Publication
Privileges and immunities
From Department of Foreign Affairs
Published on
Last updated on
From Department of Foreign Affairs
Published on
Last updated on
One of the oldest and most accepted fields of international law is the formal relations between states and their official representatives. To facilitate the peaceful and efficient conduct of these relations, certain privileges and immunities exist under international law and have been given effect to in Irish law.
In 1967, Ireland ratified the Vienna Convention on Diplomatic Relations 1961 and the Vienna Convention on Consular Relations 1963. These two international treaties codify what is perhaps one of the oldest and most accepted fields of international law, namely the formal relations between states and their official representatives. As is stated in the preamble to the Vienna Convention on Diplomatic Relations, “peoples of all nations from ancient times have recognised the status of diplomatic agents”.
The two Vienna Conventions recognise the functional necessity of diplomatic and consular privileges and immunities for the peaceful and efficient conduct of international relations. The Diplomatic Relations and Immunities Acts 1967-2017 gives effect to Ireland’s obligations under these Conventions. The Acts also confer certain privileges and immunities on the:
In addition, under the Acts the Government may, by order, confer on designated bodies, or their agents, “inviolability, exemptions, facilities, immunities, privileges and rights”, of the nature of those contained in the Vienna Convention on Diplomatic Relations. The three categories of body are an:
Most recently, the Diplomatic Relations (Miscellaneous Provisions) Act revised the statutory framework removing the requirement of Government approval for Irish citizens’ appointment to international organisations in Ireland; revising the statutory provisions relating to the making of Government orders affording privileges and immunities; clarifying the rules concerning entitlement to citizenship by birth of children born to members of staff of diplomatic missions; strengthening the protection for domestic workers in foreign missions and diplomatic households; and permitting certain family members of foreign government employees to access the labour market in the State while retaining their status under the VCDR.
Ireland is not a party to the United Nations Convention on Jurisdictional Immunities of States and their Property or the European Convention on State Immunity. However, Ireland is bound by the rules of customary international law as regards state immunity.