asked the Minister for External Affairs if he will take steps to ensure that civil damages will be paid in any case in which a person claiming diplomatic immunity is adjudged responsible for damages suffered in respect of a road accident in Ireland.
Ceisteanna—Questions. Oral Answers. - Diplomatic Immunity.
21.
Under the Constitution, Ireland has accepted the generally recognised principles of international law as its rule of conduct in its relations with other States. The immunity of diplomatic agents from the criminal, and subject to certain exceptions, from the civil jurisdiction of the receiving State is a particularly well-established rule. Members of the diplomatic corps who have motor cars are, however, requested to keep themselves insured and insurance companies in this country have agreed not to insist on immunity being claimed.
While fully accepting our reciprocal obligation to conform to accepted diplomatic practice, does the Minister not consider it to be a very great hardship if a citizen of this State should suffer civil damage as a result of an accident in which a diplomat is involved? Would he not consider consulting his colleagues as to whether some device might not be evolved where diplomatic immunity is invoked against an individual's civil claim, so that he might nominate even a fictitious person who would stand as defendant in an appropriate suit to determine what compensation should equitably be paid to our citizen and so that arrangements could be made to have that compensation met?
We do not consider the present rule very satisfactory and, as a matter of fact, we supported an amendment to it when the Diplomatic Privileges Agreement was being made in Vienna a couple of years ago. That amendment got very little support; it was beaten two, or three, to one. With regard to the danger of a diplomat having a non-insured car, or an insured car in regard to which the insurance company claims immunity, we approached insurance companies and they have agreed not to claim immunity in the event of a diplomatic car being involved in an accident. On the whole, I think, the arrangement has worked satisfactorily and I hope that some difficulties that have arisen will be ironed out.
I take it that, if any specific case of hardship were brought to the Minister's attention, sympathetic consideration would be given to finding some means of circumventing a claim of absolute immunity which would deprive a citizen of this State of compensation to which he would be entitled under our law?
If any complaint is made, we will certainly take an interest in seeking a solution for that complaint.