PART VIII

General

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.

40. —(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.

41. —An organisation to which this Part applies shall have the legal capacity of a body corporate.

42. —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.

43. —(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.

44. —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 Oifigiúil.

45. —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.

46. —(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.

47. —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.

48. —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.

49. —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.