with Governments and migrants. As a key partner for Governments and non-governmental organisations it helps support and facilitate return and reintegration arrangements, running suitably structured projects in priority countries. What does the IOM do for us? In close partnership with the FCO, the Department for International Development and the UK Border Agency, it makes a significant contribution to government objectives in supporting managed migration for the UK and in the wider international context. For example, it has been essential in developing and delivering the Government’s assisted voluntary return programmes. Since 1999, these programmes have enabled the return to their countries of origin of over 18,000 failed asylum seekers, and of over 2,600 illegal migrants since 2004. It has supported capacity-building in migration and border management for Ethiopian immigration authorities and recently assisted stranded migrants in Libya to return home to Ethiopia. The IOM delivers reintegration assistance in countries of origin for foreign national prisoners returning under the facilitated returns scheme. This UK Border Agency programme has returned over 2,000 foreign national prisoners since it was introduced in October 2006. The IOM is also a key partner in the delivery of the Gateway Protection Programme under which, working with the UNHCR, the UK Government accept and resettle refugees from camps abroad. It delivers the logistics of the programme, including medical screening, documentation and transportation. The organisation has also provided emergency assistance to vulnerable populations in Zimbabwe; information campaigns to prevent irregular migration in Afghanistan; enhanced border-control capacity in Cambodia; and emergency shelter and non-food item projects—such as clothing, bedding and household items and medical kit—in Burma in the wake of Cyclone Nargis. The IOM is funded through contributions from member states. We contributed around $55 million in 2007 for operational programmes and approximately £1.35 million as our assessed contribution to IOM’s core budget, which is its administrative budget. The order will allow the UK to comply with its international obligations in giving full effect to the privileges and immunities agreed in the co-operation agreement of which I spoke. This will enable the IOM to continue to develop its strong partnership with the UK. We are satisfied that the order is compatible with the rights contained in the European Convention on Human Rights, and I beg to move. Moved, That the Grand Committee do report to the House that it has considered the International Organization for Migration (Immunities and Privileges) Order 2008. 30th report from the Joint Committee on Statutory Instruments.—(Lord Bach.)