Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I will now respond to Deputy Crowe's point about the alleged abuse of immunity. I thank the Deputy, and indeed Deputy O'Brien, for supporting this Bill. At all times, my departmental officials and I are determined to ensure privileges and immunities are not used as a cover for failing to comply with requirements under the Irish code of law. I referred earlier to the guidelines that have been introduced with the aim of minimising this abuse should it ever occur. I am very conscious of this issue. It is great that we have an opportunity to discuss it. If Deputies wish to highlight issues of a more detailed nature, I will be happy to engage with them on such issues on Committee Stage.

When Deputy Crowe spoke about the position of embassy workers in the context of our immigration laws, he made the point that they are excluded from citizenship. Exemption from immigration controls is required by international law, including the Vienna Convention, which is an important international convention. Citizenship remains a matter for each state to decide on individually. Ireland would share the view, which is common to many countries, that the spirit of the Vienna Convention envisages people coming to this State as employees of a foreign Government for a particular period of time and then returning to that country, or indeed moving on to another country if a further international assignment is made, which is what usually happens.

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In these circumstances, it is considered appropriate to exclude them from mainstream citizen arrangements, just as they are exempt from immigration controls, one being something of a logical corollary of the other. In effect, employees of foreign governments are deemed to be their responsibility. In that regard, it is worth noting that Irish citizenship legislation which comes within the responsibility of the Tánaiste and Minister for Justice and Equality makes provision for Irish public servants serving abroad to ensure their children, spouses or civil partners are effectively deemed to be present in Ireland so as to be able to benefit from Irish citizenship and Irish naturalisation rules. These are issues of a technical nature which we will have an opportunity to discuss in greater detail on Committee Stage. I welcome Deputy Seán Crowe's comments on the need for clarity on this issue and to ensure that what we enshrine in legislation will conform to best practice for everybody involved.

Deputy Seán Crowe also made a further point on whether staff of diplomatic missions should be given the option of remaining in the State long term through an arrangement involving, for example, a work permit. Excluding mission staff from mainstream immigration citizenship arrangements has been long-standing, not only in terms of practice but also policy. It also reflects common international practice. It is considered that such a policy is consistent with the spirit of the Vienna Convention, whereby individuals are typically posted to a mission for a specific period. I understand, however, that there have been instances where former staff of diplomatic missions have been permitted to remain in the State on humanitarian grounds following the completion of their posting. Again, if there is a specific example or an issue on which the House considers an improvement could be made, I will be happy to consider it on Committee Stage.

I thank Deputies for their contributions and commend the Bill to the House.

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