asked the Minister for Justice if he will state, in respect of 1975, 1976 and 1977, the number and type of incidents investigated by the Garda in which any of the participants claimed immunity from prosecution by reason of diplomatic status; if any summonses were issued against persons which were withdrawn when such persons subsequently claimed diplomatic immunity; the number and type of cases involved; and if he is satisfied with the situation generally.
Written Answers. - Diplomatic Immunity.
290.
Immunity from prosecution by reason of diplomatic status is a question of law and does not depend on claims being made by the persons to whom the immunity applies. Unless the immunity is expressly waived by the foreign state concerned, a person to whom the immunity applies is not amenable to the criminal jurisdiction of the State and cannot be prosecuted.
The Garda do not compile statistics of incidents investigated by them in which persons involved enjoy diplomatic immunity but they state that the number of such incidents is very small.