Diplomatic Relations and Immunities Act , 1967

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PART I Preliminary and General

1. Short title.

1.—This Act may be cited as the Diplomatic Relations and Immunities Act, 1967.

2. The Minister.

2.—In this Act “the Minister” means the Minister for External Affairs.

2. F1[Application of International Criminal Court Act 2006.

2A.–Parts II to VIII of this Act are without prejudice to sections 60 (immunities and privileges relating to International Criminal Court) and 61 (state or diplomatic immunity, etc.) of theInternational Criminal Court Act 2006.]

3. Laying of orders before Houses of the Oireachtas.

3.—Every order made by the Government under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next subsequent twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to anything previously done thereunder.

4. Repeals.

4.—Each enactment mentioned in column (2) of the Sixth Schedule to this Act is hereby repealed to the extent specified in column (3) of that Schedule.

PART II Vienna Conventions on Diplomatic Relations and Consular Relations

5. Vienna Convention on Diplomatic Relations to have force of law.

5.—(1)The provisions of the Vienna Convention on Diplomatic Relations done at Vienna on the 18th day of April, 1961, as set out in the First Schedule to this Act, shall have the force of law in the State.

(2)The Minister may from time to time make such orders as appear to him necessary or expedient for carrying out the convention referred to in subsection (1) of this section and for giving effect thereto or to any of the provisions thereof, and may revoke or amend any order under this section.

6. Vienna Convention on Consular Relations to have force of law.

6.—(1)The provisions of the Vienna Convention on Consular Relations done at Vienna on the 24th day of April, 1963, as set out in the Second Schedule to this Act, shall have the force of law in the State.

PART III General Convention on the Privileges and Immunities of the United Nations

7. Definitions (Part III).

7.—In this Part—

“the Convention” means the General Convention on the Privileges and Immunities of the United Nations adopted by the General Assembly of the United Nations on the 13th day of February, 1946, as set out in the Third Schedule to this Act;

“the Court” means the International Court of Justice;

“the Organisation” means the United Nations Organisation.

8. Legal capacity of United Nations.

8.—The Organisation shall have the legal capacity of a body corporate.

9. General immunities of Organisation under Convention.

9.—The Organisation and its property and a person in relation to whom the Convention applies and the property of such a person shall have and enjoy inviolability, exemptions, facilities, immunities, privileges and rights in such manner, to such extent and subject to such limitations (including the waiver thereof) as are provided for in each case by the Convention.

10. General immunities of judges and certain officials of Court.

10.—Judges of the Court, the Registrar of the Court and a person acting as such Registrar shall, when engaged on the business of the Court and during any journeys connected with the exercise of their functions, have and enjoy the same inviolability, exemptions, facilities, immunities, privileges and rights as are accorded to a head of a diplomatic mission under the Convention set out in the First Schedule to this Act.

11. Exemption from income tax of judges of Court.

11.—Judges of the Court shall enjoy exemption from income tax (including sur-tax) in respect of emoluments received by them as such judges.

12. General immunities of advocates appearing before Court.

12.—Persons, not being Irish citizens, engaged in appearing before the Court as representatives of a government or as advocates shall, when so engaged and during any journeys in connection with the matters on which they are so engaged, have and enjoy immunities and privileges corresponding to those conferred by Sections 11 to 13 of Article IV of the Convention.

13. General immunities of witnesses at and persons performing duties assigned to them by Court.

13.—Persons engaged in appearing as witnesses before the Court or in performing duties assigned to them by the Court and assessors of the Court engaged on the business of the Court shall, while so engaged, and during any journeys in connection with the matters on which they are so engaged have and enjoy the same immunities and privileges as are conferred by Section 22 of Article VI of the Convention.

14. General immunities of officials of Court.

14.—Officials of the Court shall, when engaged on the business of the Court and during any journeys connected with such business, have and enjoy such facilities and immunities as may be necessary for the independent exercise of their functions.

15. Waiver of immunities connected with Court.

15.—(1)The inviolability and the exemptions, facilities, immunities, privileges and rights conferred by this Act on a judge of the Court, the Registrar of the Court and the person acting as such Registrar and the immunities and privileges conferred by this Act on a person engaged in appearing as a witness before the Court or in performing duties assigned to him by the Court and on an assessor of the Court may be waived by the Court.

(2)The immunities and privileges conferred by this Act on persons engaged in appearing before the Court as representatives of a government or as advocates may be waived by the Government that they represent before the Court.

(3)The facilities and immunities conferred by this Act on officials of the Court (other than the Registrar of the Court) may be waived by the Registrar of the Court.

