Noel Treacy (Galway East, Fianna Fail)

I sincerely thank all Deputies for their contributions to this debate. I have made careful note of what they have said. Many issues have been raised that are somewhat distanced from the remit of the Bill, such as the UN summit, Burma, Iran, the Council of Europe and the situation concerning illegal Irish immigrants in America. All of these issues have been raised in the past and can be raised again by way of parliamentary questions next week, as well as in the various committees. We will be only too delighted to deal with each of these issues and to respond to them in due course. It is important that today, however, we should focus on the Bill before us. The Bill is a technical amendment to the 1967 Act and is necessary to limit the discretion of the Government to make orders for the application of privileges and immunities.

A number of Members have raised the fact that no explanatory memorandum was circulated with the Bill, but there is no onus or requirement on the Government to do that. The legislation has evolved as a result of our experiences in the diplomatic field and following court decisions. There is a requirement to ensure that our laws are modernised, focused and applicable to the discretion needed by the Government in order to take its decisions. It is not normal for any Government to bring forward legislation that restricts it, but in this situation we are doing so because it is important at this time.

An explanatory memorandum is a tool to assist Members of the Oireachtas in their deliberations. Based on what has been said in the House today, I can give a guarantee that we will create an explanatory memorandum and have it circulated before Committee Stage. We circulated a background note through the Whip's office to all the parties two or more weeks ago. The note fully sets out and explains the elements of the amendment. We will ensure this is enhanced and incorporated in the explanatory memorandum.

The only kinds of immunities and privileges conferred by Government order have been of the nature of those found in the Vienna Convention. No abuse has arisen. This Bill has been produced merely to ensure the 1967 and 1976 Acts are in line with the best legislative practice as outlined recently by the Supreme Court.

A number of Deputies asked why this amending legislation is being introduced now and not earlier. Although the principles and policies test was first set down by the Supreme Court in the 1980 case of Cityview Press v. AnCO, it was only through developing jurisprudence which emerged over a number of years that the true significance of the judgment became known. There have been a number of important cases in recent years, including Laurentiu v. Minister for Justice in 1999 and Leontjava v. the Director of Public Prosecutions in 2004. It was considered prudent to await the Supreme Court ruling in the Leontjava case, which was delivered in June 2004, as this judgment further clarified the relevant issues. Now that these decisions have been reached it is possible for us to proceed with the legislation now.

Of the 191 members of the United Nations, 113 have diplomatic accreditation to Ireland with 54 based on the island of Ireland and 59 operating from the United Kingdom. This shows the respect for Ireland as a sovereign state and a small country playing a major role in diplomatic and foreign affairs throughout the world. It shows the desire throughout the modern world for accreditation to our country and the respect we have gained. This of major importance and enables us to have bilateral and multilateral relations with all these countries on many issues which ensures there is a consensual attitude on many issues that are of global concern in many of the fora in which Ireland is represented.

