Simon Coveney
Question:10 Mr. Coveney asked the Minister for Foreign Affairs his legislative priorities for 2004. [30436/03]
Other Questions. - Proposed Legislation.
I propose, in 2004, to ask the Government for authority to arrange for the drafting of legislation to amend the Diplomatic Relations and Immunities Acts 1967 and 1976.
As the Deputy will be aware, my Department is not one which brings forward a significant body of legislation and, at this stage, it is not clear what, if any, issues may become a priority during the course of 2004 requiring the Department to bring forward further legislation.
Can the Minister broadly indicate the intent of the legislation to which he referred? Will he consider introducing legislation providing for a travel document, which would be of less significance than a passport but which would be useful for Irish citizens travelling within the European Union? I have raised this matter on a number of previous occasions. While we often speak of being both Irish and European citizens, Ireland is soon to be one of only two in 25 countries whose citizens will have to produce passports while travelling in the Schengen area. While I understand the reasons for this, the change would help allay the separateness that people feel from the EU. This could be done by Irish legislation. It would be an EU travel document that could perhaps double as a driving licence. While it would not be an identity card for use within the State, it would suffice as a travel card within the EU. While we will soon ask people to approve the outcome of the Intergovernmental Conference and tell them they are citizens of both Ireland and the EU, it will be hard to convince them of this when they must travel on a passport.
While it is unrelated to the Deputy's question, I will seek to determine what is the official view on this. Much of it arises as a result of heightened security and many regard it as necessary for their own safety that the authorities are able to identify all aircraft passengers.
Under the Diplomatic Relations and Immunities Acts, the Government may, by order, make provision for international organisations and bodies and related persons to have privileges and immunities in the context of international relations. The constitutionality of this provision has been raised by the Attorney General because of the wide discretion it gives to the Government in the making of such orders. The proposed amending legislation is designed to limit the Government's discretion in the making of the orders in question in a way that would remedy the aforementioned constitutional concern while not impinging on the general prerogative of the Government to make orders.
This Bill has been on the list of proposed legislation for some time. I do not understand the difficulty in publishing it as it is the outcome of a court decision. The Minister suggested this is the only part of his legislative programme. I would have thought that the completion of the ratification of the different obligations we have under the UN would have been included. For example, resolution 1368 was passed in response to the attacks in the United States in September 2001, while there is a list of instruments requiring ratification. Consideration should also be given to other legislation in the general rights area. Are these not part of the legislative programme?
They are the responsibility of the Minister for Justice, Equality and Law Reform.
In the event that the Intergovernmental Conference completes its work and there is to be a referendum, I presume it will be handled by the Department of Foreign Affairs. It was envisaged that this would come up in 2004.
Since we do not know the outcome of the Intergovernmental Conference, it is too early to say if and when it will be necessary for legislation to be introduced. However, we will have to arrange for this contingency if necessary.