Joe O'Reilly (Fine Gael) | Oireachtas source

I welcome the Minister of State, Deputy Cannon, to the House and commend him on his proactive endeavours since embarking on this Ministry. I wish him well.

The Bill will update existing law on diplomatic relations. Its amendments will allow Ireland to be more in line with standard practice in contemporary international relations by enhancing the efficiency of procedures for the operation of Ireland's diplomatic relations. It is essential to ensure that there is legal clarity instead of the ambiguities that currently exist. In that respect, the Bill will clarify arrangements with respect to the staff of diplomatic missions and international organisations serving in the State. International relations are a matter of importance, especially since the withdrawal of the United Kingdom from the European Union. Indeed, the last item on our agenda relates to our bid for the banking headquarters. Therefore, we must consider all the benefits the Bill will provide. It will improve protection for domestic workers of consular and diplomatic missions as well as the household and will clarify citizenship and immigration rules regarding members of staff of a diplomatic mission and their family. The legislation is technical but it will lead to a positive development by aligning Ireland's position with the practices of the main EU member states concerning the status of members of diplomatic staff and consular staff appointed by foreign governments. It is important that we are properly aligned in terms of our standing and good relations.

The Bill removes the requirement for Government approval for Irish citizens to be appointed to international organisations serving in Ireland, which is too cumbersome at the moment. The Bill, therefore, repeals section 49 of the Diplomatic Relations and Immunities Act 1967. Section 49 provides that Government consent should be obtained before an Irish citizen can be appointed to serve in the State with an international organisation covered by the Act. A provision of this nature is not in line with standard practice in contemporary international relations and its repeal is therefore appropriate. It is inappropriate, too restrictive and should not exist. There is no reason Irish citizens should not apply for these jobs and get them without getting specific approval in each instance.

The Bill revises the statutory provisions enabling the making of a Government order affording privileges and immunity. Under the powers set out in Part VIII of the 1967 Act, the Government may make orders extending privileges and immunities to an organisation, body or individual. Such a procedure is considered desirable in order to extend privileges and immunities, as required, to give effect to the State's international obligations and to do so expeditiously and without the need for primary legislation. In 2006, amendments were introduced to clarify the parameters within which the Government could make an order but, in practice, the amendment has given rise to some operational difficulties. They are being sorted out in the Bill with the parameters being adjusted.One example of a body that will be affected is the International Committee of the Red Cross. One would expect the Government to enter into a status arrangement in the near future with the ICRC which would include provisions on privileges and immunities.

The third major aspect to the Bill is that it provides that a period of residence in the State as a member of staff of a diplomatic mission or as a family member of such a member of staff is not reckonable for the purposes of naturalisation as an Irish citizen, and clarifies the rules concerning entitlement to citizenship by birth and to children born to staff of diplomatic missions. As the Minister of State has said, this provision was made necessary by a legal case. It is because of this court case that we need a statutory provision that the time spent on a diplomatic mission does not automatically provide for citizenship. This is how it should be and this is an important tidying-up of the law in this area.

The Bill clarifies the immigration status of the staff of diplomatic missions, including family members, and strengthens the safeguards for the protection of domestic workers in foreign missions and diplomatic households. The Minister of State has outlined the relevance of this in certain sad instances. This Bill also allows domestic and other staff to bring family members over and have them resident here, which is an important and civilised provision. It permits certain family members of foreign government employees to access the labour market in the State while retaining their status under the Vienna Convention on Diplomatic Relations 1961. This means, in other words, that the family members of diplomats and their staff could work in this country and this, again, is a reasonable proposition. This Bill is technical to a degree but it will nevertheless have a real impact on the staff of diplomatic embassies in this country and on the status of diplomats and their households. It regularises the law on this and deals with the recent court case by stating that time spent working in an embassy is not reckonable for achieving citizenship, placing this instead under a different status.

This is all very worthwhile and important. As this is a Second Stage debate I would just like to remark that all of our diplomatic relations are important, as has been very much pointed up by the Brexit issue. We should be very proud both of our diplomatic staff internationally and of our Department of Foreign Affairs and Trade staff here at home. We have achieved so much in creating a consciousness and an awareness of, and support for, the Irish position right across Europe. I have the privilege of representing Ireland at the Council of Europe and of leading our delegation there. Talking to people in Europe, I notice the high level of awareness of the Irish position. This is no small achievement and is due to the work of our Department of Foreign Affairs and Trade and of its international diplomatic staff. We should be so proud of them. Our recent near-miss in bringing the European Banking Authority to Ireland - only to be beaten in a lottery - is another example of their success. In my role in the Council of Europe I deal with-----