Hayes John: Urgent Debates — Diplomatic Incident Malaysian Official—Negotiations Regarding Waiver of Diplomatic ImmunityText is incorporated into the Bound VolumeHayes John: Urgent Debates — Diplomatic Incident Malaysian Official—Negotiations Regarding Waiver of Diplomatic Immunity[Sitting date: 02 July 2014. Volume:700;Page:19145. Text is incorporated into the Bound Volume.]JOHN HAYES (National - Wairarapa):A sickening aspect of politics is the sanctimonious comments from Jan Logie in the House this afternoon and those from Andrew Williams. They are based on no knowledge whatever of the issues of diplomatic immunity. I could go on to the Labour Party and have a little discussion about David Shearer who is trying to turn a very nasty alleged event into political capital as the last speaker Mr Goff has done on that side of the House. The debate this afternoon has been nothing to do with the young victim of this alleged crime and everything to do with putting an event into the public domain not for the victim but for a private party political purpose. Some facts are clear. The concern for the victim should be absolutely paramount. We should be deeply concerned by the allegation and the importance that justice must not just be seen to be done; I think all of us in this House want to see it done. The victim deserves justice.It might help to say a few words about what diplomatic immunity is and I say that as a former high commissioner ambassador and diplomat for this country. I have used diplomatic immunity on occasions when I have been offshore in some shall we just say difficult countries. Diplomatic immunity is a form of legal immunity that ensures that diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under law though they can still be expelled. It is an agreed international law and it is set out in the Vienna Convention on Diplomatic Relations from 1961. Diplomatic immunity allows Governments as my colleague Tim Groser said to maintain a dialogue and a relationship even during times of armed conflict. As Mr Groser also said many countries refuse to waive immunity as a matter of course but it is possible for a diplomat’s home country to waive immunity. I remember being in Saudi Arabia at the time that a Chilean diplomat was charged with drunk-driving causing death here and every head of mission at that time received a letter from Prime Minister Lange making it clear that if a New Zealand diplomat infringed the law of his host country diplomatic immunity would not be invoked.Diplomatic immunity usually is used only when a person’s role is as a diplomat. For example it is not generally invoked if there is a crime unless perhaps one was accused of spying. But a home country may prosecute an individual if immunity is waived by a Government so that the diplomat or the family member can be prosecuted because there is a case to answer and it is in the public interest to prosecute them. Diplomats are representatives of nations with a tradition of professional civil service. They are expected to obey regulations governing their behaviour and they suffer strict internal consequences if they flout local law as has happened with colleagues of mine over the years in the Ministry of Foreign Affairs and Trade and with colleagues I have worked with for example from Australia. None of us is perfect in this world and all countries have had their problems. Diplomats are not exempt from the law in their own countries so prosecution can also be undertaken by the sending State. Mr Groser made some interesting points about that and said we should stand back and wait for events to be dealt with and not carry on like barking dogs about an issue that few of us here have the facts about.The Vienna Convention on Diplomatic Relations is very explicit. Diplomats who have privilege and immunity are obliged to respect the law and the regulations of the receiving State. I have every sympathy for the victim in this case. I have faith in the police. I have absolute faith in the Ministry of Foreign Affairs and Trade and my ex-colleagues there. I accept the apology of the Secretary of Foreign Affairs and Trade which has been published today. I have every sympathy with the people of Malaysia because they have been let down by one of their own but it was an individual letting them down not the whole country and I feel sorry for them. The ministry has fallen well short of the expectations of the Government on this occasion and we take this failure very seriously. I passed greetings to the Secretary of Foreign Affairs and Trade this morning as he moved through Bowen House to see the Minister of Foreign Affairs. Unfortunately the way the ministry dealt with this issue left some ambiguity around our position which was that the accused should face justice in New Zealand as John Allen has said. This is a very sad occasion and I extend my condolences to the victim but I have every faith in the robustness of our system to deliver the right outcome on this occasion.