Number 10 of 2006

DIPLOMATIC RELATIONS AND IMMUNITIES (AMENDMENT) ACT 2006

ARRANGEMENT OF SECTIONS

Section

1 . Definition.

2 . Definitions under Part VIII of Principal Act.

3 . Amendment of section 40 of Principal Act.

4 . Amendment of section 42A of Principal Act.

5 . Amendment of section 43 of Principal Act.

6 . Orders under Part VIII of Principal Act to have statutory effect.

7 . Short title and collective citation.

Acts Referred to

Number 10 of 2006

DIPLOMATIC RELATIONS AND IMMUNITIES (AMENDMENT) ACT 2006

AN ACT TO AMEND THE DIPLOMATIC RELATIONS AND IMMUNITIES ACT 1967 AND TO PROVIDE FOR RELATED MATTERS.

[12th April, 2006]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definition.

1.— In this Act “Principal Act” means the Diplomatic Relations and Immunities Act 1967.

Definitions under Part VIII of Principal Act.

2.— Part VIII of the Principal Act is amended by substituting the following section for section 39:

“39.— In this Part—

‘ 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.”.

Amendment of section 40 of Principal Act.

3.— Section 40 of the Principal Act is amended, in subsection (1), by inserting “(other than inviolability, exemptions, facilities, immunities, privileges or rights not conferred upon, or afforded in relation to, sending states or missions under the Vienna Convention)” after “inviolability, exemptions, facilities, immunities, privileges and rights”, and the said subsection (1) as so amended is set out in the Table to this section.

TABLE

(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 (other than inviolability, exemptions, facilities, immunities, privileges or rights not conferred upon, or afforded in relation to, sending states or missions under the Vienna Convention) in relation to the organisation.

Amendment of section 42A of Principal Act.

4.— Section 42A (inserted by the Diplomatic Relations and Immunities (Amendment) Act 1976) of the Principal Act is amended, in subsection (1), by inserting “(other than inviolability, exemptions, facilities, immunities, privileges or rights not conferred upon, or afforded in relation to, sending states or missions under the Vienna Convention)” after “inviolability, exemptions, facilities, immunities, privileges or rights”, and the said subsection (1) as so amended is set out in the Table to this section.

TABLE

(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 rights (other than inviolability, exemptions, facilities, immunities, privileges or rights not conferred upon, or afforded in relation to, sending states or missions under the Vienna Convention) provided for in relation to them by an international agreement to which the State or the Government is or intends to become a party.

Amendment of section 43 of Principal Act.

5.— Section 43 of the Principal Act is amended, in subsection (1), by inserting “(other than inviolability, exemptions, facilities, immunities, privileges or rights not conferred upon, or afforded in relation to, sending states or missions under the Vienna Convention)” after “inviolability and exemptions, facilities, immunities, privileges and rights”, and the said subsection (1) as so amended is set out in the Table to this section.

TABLE

(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 (other than inviolability, exemptions, facilities, immunities, privileges or rights not conferred upon, or afforded in relation to, sending states or missions under the Vienna Convention) 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.

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

6.— The Principal Act is amended by inserting the following section after section 49:

“50.— (1) Subject to subsection (2), every order under this Part in force immediately before the passing of the Diplomatic Relations and Immunities (Amendment) Act 2006 shall 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

(c) the European Radio Communications Office (Privileges and Immunities) Order 1994 (S.I. No. 186 of 1994).”.

Short title and collective citation.

7.— (1) This Act may be cited as the Diplomatic Relations and Immunities (Amendment) Act 2006.

(2) The Diplomatic Relations and Immunities Acts 1967 to 2004 and this Act may be cited together as the Diplomatic Relations and Immunities Acts 1967 to 2006.