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Seanad Éireann debate -
Tuesday, 27 Jan 1976

Vol. 83 No. 8

Diplomatic Relations and Immunities (Amendment) Bill 1976: Committee and Final Stages.

Question proposed: "That section I stand part of the Bill."

There is one point on which I would be grateful for clarification. It is provided that the international organisations, communities or bodies or institutions or organs would be given corporate status here, the capacity of a body corporate. I wondered whether the Minister could clarify whether this might give rise to problems if the organisation was one which would not qualify for the status of a body corporate under Irish law or whether this is not seen as a problem. The Minister has already indicated that it is not likely that the organs or organisations will have a great physical presence here. I understand that the organisation would have the legal capacity of a body corporate and I wondered if this might give rise to particular problems.

In the actual issuing of the order, is it intended that the order would have a schedule to it incorporating the agreement which is the subject matter of the thing. This is one of the helpful aspects of the 1967 Act that the agreements are, on the whole, in a protocol—in particular those of the United Nations, the OECD and Council of Europe— appended to the Act. From the point of view of keeping track of the particular organisations and significance of the order it would be helpful to have a schedule incorporating the protocol.

I think the answer to the Senator is that, first of all, the Act overrides our ordinary company law, and something which is an organ and is so defined in an order thereby develops a kind of corporate status of its own by virtue of that, even if a similar body would not in Irish law, of its own right, be such a corporate body. Secondly, the order will specify precisely what is involved, as the Senator has suggested, and it is the intention that orders should do this. It will be necessary to be clear as to exactly who and what would have the privileges and immunities, and that will be incorporated in the order.

Question put and agreed to.
Section 2 agreed.
Title agreed to.
Bill reported without amendment, received for final consideration and passed.
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