Noel Treacy (Galway East, Fianna Fail)

I move: "That the Bill be now read a Second Time."

Ba mhaith liom an Ceann Comhairle agus na Teachtaí uilig a fháiltiú ar ais go dtí an téarma nua Dála. Is onóir mhór dom an seans seo a bheith agam an Bille simplí seo a chur faoi bhráid na Dála.

This Bill will amend a previous Act of the Oireachtas, which has been amended once before, and is of a technical nature. I will first provide the House with a brief description of the current law on international immunities. I will then explain the reason which gives rise to this Bill and set out its provisions.

In 1967, Ireland ratified the Vienna Convention on Diplomatic Relations of 1961 and the Vienna Convention on Consular Relations of 1963. These two international treaties were adopted to codify what is perhaps one of the oldest and most accepted fields of international law, namely, the formal relations between states and their official representatives. As is stated in the preamble to the Vienna Convention on Diplomatic Relations, peoples of all nations from ancient times have recognised the status of diplomatic agents.

The two Vienna conventions recognise the functional necessity of diplomatic and consular privileges and immunities for the peaceful and efficient conduct of international relations. Effect was given to Ireland's obligations under these conventions by the Diplomatic Relations and Immunities Act 1967. This Act gives effect in Irish law to the two Vienna conventions. The Act also confers certain privileges and immunities on the United Nations and specialised agencies of the United Nations, the Council of Europe, the Organisation for Economic Co-Operation and Development and the Customs Co-Operation Council.

Part VIII of the 1967 Act permits the Government, by order, to designate an international organisation or body of which the State or Government is or intends to become a member to be an organisation to which Part VIII shall apply. Under section 40 of the Act the Government may, by order, confer on such a designated body and its officials inviolability and exemptions, facilities and immunities, privileges and rights.

In addition to section 40, section 43 of the 1967 Act permits a Government order to confer immunities and privileges on international judicial bodies or semi-judicial bodies established under an agreement to which the State or Government is or intends to become a party.

The Diplomatic Relations and Immunities (Amendment) Act 1976 expanded Part VIII of the 1967 Act by the insertion of section 42A. This section allows immunities and privileges to be conferred on international organisations and bodies in accordance with international agreements to which the State or Government is or intends to become a party. In other words, it is not necessary that the State or Government is itself a member of the international organisation or body. It suffices that the State or Government is or intends to become a party to the international agreement which confers immunities on the organisation or body.

As was common drafting practice at the time, Part VIII permits the Government to confer, by order, privileges and immunities in broad terms. The power to confer privileges and immunities is not expressly stated to be limited to matters such as those covered by the Vienna Convention on Diplomatic Relations of 1961. However, subsequent jurisprudence on separation of powers and consequent changes in drafting practice indicate that the discretion of the Government should be formally limited so as to limit its power to make such orders to the types of privileges and immunity conferred in the 1961 Vienna Convention. The privileges and immunities conferred by orders made under Part VIII are so limited.

This Bill will only amend Part VIII of the 1967 Act, as amended in 1976, and is solely concerned with the absence of any express limitation on the nature of immunities and privileges a Government order may confer on international bodies and organisations. This Bill will in no way alter the substance of Ireland's commitments to our obligations regarding international privileges and immunities. It will simply insert into the 1967 Act a clear statement of principles and policies which will serve as a limitation on the exercise of delegated legislative power by the Government.

The Bill will limit the delegated legislative power, conferred by Part VIII of the 1967 Act, by providing that the Government may, by order, only confer those inviolabilities, exemptions, facilities, immunities, privileges and rights which are conferred upon or afforded in regard to sending states or missions under the Vienna Convention on Diplomatic Relations. The types of immunities and privileges afforded by the Vienna Convention are as follows: the inviolability of the premises of an embassy of a foreign country or an international organisation; the freedom of the premises in question from taxation; the inviolability of archives and official documents; the inviolability of the person of the diplomatic or official officers of the foreign state or international organisation; freedom of communication; immunity from social security provisions; immunity from civil and criminal jurisdiction, subject to certain exemptions; and immunity from customs duties.

Section 3 of this Bill will insert this limitation into section 40 of the 1967 Act. Section 4 of this Bill will insert this limitation into section 42A and section 5 of this Bill will insert this limitation into section 43. Section 6 of this Bill will provide that every Government order, made under Part VIII of the 1967 Act and enforced immediately before the passing of this Bill, shall have the same statutory effect as if it were an Act of the Oireachtas. To date 45 orders have been made under Part VIII regarding 37 different international organisations or bodies. Some 29 of these orders confer privileges and immunities while 16 merely designated a body or organisation under Part VIII.

Some 25 of the orders relate to international agreements to which the State or Government is or intends to become a party, as provided for in section 42(a). A figure of 19 orders relate to an international organisation or body to which the State or Government is or intends to become a party, as provided for by section 40. One order relates to an international judicial body as provided for by section 43. The privileges and immunities conferred by these orders are of the nature of immunities and privileges afforded regarding the Vienna Convention on Diplomatic Relations as I have just outlined.

This Bill will do no more than insert into the 1967 Act a constitutionally required limitation on a legislative power that has been delegated to the Government. Diplomatic immunities are essential to the effective conduct of international relations and to the work of a wide range of international bodies. It is very important that the granting of immunities to such bodies, often in pursuance of Ireland's international obligations, be in accordance with best legislative practice. I commend this Bill to the House.

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