A former Foreign Office minister who signed off an agreement which allowed the US government to assert diplomatic immunity on behalf of Anne Sacoolas has said it was "never intended" to be used in that way.
Sir Tony Baldry, who was a junior minister when the documents were drawn up in the 1990s, said he was "horrified" when the US administration suggested there was a "loophole" in the original agreement following Harry Dunn's death.
"I don't think it was ever intended, I'm quite sure, when the Foreign Office legal team thought out the agreements, or agreed to the agreements, that you are covered by diplomatic immunity when you weren't actually acting as a diplomat," he said.
Due to an "Exchange of Notes" crafted between the UK and the US in 1995, administrative and technical staff at a US military base are entitled to diplomatic immunity for actions performed in the course of their professional duties under the Vienna Convention.
The immunity was granted to those staff members on a condition of a pre-waiver for actions outside the course of their duties - but as spouses were not specifically mentioned in that part of the agreement, Sacoolas was deemed to be entitled to immunity, while her husband was not.
In July 2020, then-foreign secretary Dominic Raab said the UK and US agreed to close the loophole.
Giving his view on whether spouses of staff at RAF Croughton should have been allowed greater immunity than the staff themselves, Sir Tony said: "I don't think that was ever envisaged or intended.
"But, even if the US Embassy did conclude that she had diplomatic status, they could have waived that status."