Official Report 810KB pdf
International Organisations (Immunities and Privileges) (Scotland) Amendment Order 2025 [Draft]
Good morning, and welcome to the third meeting in 2025 of the Criminal Justice Committee. We have no apologies this morning.
Our first item of business is an oral evidence-taking session on an affirmative Scottish statutory instrument. We are joined by the Cabinet Secretary for Justice and Home Affairs, Angela Constance, and Scottish Government officials Susan Black, who is a senior policy officer in the civil law and legal systems division, and Emma Thomson, who is a solicitor in the legal directorate. I welcome you all to the meeting.
I refer members to paper 1. I intend to allow up to 15 minutes for this evidence session. I invite the cabinet secretary to make some opening remarks on the instrument.
Good morning. The draft International Organisations (Immunities and Privileges) (Scotland) Amendment Order 2025 is an order in council made by His Majesty under powers in the International Organisations Act 1968. The nature of the reserved/devolved divide means that, where privileges and immunities relate to devolved matters in Scotland, the function of advising His Majesty in relation to the order is devolved. As such, the order deals only with matters that are within the legislative competence of the Scottish Parliament.
The purpose of the order is primarily to ensure that the relevant privileges and immunities are in place for two international organisations: the European Forest Institute and the Global Combat Air Programme International Government Organisation, which is otherwise known as GIGO.
Committee members might recall that we committed to correct a drafting error in the previous immunities and privileges order, and the order fulfils that commitment, too.
To assist the committee, I will say a little more about the background to the order. The European Forest Institute—EFI—and the United Kingdom Government have signed a host country agreement to formally establish an EFI office in London, which requires certain privileges and immunities to function and operate effectively. The EFI is an international organisation that was set up to conduct research and provide policy advice on forest-related issues.
The global combat air programme—GCAP—is a multinational initiative that is led by the UK, Japan and Italy to jointly develop next-generation fighter aircraft by 2035. GIGO will function as the executive body of GCAP, with the legal capacity to place contracts with industrial partners. Defence manufacturing in Scotland is fundamental to our national engineering and manufacturing sector, and the global combat air programme is an important opportunity for Scotland that will drive future investment. The order in council forms part of the secondary legislation that is needed to establish GIGO.
As is common in recent privileges and immunities orders, the order provides for exceptions to immunity in respect of road traffic offences and accidents. Approving the order will correct a historical error and, importantly, ensure that we are able to meet our international obligations. As a good global citizen, it is the responsibility of the Scottish Government to bring the order to the Parliament for consideration. I commend it to the committee.
As members have no questions, we will move to our second item of business, which is consideration of the motion to recommend approval of the draft affirmative SSI on which we have just taken oral evidence.
Motion moved,
That the Criminal Justice Committee recommends that the International Organisations (Immunities and Privileges) (Scotland) Amendment Order 2025 [draft] be approved.—[Angela Constance]
Motion agreed to.
Are members content to delegate responsibility to me and the clerks to approve a short factual report to the Parliament on the affirmative instrument?
Members indicated agreement.
The report will be published shortly.
Sexual Offences Act 2003 (Prescribed Police Stations) (Scotland) Amendment (No 2) Regulations 2024 (SSI 2024/377)
Our third item of business is consideration of a negative instrument. As members do not wish to make any recommendations in relation to the negative instrument, are we content with it?
Members indicated agreement.
I thank the cabinet secretary and her officials for joining us. I suspend the meeting for a few minutes to allow for a changeover of witnesses.
09:36 Meeting suspended.