PART IV Convention on the Privileges and Immunities of the Specialised Agencies of the United Nations

16. Definitions (Part IV).

16.—In this Part—

“the Convention” means the Convention on the Privileges and Immunities of the Specialised Agencies of the United Nations adopted by the General Assembly of the United Nations on the 21st day of November, 1947, and the Annexes thereto, as set out in the Fourth Schedule to this Act and any annex thereto standing specified in an order under section 17 of this Act;

“organisation to which this Part applies” means—

(a)(i)the World Health Organisation;

(ii)the International Civil Aviation Organisation;

(iii)the International Labour Organisation;

(iv)the Food and Agriculture Organisation of the United Nations;

(v)the United Nations Educational, Scientific and Cultural Organisation;

(vi)the International Bank for Reconstruction and Development;

(vii)the International Monetary Fund;

(viii)the Universal Postal Union;

(ix)the International Telecommunication Union;

(x)the World Meteorological Organisation;

(xi)the Inter-Governmental Maritime Consultative Organisation;

(xii)the International Finance Corporation;

(xiii)the International Development Association; and

(b)an organisation standing designated for the time being by order under section 17 of this Act.

17. Designation of organisations to which this Part applies.

17.—The Government may from time to time by order designate an international organisation to be an organisation to which this Part applies if the organisation is in relationship with the United Nations Organisation in accordance with Articles 57 and 63 of the Charter of the United Nations Organisation and shall provide in the order that the annex to the Convention that relates to the organisation and is specified in the order shall have effect in relation thereto, subject, if the organisation has approved of the annex subject to amendments, to those amendments.

18. Amendment of annex to Convention.

18.—(1)Where, in relation to an annex set out in the Fourth Schedule to this Act or specified in an order under section 17 of this Act, a revised annex incorporating amendments to the first-mentioned annex is transmitted to the Secretary-General of the United Nations Organisation pursuant to Section 38 of the Convention, the Government may by order provide that the first-mentioned annex shall have effect subject to the amendments aforesaid.

(2)The Government may by order revoke or amend an order under this section including an order under this subsection.

19. Legal capacity of organisation to which this Part applies.

19.—An organisation to which this Part of this Act applies shall have the legal capacity of a body corporate.

20. General immunities of organisations to which this Part applies under Convention.

20.—An organisation to which this Part applies and its property and a person in relation to whom the Convention applies and the property of such a person shall have and enjoy inviolability, exemptions, facilities, immunities, privileges and rights in such manner, to such extent and subject to such limitations (including the waiver thereof) as are provided for in each case by the Convention in accordance with Sections 33, 36 and 38 thereof.

PART V General Agreement on Privileges and Immunities of the Council of Europe

21. Definitions (Part V).

21.—In this Part—

“the Agreement” means the General Agreement on Privileges and Immunities of the Council of Europe done at Paris on the 2nd day of September, 1949, as set out in the Fifth Schedule to this Act;

F2["the Bank" means the Council of Europe Development Bank as established by the Articles of Agreement of the Council of Europe Development Bank, the text of which is set out in Schedule 1 to theCouncil of Europe Development Bank Act 2004;]

“the Commission” means the European Commission of Human Rights established under Article 19 of the Convention;

“the Convention” means the Convention for the Protection of Human Rights and Fundamental Freedoms done at Rome on the 4th day of November, 1950;

“the Court” means the European Court of Human Rights established under Article 19 of the Convention;

“the First Protocol” means the First Protocol to the Agreement done at Strasbourg on the 6th day of November, 1952, as set out in the Fifth Schedule to this Act;

“judge” means a person standing elected pursuant to Article 39 of the Convention and includes an ad hoc judge standing appointed pursuant to Article 43 of the Convention;

“member” means a person elected pursuant to Article 22 of the Convention to be a member of the Commission;

“the Second Protocol” means the Second Protocol to the Agreement done at Paris on the 15th day of December, 1956, as set out in the Fifth Schedule to this Act;

F2["the Third Protocol" means the Third Protocol to the Agreement done at Strasbourg on the 6th day of March 1959, as set out in the Fifth Schedule to this Act;]

“the Fourth Protocol” means the Fourth Protocol to the Agreement done at Paris on the 16th day of December, 1961, as set out in the Fifth Schedule to this Act.

21A. F3[Construction of certain references in Third Protocol.

21A.—In the Third Protocol—

(a) references to the Council of Europe Resettlement Fund shall, pursuant to a decision of the Governing Board of 28 June 1999, which came into force on 1 November 1999, be read as references to the Council of Europe Development Bank, and

(b) references to the Governing Body shall, pursuant to the Articles of Agreement approved in 1993, be read as references to the Governing Board.]