Some Deputies asked about the various organisations which enjoy certain immunities under Irish law. Some 37 organisations enjoy such immunity. Not all of these bodies have permanent offices in Ireland. The list of orders detailing these bodies is as follows: SI 216 of 1971, Council of Europe (Immunities of Persons Participating in Proceedings of European Commission and Court of Human Rights) Order 1971; SI 39 of 1972, INTELSTAT (Designation of Organisation and Immunities of Organisation and its Officers and Employees) Order 1972; SI 26 of 1972, International Atomic Energy Agency (Designation and Immunities) Order 1972; SI 178 of 1973, International Tin Council (Designation) Order 1973; SI 380 of 1974, International Cocoa Organisation (Designation) Order 1974; SI 141 of 1974, European University Institute (Designation of Organisation and its Officers and Servants) Order 1974; SI 79 of 1975, International Coffee Organisation (Designation) Order 1975; SI 324 of 1976, European Space Agency (Privileges and Immunities) Order 1976; SI 34 of 1976, APC-EPC Convention of Lomé (Privileges and Immunities) Order 1976; SI 329 of 1977, International Fund for Agricultural Development (Designation of Organisation) Order 1977; SI 275 of 1977, Financial Support Fund of the Organisation for Economic Co-operation and Development (Designation of Organisation) Order 1977; SI 291 of 1979, European Space Agency (Designation of Organisation) Order 1979; SI 339 of 1980, International Centre for Settlement of Investment Disputes (Designation and Immunities) Order 1980; SI 333 of 1980, Eurocontrol (Designation and Immunities) Order 1980; SI 321 of 1980, International Olive Oil Council (Designation and Immunities) Order 1980; SI 274 of 1980, International Natural Rubber Organisation (Designation) Order 1980; SI 105 of 1980, The Second ACP-EEC Convention of Lomé (Privileges and Immunities) Order 1980; SI 235 of 1982, Common Fund for Commodities (Designation of Organisation) Order 1982; SI 203 of 1982, Intercountry Project for Statistical Computing (Privileges and Immunities) Order 1982; SI 184 of 1983, International Jute Organisation (Designation) Order 1983; SI 276 of 1984, International Tropical Timber Organisation (Designation of Organisation) Order 1984; SI 114 of 1985, ACP-EEC Convention of Lomé (Privileges and Immunities) Order 1985; SI 394 of 1986, International Fund for Ireland (Designation and Immunities) Order 1986; SI 370 of 1986, International Centre for the Study of the Preservation and Restoration of Cultural Property (Designation of Organisation) Order 1986; SI 290 of 1986, EUMETSAT (European Organisation for the Exploitation of Meteorological Satellites) (Designation) Order 1986; SI 242 of 1986, International Organisation for International Carriage by Rail (OTIF) (Designation of Organisation) Order 1986; SI 125 of 1989, Multilateral Investment Guarantee Agency (Designation and Immunities) Order 1989; SI 116 of 1991, The Fourth ACP-EEC Convention of Lomé (Privileges and Immunities) Order 1991; SI 65 of 1991, European Bank for Reconstruction and Development (Designation and Immunities) Order 1991; SI 64 of 1991, Council of Europe (Privileges and Immunities) Order 1991; SI 186 of 1992, International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (Privileges and Immunities) Order 1992; SI 144 of 1992, Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency (Privileges and Immunities) Order 1992; SI 193 of 1993, European Telecommunications Satellite Organisation (EUTELSAT) (Designation and Immunities) Order 1993; SI 192 of 1993, European Organisation for the Exploitation of Meteorological Satellites (EUMETSAT) (Privileges and Immunities) Order 1993; SI 191 of 1993, INTELSTAT (Designation of Organisation and Immunities of Organisation and its Officers and Employees) (Amendment) Order 1993; SI 465 of 1994, General Agreement on Tariffs and Trade (Designation and Immunities) Order 1994; SI 329 of 1994, World Trade Organisation (Designation and Immunities) Order 1994; SI 186 of 1994, European Radio Communications Office (Privileges and Immunities) Order 1994; SI 392 of 1996, European Patent Organisation (Designation and Immunities) Order 1996; SI 459 of 1998, Diplomatic Relations and Immunities Acts 1967 and 1976, Organisation for the Prohibition of Chemical Weapons (Designation and Immunities) Order 1997; SI 393 of 1998, Council of Europe (Privileges and Immunities) Order 1998; SI 476 of 2002, International Organisation of Vine and Wine (Designation) Order 2002; SI 89 of 2002, The International Organisation for Migration (Designation) Order 2002; SI 82 of 2002, The ACP-EC Partnership Agreement of Cotonou (Privileges and Immunities) Order 2002; and SI 914 of 2004, ATHENA (Designation and Immunities) Order 2004.

Deputies can see from that list that there are individual organisations and also statutory instruments which were enhanced, renewed and changed as required as a result of subsequent decisions being taken either at an international convention or by those bodies in convention on a global basis. We had to reflect those decisions in our statutory instruments.

