asked the Minister for External Affairs if he will state the degree of diplomatic immunity applicable to representatives of foreign countries accredited to Ireland.
Ceisteanna—Questions. Oral Answers. - Diplomatic Immunity.
In accordance with Article 29, Section 3 of the Constitution, diplomatic representatives accredited to Ireland are accorded all those privileges and immunities to which they are entitled by international law or under a generally accepted international usage or courtesy. Amongst the privileges and immunities to which diplomatic envoys are entitled by international law are those which concern their personal inviolability and their absolute immunity from the jurisdiction of the receiving State. In respect of these privileges and immunities, there is no question of the receiving State having a discretion to grant or refuse them, even on a basis of reciprocity; to withhold them would be a breach of international law. Those privileges and immunities which are accorded to diplomatic envoys under a generally accepted international usage or courtesy, however, such as freedom from customs duties on the importation of goods and from certain forms of internal taxation, may be withheld by the receiving State for good reasons. In practice, it is the custom of all States to grant these fiscal privileges on a basis of reciprocity; and it is the custom of the Irish Government to make sure that Irish diplomatic officers abroad obtain similar privileges to those accorded in this country to the representatives of the countries in question.
Is the Minister aware that the limits to which he has referred are being exceeded in this country and that diplomatic immunity is being abused?
No.
Is he aware that one of these so-called diplomats has sheltered under the plea of diplomatic immunity in order to escape payment——
I cannot go into that.
——of national health contributions of 2/4 a week in respect of his gardener?
On a point of order——
The Deputy is seeking to raise a particular instance on a general statement by the Minister. He cannot do that.
I want with your permission, a Cheann Comhairle, to make specific reference——
The Deputy cannot do that.
——to one case and to ask are no steps going to be taken to correct an injustice to a citizen of this country by the representative of the Dutch Government here.
The Deputy will please resume his seat.
I want to protest. As a representative of the people of this country I insist on the right to speak on this matter.
Will the Deputy resume his seat?
I refuse to resume my seat. I insist that I have a right to make a protest on behalf of a gardener who was victimised and whose family was left destitute for nine months because of a claim to diplomatic immunity by this man.
Propaganda!
If the Deputy will not resume his seat I will name him.
It is not propaganda. Would you stand for that?