22. Legal capacity of Council of Europe.

22.—The Council of Europe shall have the legal capacity of a body corporate.

23. General immunities under Agreement in relation to Council of Europe.

23.—The Council of Europe and its property and a person in relation to whom the Agreement or the First Protocol applies and the property of such a person shall have and enjoy inviolability, exemptions, facilities, immunities, privileges and rights in such manner, to such extent and subject to such limitations (including the waiver thereof) as are provided for in each case by the Agreement or the First Protocol, as the case may be.

24. General immunities of members of Commission.

24.—Members of the Commission and the property of the Commission or a member shall have and enjoy inviolability and exemptions, facilities, immunities, privileges and rights in such manner, to such extent and subject to such limitations (including the waiver thereof) as are provided for in each case by the Second Protocol.

24A. F4[General immunities in relation to Bank.

24A.—The Bank and its property and a person in relation to whom the Third Protocol applies and the property of such a person shall have and enjoy inviolability, exemptions, facilities, immunities, privileges and the rights in such manner, to such extent and subject to such limitations (including the waiver thereof) as are provided for in each case by the Third Protocol.]

25. General immunities of judges and registrars of Court.

25.—Judges of the Court and the property of the Court or a judge, the Registrar of the Court, and a person acting as such Registrar, shall have and enjoy inviolability and exemptions, facilities, immunities, privileges and rights in such manner, to such extent and subject to such limitations (including the waiver thereof) as are provided for in each case by the Fourth Protocol.

PART VI Organisation for Economic Cooperation and Development

26. The Organisation (Part VI).

26.—In this Part “the Organisation” means the Organisation for Economic Cooperation and Development constituted by the Convention done at Paris on the 14th day of December, 1960.

27. Legal capacity of Organisation.

27.—The Organisation shall have the legal capacity of a body corporate.

28. General immunities of experts of Organisation.

28.—Experts (other than officials or servants of the Organisation) performing missions for the Organisation shall have and enjoy such privileges, immunities and facilities as are necessary for the independent exercise of their functions during the period of their missions, including the time spent on journeys in connection with their missions. In particular, they shall have and enjoy—

(a)immunity from arrest or detention and from seizure of baggage;

(b)immunity from legal process in respect of acts done by them in the course of the performance of their missions aforesaid;

(c)inviolability in respect of papers and documents.

29. General immunities under Agreement in relation to Organisation.

29.—The Organisation and its property and a person who is a representative of a member of the Organisation or is a member of or attached to a delegation to the principal or a subsidiary organ of the Organisation or an official of the Organisation and any person, being a spouse of such person or a member of his family dependent on him, and the property of such persons shall have and enjoy inviolability and exemptions, immunities, facilities, privileges and rights corresponding to those provided for in Parts II, III, IV and VI (as may be appropriate in each case) of the Agreement set out in the Fifth Schedule to this Act.

30. Waiver of privileges.

30.—(1)The inviolability and the exemptions, facilities, immunities, privileges and rights conferred by this Act on an official of the Organisation or a person referred to in section 28 of this Act may be waived by the Organisation.

(2)The inviolability and the exemptions, facilities, immunities, privileges and rights conferred by this Act on a person who is a representative of a member of the Organisation or is a member of or attached to a delegation to the principal or a subsidiary organ of the Organisation or any person being a spouse of such person or a member of his family dependent on him may be waived by the member aforesaid of the Organisation of which the person is a representative or the Government of the person, as the case may be.

31. European Monetary Agreement.

31.—The provisions of Parts II and III of the Agreement set out in the Fifth Schedule to this Act shall apply in relation to the European Fund established by the European Monetary Agreement done at Paris on the 5th day of August, 1955, and to the assets of the Fund, including income, provided for in Article 22 of the said Agreement.

PART VII International Councils

32. The Council (Part VII).

32.—In this Part “the Council” means the Customs Cooperation Council established by the Convention done at Brussels on the 15th day of December, 1950.

33. Legal capacity of Council.

33.—The Council shall have the legal capacity of a body corporate.

34. General immunities under Agreement in relation to Council.

34.—The Council and its property and a person who is a representative of a member of the Council or an official of the Council and any person, being a spouse of such person or a member of his family dependent on him, and the property of such persons shall have and enjoy inviolability and exemptions, facilities, immunities, privileges and rights corresponding to those provided for in Parts II, III, IV and VI (as may be appropriate in each case) of the Agreement set out in the Fifth Schedule to this Act.

