John Minihan (Progressive Democrats)

I welcome the Minister of State and his officials. I understand this is a technical Bill. Rather than an instrument of national or Government policy, the Bill inserts a constitutionally required limitation into the Diplomatic Relations and Immunities Act 1967, a limitation on legislative power as delegated to Government. Nevertheless, the subject of the Bill, namely, diplomatic immunity, is a critical one. It allows for the affairs of international governance and trade to operate and it facilitates many other actions and transactions we may take for granted in our modern, globalised world. However, its importance and foundations date back much further in our history.

The preamble to the Vienna Convention on Diplomatic Relations mentioned by previous speakers refers to the recognition by peoples of all nations from ancient times of the status of diplomatic agents. As a concept, immunity first emerged among groups and tribes in ancient times. Messengers were often allowed to travel from village to village without fear of harm in order to exchange information, even when they brought news of war. What must be understood is that although diplomatic immunity is in place today to protect individuals, as it was in those ancient times, it is not meant to benefit individuals personally. Rather, it is intended to ensure diplomats and officials can do their jobs. There is a tendency to almost automatically consider the immunity of foreign diplomats and officials working on our soil but, as with much international law, the operation of diplomatic immunity is based on reciprocal arrangements.

Under this process, diplomats assigned to any country in the world benefit equally from diplomatic immunity. This includes the many dedicated Irish men and women working on affairs of state on our behalf remember in countries across the world. Ireland has diplomatic relations with 157 governments and has a network of 67 missions abroad, including 49 embassies, six multilateral missions and 12 consulates general and other offices.

Ireland pursues its foreign policy in accordance with the ideals enshrined in the Constitution and in conformity with the principles of the United Nations Charter through the development of our bilateral relations with other states. Bilateral relations necessitate diplomatic relations. We further pursue our foreign policy goals via active and principled participation in international organisations. Again, this necessitates diplomatic relations.

Returning to the concept of reciprocal arrangements and the Bill, more than 160 nations are party to the treaties on diplomatic immunity. These are the 1961 Vienna Convention on Diplomatic Relations and the 1963 Vienna Convention on Consular Relations. These codify modern diplomatic and consular practices, including diplomatic immunity, and Ireland ratified them in 1967. They provide the necessary immunity to persons according to their rank in a diplomatic mission or consular post and according to the need for immunity in performing their duties.

This second element, namely, the immunity needed to perform duties, is an important one. As I stated, diplomatic immunity is in place to protect individuals and not to benefit them personally. Many of the contentious cases cited in international law are based on whether immunity should apply. Senator Mooney mentioned the Tehran experience. Another example which springs to mind is the Libyan Embassy. Policewoman Yvonne Fletcher was fatally shot while on duty at a demonstration outside the Libyan Embassy in London in 1984. Such is the status of diplomatic immunity in realpolitik that no attempt was made to enter the Libyan Embassy or to withdraw its diplomatic protection, even in defence of citizens.

The two Vienna conventions reflect this functional necessity of diplomatic privilege and immunity for the efficient conduct of international relations. In the main, diplomatic privilege and immunity have been necessary and practical in facilitating relations between states. It is worth mentioning that no member of the United Nations has yet proposed rescinding or re-writing the conventions, notwithstanding the often high profile cases to which they can lead. Effect is given to our obligations under these conventions by the Diplomatic Relations and Immunities Act 1967 which this Bill seeks to amend.

It is critical that the Government's granting of immunities, often in pursuance of Ireland's international obligations, be in accordance with best legislative practice. Thus it is necessary to limit the discretion of the Government to make orders for the application of privileges and immunities. It is striking that the Government would bring forward legislation which actually restricts it. In this case, however, best legislative practice requires that delegations of legislative power be limited. There must be a clear statement of the principles and policies to be followed in the exercise of that power.

This legislation inserts the necessary limitation into the 1967 legislation. Part VIII of the Act, as amended, will limit the privileges and immunities conferred in relation to the 1961 Vienna Convention on Diplomatic Relations which may be conferred by Government order. The Bill will do more than what is constitutionally required and limit the legislative power which has been delegated to the Government. It is a product of our experience in international diplomacy and decisions in the courts.

On Second Stage in the other House, this Bill became the context for discussion of a host of issues, including the UN, Iran, the Council of Europe, even the undocumented Irish in the US. I commend the Minister of State for guiding the debate on this legislation and for the publication and circulation of a specific explanatory memorandum in response to requests. There may be no onus or requirement on the Government to do so but it was, nonetheless, welcome.

These are the words of then Minister for External Affairs, Frank Aiken, in this House in 1967 when the original Act was debated:

The purpose of granting immunities to diplomats and consuls is to ensure that they are independent in the performance of their functions. The full range of immunities may sometimes be indispensable to diplomats to enable them to exercise their duties in the State in which they are accredited. The immunities which we make available to foreign diplomats and consuls in Ireland are the same as our own diplomats and consuls receive in other countries when representing Ireland abroad.

Garret FitzGerald replied that he was "struck by the time it has taken to implement some of the provisions". Diplomatic immunity and privilege are as indispensable today to diplomats to enable them to exercise their duties as they were when the Minister spoke in 1967, perhaps more so. Our world is shrinking all the time as globalisation proceeds. We have benefited immeasurably from EU membership, international co-operation and open trade. Ireland's diplomatic and consular missions are an important, and often overlooked, part of that successful process. They deepen Ireland's relations with host governments and advance our international priorities and objectives, promote Ireland and disseminate information on Ireland abroad.

The two Vienna conventions reflect the importance of diplomatic privilege and immunity for the efficient conduct of international relations, and Ireland's obligations under these conventions are set out in the 1967 Act. The granting of immunities, in pursuance of these international obligations, must be in accordance with best legislative practice. In this light, Iwelcome today's Bill.