This Bill amends the Commissioner for Oaths (Diplomatic and Consular) Act, 1931, and the Diplomatic and Consular Fees Act, 1939, by updating the definition of the diplomatic and consular officers entitled to administer those Acts. Instead of the 14 ranks specified in the 1931 and 1939 Acts, many of which, for example "high commissioner" or "first secretary of legation", no longer exist in our foreign service, the four categories of diplomatic and consular officers defined in the Vienna Convention on Diplomatic Relations, 1961, and the Vienna Convention on Consular Relations, 1963 —"head of mission", "member of the diplomatic staff", "career consular officer" and "honorary consular officers"— are used.
The Bill also consolidates the two previous Acts and the amendments.
Section 1 gives the meanings of eight of the terms used in the Bill. Section 2 describes the offices to whom the Act will apply. In addition to the four categories mentioned in the Vienna Conventions — who are authorised in section 5 to administer oaths and do notarial acts and charge fees for them outside the State — it refers to any officer appointed by the Minister for Foreign Affairs, authorised by regulations under section 3 (1), to provide other consular services, such as issuing passports and visas, either outside or in the State. Apart from updating the definitions of the relevant officers, the description of the application of the Act is identical to those in the 1931 and 1939 Acts.
Section 3 of the Bill repeats the authorisations in the 1931 and 1939 Acts for the Minister for Foreign Affairs, with the consent of the Minister for Finance, to make regulations regarding fees for consular services. It also has the same provisions as the 1939 Act concerning regulations differentiating between classes of persons, countries and places, providing for the waiver of fees in specified circumstances and being laid before each House of the Oireachtas. Section 4 of the Bill deals with the collection, disposal and recovery of fees and its wording is identical to that of section 3 of the 1939 Act.
The wording of section 5 of the Bill is identical to that of section 2, subsections (1) and (2), of the 1931 Act except that "Saorstát Éireann" is replaced by "the State". It authorises the administering of oaths, taking of affidavits and doing of notarial acts outside the State; it provides that those services shall be as effectual as if rendered by any lawful authority in the State; and it provides that documents with seals and signatures of authorised officers shall be admitted in evidence without further proof.
The wording of section 6 of the Bill is identical to that of section 4 of the 1931 Act. It says that a person making a false oath or affidavit under this section shall be guilty of perjury and may be proceeded against, indicted, tried and punished in the State as if the offence were committed there.
Section 7, concerning the payment out of moneys provided by the Oireachtas of expenses incurred in the administration of the Act, is a standard provision in legislation of this kind. Section 8 of the Bill provides for the repealing of the two previous Acts and states that subsisting regulations made under either or both of them shall continue in operation. Section 9 contains the short title of the Act and provides for its coming into operation one month after its passing.
Prior to consideration of Committee Stage of this Bill, it should be noted that amendments have been tabled by Deputy Nora Owen and Deputy Jim O'Keeffe, the text of which can be found on the list of amendments circulated this morning.
We will commence dealing with Committee Stage of the Bill.