The reference to which bodies may benefit from privileges and immunities is contained in both the 1967 and 1976 Acts and is not amended by this Bill. The Bill also deals with the nature of immunities which may be granted. It clarifies and defines that which may be granted and strengthens the position, role and relevance of the decisions taken and to be taken by Government, as clearly laid down by law through Oireachtas Éireann. Today we are enhancing the role of the Oireachtas in containing and restricting the Government to the decisions which it takes under both the 1967 and 1976 Acts, which is an important decision.

A number of issues and questions were raised to which we can return on Committee Stage. Deputy Ó Snodaigh raised various military questions and I was interested in his attitude, particularly regarding the role of military attachés in particular missions in Ireland. As a sovereign state, this State cannot dictate to another sovereign state the capacity, qualifications or relevance of the people they place on their missions. Our job is to ensure that, based on the information we have, the international obligations which we must fulfil and the laws which govern this area, including the Vienna Convention, we take our decisions based on the requirement imposed and the desire of another sovereign state to have an accreditation to our country. Whoever countries decide to send, once they have made their decision and the criteria are met, the Government is obliged, after due relevant examination of both the individuals proposed and the accreditation required, to accept the decision.

All these people carry diplomatic passports and as all in this House know, a passport is a sacrosanct document, the most important document one can have next to one's birth certificate. Respect for passports, be they the ordinary passports of the citizens of any state, or diplomatic passports, is critically important for the mobility of all people and for their protection.

Deputy Durkan raised a question with regard to someone breaking the law in or outside a nightclub. This law of immunity would apply in such a situation unless the dispatching mission or country decided to waive the immunity. We are fortunate that never in the history of this State has any diplomat been granted immunity in this country as a result of being involved in a criminal activity elsewhere. We have a strong and unique record in that area. It shows the information, intelligence, focus and commitment which exists with regard to ensuring that we do our job to the highest standards of integrity and that the sovereign states which send their missions to us send us only diplomats of the highest quality.

I echo the tributes paid to our ambassadors and diplomats throughout the world. As many Members have noted in the debate, they do an outstanding job on behalf of our country. They do a unique job in that the Irish flag flutters high across the world. It is served by people of unique abilities and commitment and absolute dedication. As Members of this House and members of Government, we have been privileged to benefit from the wise counsel, total commitment and absolute integrity of these people who serve their country and its citizens.

They serve others as well, namely, those of the countries in which they are domiciled and those who find themselves in difficulty. One can recall the tsunami earlier this year. Our ambassador to Malaysia, Daniel Mulhall, came all the way from Kuala Lumpur, based himself in Phuket and discharged an outstanding service to the people of that troubled region at a difficult time. He not alone looked after the citizens of Ireland who were unfortunate victims but also looked after other citizens, from Europe and elsewhere, who required diplomatic services at that time. The delivery of that service has been acknowledged across Europe and the world.

Deputy Boyle is anxious that we extend our missions to different parts of the world. Obviously there is a cost involved. We must be very measured in what we do and very careful where we place our missions. We have now changed our focus to some extent. For a small country like Ireland, having very strong missions in different parts of the world, it is critical that we have good representation. Accordingly we are opening consular offices in different places, with quality people delivering a focused service in important areas to ensure we can continue to cover the world and supply the highest level of diplomatic cover possible, taking into account the resources required to do so. We thank all of our diplomats at every level for the services they give to our country day and night, seven days a week, year on year. We are very grateful.

This Bill will serve to address a technical concern regarding existing legislation which has arisen from recent case law. The Bill places a limitation on a legislative power which has been delegated to the Government so that existing legislation is in accordance with best legislative practice. In addition, this Bill will ensure that existing orders are on a firm basis. Both of these are important to the conduct of Ireland's international relations.

I look forward to this Bill being brought before the select committee in due course. I look forward to the contributions of members of the committee. All the questions raised today can be revisited there. We will circulate the explanatory memorandum to ensure that everyone is fully briefed on the requirements contained in the Bill so that we can continue to enhance the legislative programme which is critically important to the running of a modern nation in an important area of global activity.

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