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Proposed Legislation.

Dáil Éireann Debate, Wednesday - 13 October 2004

Wednesday, 13 October 2004

Questions (112)

Ruairí Quinn

Question:

113 Mr. Quinn asked the Minister for Foreign Affairs the circumstances in which concern arose regarding the constitutionality of Part VIII of the Diplomatic Relations and Immunities Act 1967, as amended by the Diplomatic Relations and Immunities (Amendment) Act 1976; the nature and extent of that concern; and his views on the urgency with which the matter needs to be addressed. [24839/04]

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Written answers

Under Part VIII of the Diplomatic Relations and Immunities Act 1967, as amended by the Diplomatic Relations and Immunities (Amendment) Act 1976, 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. A question has arisen, in the context of making such orders, as to the constitutionality of this provision because of the wide discretion it gives to the Government in the making of orders.

It is proposed to amend the 1967 and 1976 Acts in a way which would remedy the aforementioned constitutional concern, while not impinging upon the general prerogative of the Government to make orders. It is my intention to seek the authority of the Government to request the Attorney General to arrange for the drafting of the proposed amendment to the 1967 and 1976 Acts in the coming weeks.

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