European Organization for Astronomical Research in the Southern Hemisphere (Immunities and Privileges) Order 2009

The order was laid before the House on 1 June 2009, together with an Explanatory Memorandum, as required for all affirmative statutory instruments. The draft order will confer the legal capacities of a body corporate and privileges and immunities upon the European Organisation for Astronomical Research in the Southern Hemisphere, also known as the European Southern Observatory. The 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 agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the European Southern Observatory concerning the accession to the convention establishing a European Organisation for Astronomical Research in the Southern Hemisphere and related terms and conditions, which was signed on behalf of the United Kingdom on 21 May 2002. The ESO convention obliges the United Kingdom to abide by the terms of the instruments of the ESO, including its multilateral protocol on privileges and immunities. The order implements those obligations in UK law. The ESO was created in 1962 and currently has 14 member states, the UK becoming a member in 2002. It is the pre-eminent intergovernmental science and technology organisation in ground-based astronomy. It carries out an ambitious programme focused on the design, construction and operation of powerful ground-based observing facilities for astronomy, to enable important scientific discoveries. The ESO employs about 700 staff members across the world. Its headquarters, comprising scientific, technical and admin divisions, are located in Garching, which is near Munich, in Germany; however, its observatories are located in Chile. The ESO operates three world-class observing sites in the Atacama desert region of Chile: La Silla, Paranal and Chajantor. Through the ESO, the UK is playing a critical role. The UK’s industry and research community is delivering key elements of the global project through provision of novel construction materials and the construction and testing of receivers and support systems. The UK is playing a significant role in the ESO’s development of the European extremely large telescope—E-ELT—a proposed 42-metre-diameter facility planned to be operational by 2018. UK companies have worked on the design of the dome for this and the polishing of the mirror segments, while universities and research institutions are intimately involved in the design of potential instruments. The ESO is funded through the contributions of member states—approximately €130 million, with the UK's contribution in 2008 about €24 million. In addition to access to the most advanced ground- based optical observatory in the world, UK membership of the ESO brings to the UK an industrial return which will form the basis for training a new generation of technologists in a wide range of disciplines contributing to the strength of the UK's research base. The industrial return amounted to €14 million in 2008, 25 per cent of all the contracts and second in scale only to Germany. The order, and a similar order to be passed by the Scottish Parliament covering devolved issues, will allow the United Kingdom Government to comply with their international obligations in giving full effect to the protocol on privileges and immunities for the European Organisation for Astronomical Research in the Southern Hemisphere. I am satisfied that the order is compatible with the European Convention of Human Rights. It is important and, I trust, non-controversial. I hope that it will receive the full support of the House.