35. General immunities of experts of Council.

35.—Experts (other than officials or servants of the Council) performing missions for the Council shall have and enjoy such privileges, immunities and facilities as are necessary for the independent exercise of their functions during the period of their missions, including the time spent on journeys in connection with their missions. In particular, they shall have and enjoy—

(a)immunity from arrest or detention and from seizure of baggage;

(b)immunity from legal process in respect of words spoken or written or acts done by them in the performance of their missions aforesaid and within the limits of their authority;

(c)inviolability in respect of papers and documents.

36. Waiver of privileges.

36.—(1)The inviolability and the exemptions, immunities, privileges and rights of an official of the Council or any person being a spouse of an official or a member of his family dependent on him, or a person referred to in section 35 of this Act may be waived by the Council.

(2)The immunities and privileges of a person who is a representative of a member of the Council or any person, being a spouse of such representative or a member of his family dependent on him, may be waived by the Government of the member.

37. Legal capacity of International Wheat Council.

37.—The International Wheat Council established under the International Wheat Agreement of 1949 shall have the legal capacity of a body corporate.

38. Legal capacity of International Sugar Council.

38.—The International Sugar Council established under the International Sugar Agreement of 1953 shall have the legal capacity of a body corporate.

PART VIII General

39. Organisation to which this Part applies (Part VIII).

F5[39.—In this Part—

F6["Convention on the Privileges and Immunities of the United Nations" means the General Convention on the Privileges and Immunities of the United Nations adopted by the General Assembly of the United Nations on the 13th day of February, 1946, as set out in the Third Schedule to this Act;

"Convention on the Privileges and Immunities of the Specialised Agencies" means the Convention on the Privileges and Immunities of the Specialised Agencies of the United Nations adopted by the General Assembly of the United Nations on the 21st day of November, 1947, and the Annexes thereto, as set out in the Fourth Schedule to this Act and any annex thereto standing specified in an order under section 17 of this Act;]

"organisation to which this Part applies" means an international organisation, community or body standing designated for the time being by order under section 40 of this Act;

"Vienna Convention" means the Vienna Convention on Diplomatic Relations done at Vienna on the 18th day of April 1961 as set out in the First Schedule to this Act.]

40. Designation of organisations to which this Part applies.

40.—(1)The Government may by order designate an international organisation, community or body of which the State or the Government is or intends to become a member to be an organisation to which this Part of this Act applies and may, by the order, make provision for the purposes of section 42 of this Act, as respects inviolability, exemptions, facilities, immunities, privileges and rights F7[equivalent or having like effect to those conferred upon, or afforded in relation to, sending states, missions or international organisations under the Vienna Convention, the Convention on the Privileges and Immunities of the United Nations, or the Convention on the Privileges and Immunities of the Specialised Agencies or any other international agreement scheduled to this Act,] in relation to the organisation.

(2)The Government may by order revoke or amend an order under this section including an order under this subsection.

41. Legal capacity of organisation to which this Part applies.

41.—An organisation to which this Part applies shall have the legal capacity of a body corporate.

42. General immunities of organisation to which this Part applies.

42.—An organisation to which this Part applies, its institutions or organs, its property and a person who is a member of any of its institutions or organs, an official of the organisation or a delegate to, or a representative of a state or government that is a member of, the organisation or is performing duties assigned to him by the organisation and any person, being a spouse of such person or a member of his family dependent on him, shall have and enjoy inviolability and exemptions, facilities, immunities, privileges and rights in such manner, to such extent and subject to such limitations (including the waiver thereof) as may be provided for in each case in the order under section 40 of this Act in relation to the organisation.

42A. F8[Immunities under international agreements.

42A.—(1) The Government may by order make provision to enable—

(a) international organisations, communities or bodies, their institutions or organs and their property, and

(b) persons,

to have and enjoy in the State any inviolability, exemptions, facilities, immunities, privileges or rightsF9[equivalent or having like effect to those conferred upon, or afforded in relation to, sending states, missions or international organisations under the Vienna Convention, the Convention on the Privileges and Immunities of the United Nations, or the Convention on the Privileges and Immunities of the Specialised Agencies or any other international agreement scheduled to this Act]provided for in relation to them by an international agreementF10[or arrangement]to which the State or the Government is or intends to become a party.

F10[(1A) Where the Government by order under subsection (1) makes provision to enable the International Committee of the Red Cross to enjoy in the State inviolability, exemptions, facilities, immunities, privileges or rights provided for in relation to the International Committee of the Red Cross by an arrangement into which the State or the Government has entered or intends to enter, such an order may include provision for the confidentiality of communications to and from the International Committee of the Red Cross.]

(2) The Government may by order revoke or amend an order under this section including an order under this subsection.

