Diplomatic Relations and Immunities Act, 1967
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —This Act may be cited as the Diplomatic Relations and Immunities Act, 1967.
num: 2
paragraphs: —In this Act “the Minister” means the Minister for External Affairs.
num: 3
paragraphs: —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.
num: 4
paragraphs: —Each enactment mentioned in column (2) of the Sixth Schedule to this Act is hereby repealed to the extent specified in column (3) of that Schedule.
num: 5
paragraphs: —(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.
num: 6
paragraphs: —(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.
(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.
num: 7
paragraphs: —In this Part—
num: 8
paragraphs: —The Organisation shall have the legal capacity of a body corporate.
num: 9
paragraphs: —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.
num: 10
paragraphs: —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.
num: 11
paragraphs: —Judges of the Court shall enjoy exemption from income tax (including sur-tax) in respect of emoluments received by them as such judges.
num: 12
paragraphs: —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.
num: 13
paragraphs: —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.
num: 14
paragraphs: —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.
num: 15
paragraphs: —(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.
num: 16
paragraphs: —In this Part—
num: 17
paragraphs: —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.
num: 18
paragraphs: —(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.
num: 19
paragraphs: —An organisation to which this Part of this Act applies shall have the legal capacity of a body corporate.
num: 20
paragraphs: —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.
num: 21
paragraphs: —In this Part—
num: 22
paragraphs: —The Council of Europe shall have the legal capacity of a body corporate.
num: 23
paragraphs: —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.
num: 24
paragraphs: —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.
num: 25
paragraphs: —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.
num: 26
paragraphs: —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.
num: 27
paragraphs: —The Organisation shall have the legal capacity of a body corporate.
num: 28
paragraphs: —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.
num: 29
paragraphs: —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.
num: 30
paragraphs: —(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.
num: 31
paragraphs: —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.
num: 32
paragraphs: —In this Part “the Council” means the Customs Cooperation Council established by the Convention done at Brussels on the 15th day of December, 1950.
num: 33
paragraphs: —The Council shall have the legal capacity of a body corporate.
num: 34
paragraphs: —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.
num: 35
paragraphs: —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.
num: 36
paragraphs: —(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.
num: 37
paragraphs: —The International Wheat Council established under the International Wheat Agreement of 1949 shall have the legal capacity of a body corporate.
num: 38
paragraphs: —The International Sugar Council established under the International Sugar Agreement of 1953 shall have the legal capacity of a body corporate.
num: 39
paragraphs: —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.
num: 40
paragraphs: —(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 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.
num: 41
paragraphs: —An organisation to which this Part applies shall have the legal capacity of a body corporate.
num: 42
paragraphs: —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.
num: 43
paragraphs: —(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 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.
num: 44
paragraphs: —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 OifigiÃºil.
num: 45
paragraphs: —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.
num: 46
paragraphs: —(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.
num: 47
paragraphs: —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.
num: 48
paragraphs: —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.
num: 49
paragraphs: —Officials of an international organisation, community or body referred to in this Act or an organisation to which this Part applies serving in the State or persons performing duties in the State assigned to them by any such organisation, community or body shall not be appointed from among persons who are Irish citizens except with the consent of the Government, and the consent may be withdrawn at any time.