asked the Minister for Foreign Affairs the proposals, if any, for the introduction of an Act comparable to the United Kingdom's State Immunity Act, 1978, or the United States' Foreign Sovereign Immunities Act, 1976; if the introduction of such an Act would give this country stronger powers in certain circumstances and allow Irish courts greater power to give effect to their judgment against parties in so far as foreign state property in use or intended for use for commercial purposes is concerned.
Written Answers. - Limited Immunity Laws.
75.
The provisions of the Acts referred to in the Deputy's question reflect the generally accepted concept in public international law of limited immunity so that a State would be entitled to claim immunity only in relation to those actions pertaining to its sovereignty; the domestic courts would, therefore, be able to exercise their jurisdiction in relation to the commercial activities of a state. However, enforcement of judgments in relation to the commercial activities of a State has not as yet been generally accepted by the international community of states. British and American legislation confirm the concept of restricting immunity to acts done in the exercise of sovereign powers. They specifically define the activities to be considered as commercial. Here it would ultimately be for the courts to decide this issue. The British and American legislation provide not only that there shall be no immunity from suit in respect of commercial activities but also allow enforcement of judgment in all but a limited number of these cases. In the latter aspect they are therefore in advance of current international law. Given the current state of public international law, any legislation introduced here could only confirm the general principles as they exist at present. The Government are of course keeping the situation under review.