(3) Section 41 of this Act shall apply in relation to organisations, communities and bodies and their institutions or organs in respect of which an order under this section is in force and section 46 of this Act shall apply in relation to any inviolability, exemptions, facilities, immunities or privileges for which provision is made by such an order.]

43. Provisions for immunities, etc., in relation to international judicial bodies.

43.—(1)The Government may, as respects an international judicial body or a semi-judicial body established under an agreement to which the State or the Government is or intends to become a party or an arbitration or conciliation board established by or on behalf of or for the purposes of an international organisation to which this Part applies, by order make provision as respects inviolability and exemptions, facilities, immunities, privileges and rights F11[equivalent or having like effect to those conferred upon, or afforded in relation to, sending states, missions, or international organisations under the Vienna Convention, the Convention on the Privileges and Immunities of the United Nations, or the Convention on the Privileges and Immunities of the Specialised Agencies or any other international agreement scheduled to this Act] in relation to judges and registrars of the body, persons engaged in appearing as advocates or witnesses before the body or board or in performing duties assigned to them by the body or board and persons who are parties to a suit before the body or board or apply to the body or board in relation to the commencement of a suit or other proceedings before the body or board and their advisers.

(2)The Government may, by order, revoke or amend an order under this section, including an order under this subsection.

(3)A person, body or board referred to in subsection (1) of this section shall have and enjoy inviolability and exemptions, facilities, immunities, privileges and rights in such manner, to such extent and subject to such limitations (including the waiver thereof) as may be provided for in each case in the relevant order under this section.

44. International conferences in the State.

44.—The Minister may, in relation to a conference which—

(a)is being or will be held in the State, and

(b)is being or will be attended by representatives of the Government or the State and of another government or other governments or another state or other states,

cause notice of the holding of the conference and the dates thereof to be published in Iris Oifigiúil.

45. General immunities of persons attending international conferences in the State.

45.—A person attending on behalf of a government or state a conference in the State in respect of which a notice has been published pursuant to section 44 of this Act shall, during the conference and on the day immediately preceding and the day immediately succeeding the conference, have and enjoy inviolability and exemptions, facilities, immunities, privileges and rights in such manner, to such extent and subject to such limitations (including the waiver thereof) as a member of a diplomatic mission under the convention set out in the First Schedule to this Act.

46. Offence.

46.—(1)A person who wilfully hinders, restricts or prevents the enjoyment or exercise of inviolability or an exemption, facility, immunity, privilege or right conferred by this Act shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding six months or to both the fine and the imprisonment.

(2)Proceedings for the prosecution of an offence under this section shall not be instituted without the certificate of the Minister that the institution of the proceedings is in his opinion expedient.

47. Evidence.

47.—In proceedings in any court a certificate purporting to be under the seal of the Minister and stating any fact relevant to determine whether a judicial or semi-judicial body, an arbitration or conciliation board, an organisation, community, body, diplomatic mission, consular post or person is entitled to inviolability or to an exemption, facility, immunity, privilege or right under a provision of this Act or of an order made under this Act shall be prima facie evidence of the fact.

48. Provisions to ensure reciprocity.

48.—Notwithstanding anything contained in Part II of this Act, the Government may, if they so think fit—

(a)refuse to accord the inviolability, exemptions, facilities, immunities, privileges and rights provided for in that Part to members of a diplomatic mission or consular post of another state or any person, being a spouse of such a member or a member of his family dependent on him or a private servant of such a member, or

(b)limit the extent or operation of that inviolability or those exemptions, facilities, immunities, privileges and rights,

if the Government of that state does not accord to members of a diplomatic mission of the State, members of a consular post of the State or any person, being a spouse of such a member or a member of his family dependent on him or a private servant of such a member, that inviolability or those immunities, facilities, exemptions, privileges or rights.

49. Consent of Government in certain cases to appointment of Irish citizens to international organisations.

49.—F12[…]

49. F13[Orders under Part VIII of Principal Act to have statutory effect.

50.—F14[(1) Every order under this Part in force immediately before the passing of theDiplomatic Relations (Miscellaneous Provisions) Act 2017shall have statutory effect as if it were an Act of the Oireachtas.]

(2) The following orders are revoked:

(a) the INTELSAT (Designation of Organisation and Immunities of Organisation and its Officers and Employees) Order 1972 (S.I. No. 39 of 1972) (amended by INTELSAT (Designation of Organisation and Immunities of Organisation and its Officers and Employees) (Amendment) Order 1993 (S.I. No. 191 of 1993));

(b) the European Telecommunications Satellite Organisation (Eutelsat) (Designation and Immunities) Order 1993 (S.I. No. 193 of 1993); and