Johnny Guirke (Meath West, Sinn Fein)
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348. To ask the Minister for Foreign Affairs and Trade the number of instances in which diplomatic immunity has been formally invoked to avoid road traffic offences in each of the years 2010 to 2020, by embassy and consulate in tabular form; and if he will make a statement on the matter. [9436/21]

Simon Coveney (Cork South Central, Fine Gael)
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There are currently 63 resident Diplomatic Missions in Ireland with approximately 1,250 diplomatic agents, including their spouses and families. The operation of these Missions is regulated by the Vienna Convention on Diplomatic Relations 1961 as transposed into Irish law by the Diplomatic and Immunities Act 1967. Privileges and immunities of accredited diplomatic agents in Ireland are governed by the Vienna Convention on Diplomatic Relations of 1961 and the Vienna Convention on Consular Relations of 1963, as incorporated into Irish law, by the Diplomatic Relations and Immunities Acts 1967-2006.

Article 29 of the Vienna Convention on Diplomatic Relations provides that a diplomatic agent shall not be liable to any form of arrest or detention, while Article 31 provides that a diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State. Diplomatic immunity must be expressly waived for criminal proceedings to commence.

Road traffic offences allegedly committed by people entitled to diplomatic immunity in Ireland may be brought to the attention of the Department of Foreign Affairs by An Garda Síochána. In such cases, the Department reminds resident Diplomatic Missions about their obligations under Article 41.1 of the Vienna Convention on Diplomatic Relations, which requires all persons enjoying privileges and immunities to respect the laws and regulations of the receiving State, and informs the concerned Diplomatic Mission of the alleged incident. The number of alleged road traffic offences committed by members of the diplomatic community in Ireland is proportionately low. In general, Diplomatic Missions operate in compliance with Irish law.

Notwithstanding this, my Department expects all those agents duly accredited here, who are entitled to privileges and immunities in accordance with Article 31 of the Vienna Convention, to respect Irish laws and regulations, as indeed, we expect our Embassies abroad to respect the laws and regulations of the host country. I recall that the purpose of diplomatic privileges and immunities is not to benefit individuals but to ensure the effective performance of the functions of Diplomatic Missions. In addition, Article 31(4) of the Vienna Convention provides that the immunity of a diplomatic agent from the jurisdiction of the receiving State does not exempt the agent from the jurisdiction of the sending State.

The tables below have been compiled from electronic records held by the Department of Foreign Affairs and relate to alleged incidents brought to the attention of the Department by An Garda Síochána:

(i) the number of alleged road traffic offences in each year from 2010 – 2020;

(ii) the number of alleged road traffic offences for each Diplomatic Mission from 2010 – 2020.