Frank Fahey (Galway West, Fianna Fail)

Article 98 of the Rome Statute provides that the ICC may not proceed with the request for surrender. The amendment seeks to forbid recognition by Ireland of any amnesty, pardon or measure of impunity in regard to offences within the remit of the International Criminal Court. Section 61 of the Bill deals with immunity and provides that, in accordance with Article 27 of the Rome Statute, any diplomatic immunity or state immunity attaching to a person by reason of a connection with a state party to the Rome Statute is not a bar to proceedings under this Act in regard to the person.

The Attorney General has advised that by virtue of the terms of the Rome Statute, the curtailment on diplomatic or state immunity cannot apply to the person or property of a third state which is not party to the statute unless the ICC can first obtain the co-operation of that state for the waiver of the immunity. Therefore, I do not propose to accept the amendment.

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