Darragh O'Brien (Dublin Fingal, Fianna Fail) | Oireachtas source

This Bill is of a technical nature, as the Minister has outlined, and Fianna Fáil will support it. I want to talk about certain aspects of it. Is imperative that as a country we ensure there is legal clarity in regard to our diplomatic missions and that we address any ambiguities that currently exist. State-to-state relations among nations, under the guise of diplomatic missions, are essential for the conduct of international relations, and I will return to that towards the end of my contribution. Diplomatic missions are essential for maintaining diplomacy, forging common bonds, achieving foreign policy goals, expanding political, economic, social and cultural ties and the strengthening of relationships between nations. This Bill is welcome as it will enhance the efficiency and transparency of arrangements with respect to the staff of diplomatic missions.

The Bill will make clear citizenship and immigration rules for foreign diplomatic staff, consular staff and their private staff by amending the Nationality and Citizenship Act 1956. Amending that Act, as the Minister mentioned, will address a gap in the existing legislation which was exposed in the case of Rodis and Tolentino v.the Minister for Justice and Equality in June 2016 in which the High Court determined that two members of staff of diplomatic missions were entitled to have their residence in the State deemed reckonable for the purposes of naturalisation. The court noted that a specific statutory exception would be necessary to provide otherwise. The Bill will close this loophole. It also makes it clear that the amendment will apply prospectively only and will not prejudice any period of residence that would have been deemed reckonable for naturalisation purposes prior to the passing of the present Act. Amending the Nationality and Citizenship Act 1956 in this manner should also reduce the State’s exposure to further litigation, which is to be welcomed.

Furthermore, the Bill will also provide greater protection for domestic workers in diplomatic missions and households by amending the Immigration Act 2004. While I acknowledge the Minister introduced guidelines regarding the employment of private domestic staff in missions in 2014, this amendment will permit service staff to be allowed to be accompanied by their immediate family members for the duration of their posting and exempting them from mainstream immigration controls. As a consequence of this amendment, the State will be honouring workers' right to a family life and will also ensure service staff in diplomatic missions have a family support network that will diminish their chances of being exposed to isolation, exploitation and abuse. This is particularly welcome following a small number of reported incidences, as documented in a paper by the Migrants Rights Centre of Ireland in 2011, of personal and domestic staff in diplomatic households being subject to abuse and exploitation.

I call on the Minister to make known to all missions in Ireland their legal obligations in regard to their private and domestic staff. It is imperative they are made aware of these changes and that we ensure all missions are fully compliant in this regard. The amendment to the Employment Permits Act 2003 to permit non-EU, EEA and Swiss family members of an EU, EEA or Swiss diplomat or other foreign government officials to engage in employment without an employment permit is also a welcome move as it aligns Ireland's position with the main EU member states' practice. While this Bill is not thought to have any cost implications, are there any implications for the issuing of diplomatic passports? Perhaps we could address that. The Minister in his response might also comment on the process in existing embassies and offices as to how diplomatic passports are actually granted for travel between countries.

As I said, this Bill is a technical one and my party and I support its passage through the House. It is important this Bill streamlines diplomatic relations, as the Minister outlined in his speech. While we are talking about diplomatic relations, will the Minister advise the House on how Ireland voted on the United Nations commission of the status of women? Did Ireland support Saudi Arabia in its ascension to that committee? I do not accept the responses that have come from the Minister's Department. The Dáil is entitled to know, and I am certain the Irish people are entitled to know.

I find it incredible that Saudi Arabia, with it track record on women's rights and equal rights should be sitting on a commission in the UN looking at the future status of women. I hope Ireland played no part in facilitating that position. The Minister mentioned it has been practice that these votes are not made public, which may be the reason why conspiracy theories abound about bodies like the United Nations. This is not a policy issue; it was a vote about the composition of a committee. The Minister, on behalf of Ireland, abstained in a UN vote on a commission of inquiry into Gaza and that was made public. I have been looking through UN documents and websites today and in particular, the 61st session on women's economic empowerment in the changing world of work. One can see all the contributions from the various countries. Why is it we in Ireland are not trusted with that information? It is fundamental. Does our Government, through the Minister, deem it appropriate that Saudi Arabia should sit on the United Nations Commission on the Status of Women? I do not. Is it a question of trade ahead of human rights? Is that the decision that was made? I have proposed a debate in the foreign affairs committee on the operation of voting at the UN and when it is appropriate for those to be made public. I am not being irresponsible about votes being kept private because of national security or other reasons like that. This is about a composition of a commission on human rights, effectively. How can people understand there is an issue in letting the Irish people know how our Government voted?

From reports, it appears five European states supported Saudi Arabia and were part of the 47 votes it received. Belgium was one of those five. The Belgian Prime Minister has already apologised and said it will not happen again. I want to know what our Government did. What did our officials do in the UN? Did they support Saudi Arabia in getting a position on the United Nations Commission on the Status of Women? We deserve that answer. While it is fine to pass technical legislation on improving diplomatic relations, I do not accept the statements that have come from the Department since early this morning that we have no right to know. We have a right to know. We live in a republic. We live in a modern democracy. While people can hide behind statements and say it is not normal diplomatic practice, people are very concerned about this. Did the Department believe this would just go away with a hope no one would notice? If Ireland did not support Saudi Arabia, the Minister should say so. He should answer people. I am suspicious of the fact the Minister will not give an answer. It leads me and many others to believe we supported the Saudis. If we did, it is reprehensible. It is akin to letting the fox into the hen house.

Any person in their right mind who looks at the track record of how women are treated in Saudi Arabia would find it disgusting that the Irish State would support Saudi Arabia in its endeavour to sit on a UN commission on the rights of women. They would find it reprehensible. If the Minister did, will he explain why he supported it? If he did not, he should tell us that. Perhaps there is a reason I cannot think of. Perhaps it is purely because of trade we can set aside our morals and human rights. I do not think we should. I hope the Minister will use the time in this debate to answer those questions. I have also tabled it at the foreign affairs committee. I want to use this opportunity and this Bill to put those points to the Minister. People deserve to know. They have a right to know. We do not live in Soviet Russia. The Minister can trust the people with the truth. He should tell the people and me, as an elected representative to the Dáil, what our Government and representatives at the United Nations did in that vote. How did they vote and why? We deserve to know that. I implore the Minister to stop hiding behind statements from Iveagh House and answer the questions. The Minister is answerable to the Dáil. He should answer those questions.

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