4
Page 114 D. The Universal Postal Union Order in Council-July to October 1950
8. A draft Order in Council with regard to the privileges and immunities of the U.P.U. was placed before the House of Commons in July 1950. The necessary affirmative resolution was obtained despite opposition. This opposition was renewed in the House of Lords. The order was, therefore, withdrawn and in October 1950 a motion was adopted discharging the Order in the House of Commons.
9. In addition to general arguments against a further extension of the granting of privileges and immunities, the opposition was based on the ground that the U.P.U. had functioned without them satisfactorily for the last seventy-five years.
10. An answer to this argument is that as we have already granted privileges and immunities to six Specialised Agencies, it would be inconsistent not to do so in the case of the others. In fact it seems unjust that the fact that the U.P.U. has been carrying on efficient work in the past should bar it from receiving the privileges and immunities which we have granted to more recently founded organisations of a similar character. Moreover, Her Majesty's Government have, up to now, considered it their duty to accede to the Specialised Agencies Convention in respect of all Specialised Agencies not otherwise provided for, because it would be improper for Her Majesty's Government to enjoy the advantages of membership without granting to these Agencies the privileges and immunities which have been approved for them.
11. But since the U.P.U. is a Specialised Agency Her Majesty's Government cannot accede to the Convention in respect of it unless and until an Order in Council is made.
136
II. EFFECT OF ORDERS IN COUNCIL
A. Comparatively small effect in the United Kingdom of most Orders
12. Orders in Council conferring privileges and immunities on international organisations have in most cases little or no practical effect in the United Kingdom. It is only when the international organisation has its headquarters or carries out an important part of its activities in the United Kingdom that the Orders can have any appreciable effect.
B. Provisions of Privileges and Immunities Orders in Council
13. The main privileges and immunities which are granted to representatives and officials of international organisations when an Order in Council is made are briefly as follows. (They are always well below the maximum which is fixed by the International Organisations (Privileges and Immunities) Act and indeed below what by the common law of nations would be accorded to Delegates at international conferences held in the United Kingdom. See paragraph 14 below):--
(a) Representatives of Governments attending Meetings
(i) Immunity from legal process in respect of words spoken or written
or acts done in their capacity as representatives.
(ii) During the period when they are attending meetings as representatives. and the periods when they are travelling to meetings or going home from them, immunity from personal arrest or detention and from seizure of personal baggage and inviolability of papers and documents.
(iii) During the period of meetings and the journeys to and from them, similar exemption from taxes as is accorded to an envoy of a foreign sovereign Power.
(b) Officials of the Organisation. These fall into two classes: —
(i) High officials who in fact have the same position in all respects except
in regard to taxation as foreign Ambassadors.
(ii) Other officials who only receive—
(a) Immunity from legal process in respect of their official acts; (b) Immunity from taxation on their official salaries.
Page 114
Page 114