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Dáil Éireann debate -
Wednesday, 25 Nov 1959

Vol. 178 No. 3

Ceisteanna—Questions. Oral Answers. - Diplomatic Immunity.

25.

asked the Minister for External Affairs whether the Government approved of the decision recently taken regarding a fatal motor car running-down incident in America, involving an Irish citizen, that the individual involved be permitted to plead diplomatic immunity with the result of evading the consequences of his action.

The traditional rule regarding diplomatic immunity is that heads of diplomatic missions and their families forming part of their households are immune from criminal and civil proceedings in the State to which they are accredited. This rule was automatically applied by the authorities concerned in the case to which the Deputy refers. The issue of Government approval did not, therefore, arise.

I may add that the young Irishman involved in the case is returning to Ireland forthwith.

Was this Irish citizen involved in any other incident which required the invocation of diplomatic immunity, and if so——

The question relates to one incident.

Might I ask the Minister whether this young man has been asked to remain permanently in this country?

Well, he is returning.

Might I ask if the Minister would please be unequivocal in his reply to this question? I understand it has caused a considerable amount of disquiet and surprise that diplomatic immunity should be claimed on such a serious charge and, in view of that attitude on the part of the American authorities, could the Minister give an assurance that the man will be retained here permanently?

That is a separate question.

I think the Deputy should be satisfied with the information that he is returning.

But there is the question of permanency. He might return to the U.S. again. Would the Minister be prepared to give an assurance that he will not be allowed to return to the United States?

I am not prepared.

If a person claims diplomatic immunity say, after robbing a bank, could he bring the "swag" back? I am asking a question—could he bring it back?

That is a separate question.

I should like to know how far diplomatic immunity goes.

The Deputy is asking a question that does not arise. He may get the information he requires elsewhere.

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