S.I. No. 216/1971 - Council of Europe (Immunities of Persons Participating in Proceedings of European Commission and Court of Human Rights) Order, 1971.

1. This Agreement shall remain in force indefinitely.

2. Any Contracting Party may, in so far as it is concerned denounce this Agreement by means of a notification addressed to the Secretary General of the Council of Europe.

3. Such denunciation shall take effect six months after the date of receipt by the Secretary General of such notification. Such a denunciation shall not have the effect of releasing the Contracting Parties concerned from any obligation which may have arisen under this Agreement in relation to any person referred to in paragraph 1 of Article 1.

ARTICLE 11

The Secretary General of the Council of Europe shall notify the member States of the Council of

(

a

) any signature without reservation in respect of ratification or acceptance;

(

b

) any signature with reservation in respect of ratification or acceptance;

(

c

) the deposit of any instrument of ratification or acceptance;

(

d

) any date of entry into force of this Agreement in accordance with Article 8 thereof;

(

e

) any declaration received in pursuance of the provisions of paragraph 2 of Article 4 and of paragraphs 2 and 3 of Article 9;

(

f

) any notification of withdrawal of a declaration in pursuance of the provisions of paragraph 2 of Article 4 and any notification received in pursuance of the provisions of Article 10 and the date on which any denunciation takes effect.

In witness whereof the undersigned, being duly authorized thereto, have signed this Agreement.

Done at London, this 6th day of May 1969, in the English and French languages, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each of the signatory States.

GIVEN under the Official Seal of the Government, this 6th day of July, 1971.

SEÁN Ó LOINSIGH,

Taoiseach.

EXPLANATORY NOTE.

This Order makes provision for immunities, etc., as contained in the scheduled Agreement, in respect of persons participating in the European Commission and Court of Human Rights.

4. In the event of the discovery of a fact which might, by its nature, have a decisive influence and which at the time of the decision refusing waiver of immunity was unknown to the author of the request, the latter may make a new request to the Commission or the Court.

ARTICLE 6

Nothing in this Agreement shall be construed as limiting or derogating from any of the obligations assumed by the Contracting Parties under the Convention.

ARTICLE 7

5. Where there is any conflict between the obligations of a Contracting Party resulting from paragraph 2 of this Article and those resulting from a Council of Europe Convention or from an extradition treaty or other treaty concerning mutual assistance in criminal matters with other Contracting Parties, the provisions of paragraph 2 of this Article shall prevail.

ARTICLE 5

S.I. No. 216 of 1971.

COUNCIL OF EUROPE (IMMUNITIES OF PERSONS PARTICIPATING IN PROCEEDINGS OF EUROPEAN COMMISSION AND COURT OF HUMAN RIGHTS) ORDER, 1971.

WHEREAS it is enacted by subsection (1) of

section 43

of the

Diplomatic Relations and Immunities Act, 1967

(No. 8 of 1967), that 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, by order make provision as respects certain matters specified in that subsection

AND WHEREAS the European Commission of Human Rights and the European Court of Human Rights are bodies such as aforesaid

NOW the Government, in exercise of the powers conferred on them by

section 43

of the

Diplomatic Relations and Immunities Act, 1967

, hereby order as follows