This Bill covers two separate though related subject matters: firstly, the immunities and privileges of diplomatic and consular personnel and, secondly, the immunities and privileges of international organisations.
Under Article 29 of our Constitution, Ireland accepts the generally recognised principles of international law as our rule of conduct in our relations with other States. We must therefore apply here the same rules of diplomatic law and procedure as are applied in other States. The Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations, to which this Bill seeks to give the force of law, were drafted in 1961 and 1963 at conferences in Vienna attended by about 90 nations, including Ireland. These two Conventions reflect the general agreement reached in Vienna as to the appropriate immunities and privileges which are essential for the effective functioning of diplomatic missions and consular offices. Similarly, the member Governments of the United Nations and other international organisations covered by the Bill had agreed some years before upon an appropriate range of immunities and privileges for the organisations concerned.
The purpose of granting immunities to diplomats and consuls is to ensure that they are independent in the performance of their functions. The full range of immunities may sometimes be indispensable to diplomats to enable them to exercise their duties in the State in which they are accredited. The immunities which we make available to foreign diplomats and consuls in Ireland are the same as our own diplomats and consuls receive in other countries when representing Ireland abroad.
The preambles to both the Vienna Conventions refer to the fact that— and I quote from the Diplomatic Convention preamble:—
The purpose of such privileges and immunities is not to benefit individuals but to ensure the efficient performance of the functions of diplomatic missions as representing states.
The texts of the Vienna Conventions are set out in the First and Second Schedules of the Bill. These Conventions are already and seem likely to remain for a long time to come the world code in diplomatic and consular relations. There is great convenience in having available such complete statements or codes of international law with regard to both diplomatic and consular relations. Hitherto, we have had to deal with these questions in the light of international practice as it appeared to us at any particular time. Now, however, when the full text of these agreements are placed on the Irish statute book, all concerned will know precisely what is the legal position on any particular matter in this field in which they may be interested.
These Conventions resulted from the conferences which met pursuant to a resolution of the General Assembly of the United Nations and form part of the general movement in recent years towards the progressive codification of international law. The Conventions largely confirm the practice in Ireland in regard to immunities, et cetera. Section 48 of the Bill sets out the long accepted principle of reciprocity by providing that in the event of another Government not granting immunities to our representatives, the Irish Government may withdraw the immunities here of the representatives of the State concerned.
Apart from the Diplomatic and Consular Conventions, most of the text of this Bill is concerned with international organisations. The need for the application of many of these provisions in Ireland does not often arise. Consequently, the same formula is not used in regard to the application of these Conventions in Ireland as has been used with regard to the Vienna Conventions each of which is given the force of law in the State. The General Convention on the Privileges and Immunities of the United Nations and the Convention on the Privileges and Immunities of the Specialised Agencies of the United Nations were adopted by the United Nations General Assembly as long ago as 1946 and 1947 respectively. Up to the present, it has usually been possible for us to give effect to any of their provisions which have become applicable from time to time by administrative measures without the necessity of legislation. We must, however, be in a position, when the need arises, to make available to international organisations operating in Ireland and to their officials and experts, the necessary immunities. In fact, the Charter of the United Nations provides in Article 104:
The Organisation shall enjoy in the territory of each of its Members such legal capacity as may be necessary for the exercise of its functions and the fulfilment of its purposes.
and in Article 105:
1. The Organisation shall enjoy in the territory of each of its members such privileges and immunities as are necessary for the fulfilment of its purposes.
2. Representatives of the Members of the United Nations and Officials of the Organisation shall similarly enjoy such privileges and immunities as are necessary for the independent exercise of their functions in connection with the Organisation.
In Part III of the Bill we deal not only with the General Convention of the United Nations but also with the position of judges and persons connected with the International Court of Justice. This gives effect to a resolution of the General Assembly of the United Nations adopted on the 11th December, 1946, and covering the immunities which are contained in sections 10 to 15 of the Bill.
In Part IV of the Bill provision is made for the privileges and immunities of the international organisations set out in section 16. We are members of all the organisations indicated. These organisations would require that their officials coming to Ireland on duty should have the protection which is afforded by these international agreements and which assure those officials their independence in the exercise of their functions.
Part V of the Bill relates generally to the Council of Europe. This covers not only the Council itself but also Government representatives, members of the Consultative Assembly, officials of the Council attending meetings of the Council, the judges of the European Court of Human Rights and members of the European Commission of Human Rights.
Parts VI and VII of the Bill are concerned with the Organisation for Economic Co-operation and Development, the European Monetary Agreement, the Customs Co-operation Council, the International Wheat Council and the International Sugar Council.
Part VIII allows in sections 39 to 43 that the Government may in the future by order, and without the need for new legislation in each particular case, provide for the immunities which by international agreement we may wish to make available to an international organisation, a community or body, or an international judicial body or semi-judicial body, or an arbitration or conciliation board.
It is also proposed in sections 44 and 45 to make it possible to grant immunities to appropriate persons attending important international conferences in Ireland. This is a provision which many other countries have in their law and, in certain circumstances, it might be necessary that the Government should be in a position to make available these immunities for the representatives of other Governments coming to Ireland so that they would feel completely free and independent in the performance of their functions.
I hope that Senators will agree that this Bill is desirable in that it gives effect generally to our international obligations and places on our statute book provisions which are already incorporated, or are in course of being incorporated, in the laws of most other countries.