Dáil debates
Thursday, 29 September 2005
Diplomatic Relations and Immunities (Amendment) Bill 2005: Second Stage.
2:00 pm
Bernard Durkan (Kildare North, Fine Gael)
Will the Minister of State give some indication of the purpose of the Bill? There is no explanatory memorandum and I am uncertain of its function and context. In dealing with any legislation, it is important that Members should have some type of briefing as to its impact and the reasons for its introduction. Have there been abuses of the system whereby, for example, diplomatic immunity was retrospectively and improperly applied? I am conscious of the emphasis on security in today's society and speculate the legislation may have emerged in that context. However, I do not know for sure.
The Minister of State outlined the specific areas for which immunity is provided under Part VIII of the Diplomatic Relations and Immunities Act 1967. This legislation states 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. Internationally, it is of critical importance that in all democracies — and all non-democracies, because that is the way diplomatic relations operate — the rights and privileges of diplomats are recognised and fully afforded. Situations have arisen where personnel who were not covered by diplomatic immunity had to have such privileges extended to them in order to ensure their safety and so on. We are increasingly likely to have some involvement in volatile situations on a worldwide basis because we have more embassies and diplomatic missions now than was the case heretofore. As our diplomatic reach expands, greater responsibilities will be thrust upon us. What will be the effect of the Bill in this context?
Members of the diplomatic service have particular privileges in regard to the transmission of documents, an activity in which they are usually engaged on a daily basis. Does this legislation impinge on the free transmission of documents?
The Minister of State referred to the types of immunities and privileges afforded by the Vienna Convention. I notice there is a typographical error in the document he circulated with reference to the inviolability of the premises of an embassy of a "foreign county". I hope the Minister of State does not refer to a neighbouring county.
No comments