asked the Minister for External Affairs if he will take steps to provide that civil damages may be claimed by an Irish citizen in respect of a traffic accident where the other party enjoys diplomatic immunity.
Ceisteanna—Questions. Oral Answers. - Civil Damages Action.
12.
Under the Diplomatic Relations and Immunities Act, 1967, which gives the force of law in this country to the Vienna Convention on Diplomatic Relations of 1961, diplomatic agents enjoy immunity in such cases. Nevertheless members of the diplomatic corps who have motor cars in this country are requested to keep themselves insured and insurance companies have agreed not to insist on immunity being claimed.
Will the Minister cite for me the position where the insurance company is prepared to pay but the diplomat concerned—this affects the Nigerian Embassy——
The Deputy should not mention any embassy or any diplomat.
The diplomat in this case has claimed diplomatic immunity and, therefore, has prevented the insurance company meeting a claim which they were prepared to meet.
The insurance companies do not insist on immunity being claimed and are prepared to meet the costs of any accident. I think I know what the Deputy is talking about. I do not know whether he knows about it or not.
If the diplomat concerned is not prepared for the insurance company to pay, is the insurance company in the position then that they are not able to pay, in law, according to the section the Minister has quoted?
That is a technical legal question. The insurance companies do not insist on diplomatic immunity being claimed so they are prepared to pay in such cases. The question raised by Deputy Esmonde is whether they could be prevented from following their intention by the person involved. I would have to take advice on that.
Perhaps the Minister would let me know?
I will.
I am sure the Minister will agree that the liability of an insurance company arises only when liability arises on their insured, and then the insurance company are under a contractual obligation to indemnify the insured. If the insured claims diplomatic immunity the insurance company will be in difficulty in making payment because they will be making a payment which their own auditors could establish they were wrong in paying because the diplomatic immunity would give the diplomat absolute immunity.
A diplomat has immunity if he wants to claim it. Perhaps if we had a question next week rather than my writing to Deputy Esmonde it would be better. The technical point raised by Deputy Esmonde is if the person involved claims immunity will the insurance company shelter behind that? They do not want to do so. I think a question next week might be the best answer to this.