Brendan Howlin (Wexford, Labour)

I move amendment No. 61:

In page 47, line 29, to delete "a state party to the Statute" and substitute "the State or another state".

It appears that in amendment No. 63, the Minister of State is accepting the point I am making so I will not waste time discussing it. The section provides that any country which has signed up to the statute of the ICC cannot claim diplomatic or state immunity. However, this seems to acknowledge that any country which refuses to sign up to the statute can continue to claim such immunity. This would seem to be an inappropriate admission which would only benefit countries which seek to undermine the functioning of the ICC, to which this country is party and to which this legislation binds us and transposes into our domestic law. The general provision proposed by me changes this, while the Minister of State's amendment appears to do likewise. I hope he will confirm that this is the intention of amendment No. 63 and the consequential amendment No. 62.

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