Meeting of the Parliament 26 April 2017
The draft International Organisations (Immunities and Privileges) (Scotland) Amendment Order 2017 amends various legal immunities and privileges in connection with the European Organisation for Astronomical Research in the Southern Hemisphere, otherwise known as the European Southern Observatory or ESO.
The ESO is developing a giant telescope which is in an advanced stage of design by astronomers and industry across Europe, led by the ESO. To enable the organisation to fulfil its purposes and carry out its functions, certain privileges and immunities apply by virtue of a protocol to the convention that was signed in 1974. The conferral of immunities and privileges on officers of the organisation is in effect a condition of membership. As part of the UK’s membership of the ESO, the agreement has to be effective throughout the UK. That includes the privileges and immunities, some of which relate to devolved matters in Scotland.
There are indeed, as Mr Finnie referred to, 20 full-time equivalent posts at the Royal Observatory in Edinburgh—in fact, in total there are around 40 to 50 staff who potentially may be entitled to privileges and immunities because of their work for the ESO.
I know that John Finnie has concerns about the privileges and immunities in relation to civil and criminal law that are accorded to international organisations generally as far as their operations in Scotland are concerned, and I will be answering a written question from him on that subject. However, I fear that he may have slightly misunderstood the legal position of officials who are engaged in work for international organisations in Scotland.
Such officials will usually be entitled to immunity from legal action, whether criminal or civil, but such immunities apply only when the relevant officials are engaged in their functions for the international organisation—and that within the limits of their authority. For example, those officials will be exempt from direct taxes but only in respect of the work that they do for the international organisation.