Independent Monitoring Commission Act 2003

AN ACT TO MAKE PROVISION IN RELATION TO THE INDEPENDENT MONITORING COMMISSION ESTABLISHED BY THE GOVERNMENT AND THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND UNDER THE AGREEMENT BETWEEN THOSE GOVERNMENTS DONE AT DUBLIN ON 25 NOVEMBER 2003 AND TO PROVIDE FOR RELATED MATTERS. [19th December, 2003]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1 Interpretation.

1.—(1) In this Act—

“Agreement” means the Agreement between the Government and the Government of the United Kingdom establishing the Independent Monitoring Commission, done at Dublin on 25 November 2003;

“Commission” means the Independent Monitoring Commission established by those Governments under the Agreement;

“functions” includes powers and duties, and references to performing functions include references to exercising powers and carrying out duties;

“the Minister” means the Minister for Justice, Equality and Law Reform;

“Secretary of State” means a Secretary of State in the Government of the United Kingdom;

“United Kingdom” means the United Kingdom of Great Britain and Northern Ireland.

• (2) In this Act a reference to a numbered Article is a reference to the Article so numbered of the Agreement.

• (3) The text of the Agreement is set out in the Schedule to this Act.

2 Status of Commission.

2.—(1) The Commission is independent in the performance of its functions.

• (2) It has the legal capacity of a body corporate.

3 Objective and functions of Commission.

3.—(1) The objective and functions of the Commission are as set out in Articles 3 to 7.

• (2) The arrangements specified in Articles 10 and 14 apply in relation to the Commission.

4 Provision of services to Commission.

4.—In accordance with and to the extent provided for in Article 12, such moneys, premises, facilities and services (including staff) as may be necessary for the proper functioning of the Commission shall be provided by the Minister.

5 Immunities and privileges.

5.—(1) Subject to section 6—

• (a) the Commission has immunity from suit and legal process,

• (b) its official archives and premises have the same inviolability as that accorded to the official archives and premises of a diplomatic mission, and

• (c) the importation and exportation of goods imported or exported by or on behalf of the Commission and necessary for performing its functions are exempt from any prohibitions or restrictions.

• (2)
• (a) Members and staff of the Commission have immunity from suit and legal process in respect of things done or omitted to be done by them when performing their official functions.

• (b) Unless they are Irish citizens or permanently resident in the State—

• (i) their salaries and emoluments as such members and staff are exempt from payment of income tax, but may be taken into account in assessing the amount of taxation to be applied to their income from other sources, and

• (ii) they are exempt from payment of social welfare or health contributions or any other tax, contribution or levy in respect of those salaries or emoluments.

• (3) Agents or persons performing functions assigned to them by the Commission have while doing so—

• (a) immunity from suit and legal process in respect of things done or omitted to be done by them, and

• (b) inviolability in respect of papers, documents and other materials prepared or received by them.

• (4) The Commission may waive any privilege or immunity provided for by this section.

6 Duty to avoid prejudicial effects.

6.—In performing its functions the Commission shall not do anything that could reasonably be expected to—

• (a) prejudice the national security interests of the State or the United Kingdom,

• (b) endanger the safety of any person, or

• (c) have a prejudicial effect on any proceedings which have been, or are likely to be, instituted before a court or tribunal.

7 Information.

7.—(1) The Commissioner of the Garda Síochána or any member of the Garda Síochána designated by him for that purpose may disclose to the Commission any information in the possession of the Garda Síochána which in the opinion of the Commission is necessary for performing its functions.

• (2) Nothing in any other enactment prohibits disclosure of relevant factual information either to or by the Commission.

• (3) Members of the Commission, members of its staff, any persons carrying out work for or giving advice to it and any of its agents shall not disclose any information obtained in their capacity as such members, persons or agents unless the disclosure is authorised by or on behalf of the Commission.

8 Dissolution of Commission.

8.—(1) On the termination of the Agreement the Commission shall stand dissolved on such day as the Minister may, after consultation with the Secretary of State, by order appoint.

• (2) The Minister may include in the order such transitional or consequential provisions as appear to him or her to be necessary or expedient to give full effect to Article 16.

9 Amendment of section 24 of Freedom of Information Act 1997.

9.—(1) Section 24 of the Freedom of Information Act 1997 is amended in subsection (2)(a)(ii) by inserting—

• (a) “or” after “subsection (1)(e),” in clause (III), and

• (b) the following clause after clause (III)—

• “(IV) the functioning of the Independent Monitoring Commission (within the meaning of the Independent Monitoring Commission Act 2003),”.

• (2) The reference in subsection (1) to section 24 is to that section as amended by section 9 of the Criminal Justice (Location of Victims' Remains) Act 1999 and section 19 of the Freedom of Information (Amendment) Act 2003.

10 Laying of reports before Houses of Oireachtas.

10.—The Minister shall cause a copy of each report submitted to the Government by the Commission or its members under Articles 4 to 6 to be laid before each House of the Oireachtas.

11 Expenses.

11.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

12 Short title and commencement.

12.—(1) This Act may be cited as the Independent Monitoring Commission Act 2003.

• (2) It comes into operation on such day as the Minister, after consultation with the Secretary of State, may by order appoint.

SCHEDULE

Agreement between the Government of Ireland and the Government of the United Kingdom of Great Britain And Northern Ireland Establishing the Independent Monitoring Commission, done at Dublin on 25 November 2003

The Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland:

Recalling the agreement reached in multi-party negotiations (herein referred to as the multi-party agreement) and annexed to the agreement signed by both Governments on 10 April 1998 (the agreement between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland done at Belfast on 10 April 1998);

Reiterating their shared commitment to the transition to a peaceful society in Northern Ireland and the establishment of the institutions of the multi-party agreement on a stable and inclusive basis;

Having decided, recalling the text of the Agreement on Monitoring and Compliance published by the two Governments on 1 May 2003, to establish an independent body to monitor certain matters and to advise the two Governments, with a view to building the necessary trust and confidence among the Northern Ireland parties;

Have agreed as follows: