asked the Minister for Foreign Affairs if he will give details of the legislation, regulations or conventions governing the immunity of persons from criminal or civil proceedings by reason of diplomatic status, with particular reference to the categories of persons concerned; and if he will outline circumstances in which such immunity may be claimed by Irish citizens and nationals in Ireland.
Ceisteanna—Questions. Oral Answers. - Diplomatic Status.
12.
The relevant legislation is the Diplomatic Relations and Immunities Act, 1967 as amended in 1976. The 1967 Act gave the force of law in the State to the Vienna Convention on Diplomatic Relations (1961) and to the Vienna Convention on Consular Relations (1963) which are contained at Schedules 1 and 2 respectively to the Act. Articles 31 and 37 of the first-named convention set out the categories of persons entitled to immunity from criminal and civil jurisdiction by reason of their diplomatic status.
As to the second part of the question, the situation is regulated by article 38 which provides that only a diplomatic agent who is a national of or permanently resident in the State enjoys immunity from criminal and civil jurisdiction in respect of official acts performed in the exercise of his functions. No diplomatic agent in Ireland comes within this category. Other members of the staff of diplomatic missions of Irish nationality enjoy no immunity from criminal or civil process.
Would the Minister agree that this legislation can be abused on occasion and would he consider on occasions when it is abused asking the Government to declare persons who unfairly take advantage of diplomatic immunity persona non grata?
Every agreement, national or international, can be abused on occasion. Where it was clear that there had been an abuse the first thing I would do is consult with the people who had been alleged abuse it in the hope that such abuse would not recur.
Might I give the Minister a hypothetical situation for consideration, that of an employee of an embassy who escaped liability for civil or indeed criminal proceedings relating to a motor car accident in which Irish nationals were killed or seriously injured? Would he regard that as an appropriate case in which he might consider the question of whether or not somebody who claimed diplomatic immunity might be removed from this country?
If the hypothetical situation to which the Deputy refers came within the provisions of the Vienna Convention, in that particular case, under Article 37 (3) of the Convention, then it could not be an abuse of the privileges.
Would the Minister not accept that whether or not it amounted to an actual abuse of the legislation such an incident might give rise to considerable public concern about which the Minister might be expected to do something?
Could be, but——