Conor Lenihan (Dublin South West, Fianna Fail)

I thank Senators, particularly Senator Lydon, for their worthy contributions. I would welcome a submission on the Order of Malta, one of the organisations which acquired privileges and immunity under the diplomatic regime in place hundreds of years ago. Later, however, it was deemed necessary to discontinue the organisation's immunity, not because it did anything bad — it does fantastic work in its charitable projects, etc. — but because it was considered preferable at international level to extend immunities and privileges only to states and related organisations as distinct from organisations with no links to states. I would welcome a submission from the Senator outlining the reasons the Department should change the current position.

On Senator McDowell's point of giving statutory effect to an order, the Supreme Court in the recent case of Laurentiu v. the DPP in 2004 held that it is constitutionally permitted to provide by an Act that a statutory instrument already in force should have statutory effect as if it were an Act of the Oireachtas. Furthermore, it is not necessary to set out in detail the contents of such orders. The particular formulation used is on the basis of advice from parliamentary counsel and has been the subject of careful consideration.

On the general issue of diplomatic immunity the conferring of diplomatic immunities and privileges does not mean, for instance, that a foreign mission or embassy can absolve itself from compliance with the law. The Department of Foreign Affairs can be very active in this regard. From time to time cases arise in which the concept of immunity is pushed to its limits causing an understandable public outcry. My Department has made representations at official level to diplomatic representatives in Dublin when we felt the privilege was being abused. It is not a case that these entitlements can be automatically accessed once they are conferred.

Serious abuses of immunities would have an effect on the diplomatic relationship with the country concerned. The Department can make representations where a citizen feels disadvantaged by the exercise of a privilege or immunity conferred on a member of a foreign mission and it takes action when it believes inappropriate use is being made of privileges or immunities. While my experience in office is limited to the past 18 months, I was privy to discussions on these matters as a backbencher.