Paul Bradford (Fine Gael)

I welcome the Minister of State to the House and assure him of my support, which was offered when the Bill was first debated some months ago in the other House. As the Minister of State noted, the Bill will insert into the guiding Act of 1967 a constitutionally required limitation on a legislative power which was delegated to the Government so that we can ensure that the granting of immunities is in accordance with best legislative practice.

I am advised that the Bill seeks to ensure, in a retrospective manner, that all orders issued under the existing legislation to extend these privileges will have statutory effect from the passing of this amendment Bill. Could the Minister of State advise how many orders have been passed under the current legislation since it was brought to the attention of the Government that all such orders did not have the full and necessary cover of the legislation? This is not a matter in which there should be any legal uncertainty. The Government must have the ability to use its discretion to extend diplomatic immunities and privileges in line with the Vienna Convention and not leave any such decisions or actions subsequently open to challenge or withdrawal due to a problem with our legislation.

In today's more globalised world, diplomatic arrangements are part and parcel of our consular services and are extended to those working in Ireland on behalf of other governments or organisations in the same way that they are extended to Irish people working abroad. The legal basis upon which these immunities and diplomatic privileges are extended must be absolutely clear. Therefore, this Bill, while brief, is important and must be passed at the earliest possible date.

I understand that this legislation was promised in the Government legislative programme for the past number of years. My party questioned the Taoiseach in 2003 about the bringing forward of the legislation, which was promised for 2004. Unfortunately, there was some overrun, as is often the case in the work of Government, so it was last autumn before the legislation was presented to the other House.

As the Minister of State indicated, the guiding document for the granting of the privileges dealt with in the Bill and which are part of modern diplomatic life is the Vienna Convention on Consular Relations, which was signed in 1963. This convention notes that the establishment of consular relations between States will take place by mutual consent, that a consular post may be established in the territory of the receiving State only with that State's consent and that the purpose of diplomatic privileges is not to benefit individuals but to ensure the efficient performance of functions by consular posts on behalf of their respective states. The convention also notes that consular relations, privileges and immunities contribute to the development of friendly relations among nations, irrespective of their differing constitutional and social systems. This principle is at the core of the convention.

Ireland's increasing role on the world stage has resulted in an expansion in our diplomatic links with other countries, both within and outside the EU. I am advised that we now have diplomatic relations with 157 governments. We are lucky that all of these governments did not wish to have a St. Patrick's Day parade or there would have been a trip for everyone in the House.

I am informed that the Department of Foreign Affairs has a network of 67 missions, including 49 embassies, six multilateral missions and 12 consulates general and other offices. This shows the scale of Ireland's growing and effective presence in the diplomatic field worldwide. We now have embassies in Latvia, Lithuania, Bulgaria and Romania and a resident mission in Malta, which opened last year. More than 300 civil servants from the Department of Foreign Affairs work on overseas missions and do an excellent job of presenting Ireland in a positive light and presenting its international policy on the world stage. They play a significant role in helping to attract enterprise and industry to Ireland, although this is not always their primary role. However, their selling and presentation of Ireland and Irish policies abroad plays a major role in selling the country.

As we extend our diplomatic network worldwide, we must always be vigilant and ensure that we extend it in a constructive and responsible fashion. The decision to open diplomatic relations with Burma, or Myanmar as it is now known, raises questions. I understand the Government indicated in 2004 that it would open diplomatic relations with Myanmar. There are matters relating to Myanmar which should be of concern to the Government and to us as parliamentarians, as would have been pointed out strongly at the time by those opposed to Ireland establishing official links with that country.

According to the head of the UN World Food Programme, one third of children in Myanmar are chronically malnourished, while the military junta which rules the country is responsible for an escalating humanitarian crisis. The pro-democracy leader, Aung San Suu Kyi, has been held under house arrest for many years and has also survived assassination attempts. Therefore, the decision by the Government to open diplomatic relations with Myanmar on a non-resident basis was considered very surprising.

The Irish ambassador in Kuala Lumpur in Malaysia is now accredited to the Myanmarese capital, Rangoon. At that time, Burma Action Ireland, which has contacted us on an individual basis and made presentations to the Oireachtas Joint Committee on Foreign Affairs and, possibly, to the Sub-Committee on Human Rights, described the decision to open diplomatic relations as a diplomatic coup for the military regime in Myanmar that would give much valued status to an illegitimate government. I am also informed that a former special adviser to the Taoiseach, Peter McDonagh, wrote an article in The Irish Times in 2004 which called for Ireland and the EU to stand against what he described as a very nasty regime in Myanmar.

When we decide to open diplomatic relations with countries, it is important we do so in a way that promotes the kind of standards of politics, democracy and government which we would like these countries to have. We must be very cautious in our dealings with countries like Myanmar and avoid giving them any degree of official recognition or developing any links with them. This is the only political point I wish to make.

I welcome the legislation before us. As the Minister of State noted, it is brief but it is more than a tidying up operation. It is legislation which is required to deal with matters in a retrospective fashion. I trust it will progress through the House in a speedy fashion and that it will be of benefit to our consular services worldwide.