Number 16 of 2000

CRIMINAL JUSTICE (SAFETY OF UNITED NATIONS WORKERS) ACT, 2000

ARRANGEMENT OF SECTIONS

FIRST SCHEDULE

Convention On The Safety Of United Nations And Associated Personnel

SECOND SCHEDULE

PART I

PART II

Number 16 of 2000

CRIMINAL JUSTICE (SAFETY OF UNITED NATIONS WORKERS) ACT, 2000

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1. —(1) In this Act, except where the context otherwise requires—

“act” includes omission and a reference to the doing of an act includes a reference to the making of an omission;

“the Act of 1965” means the Extradition Act, 1965;

“the Act of 2000” means the Criminal Justice (United Nations Convention against Torture) Act, 2000 ;

“the Convention” means the Convention on the Safety of United Nations and Associated Personnel done at New York on the 9th day of December, 1994, the text of which, in the English language, is, for convenience of reference, set out in the First Schedule to the Act;

“specialised agency” has the meaning assigned to it by Article 57 of the Charter of the United Nations;

“United Nations operation” means an operation established by the competent organ of the United Nations in accordance with the Charter of the United Nations and conducted under United Nations authority and control where—

(a) the operation is for the purpose of maintaining or restoring international peace and security, or

(b) the Security Council or the General Assembly has declared, for the purposes of the Convention, that there exists an exceptional risk to the safety of the personnel participating in the operation,but does not include a United Nations operation authorised by the Security Council as an enforcement action under Chapter VII of the Charter of the United Nations in which any of the personnel are engaged as combatants against organised armed forces and to which the law of international armed conflict applies;

a “United Nations worker” means a person who, in relation to an alleged offence, at the time of the alleged offence—

(a) is engaged or deployed by the Secretary-General of the United Nations as a member of the military, police or civilian component of a United Nations operation,

(b) is, in his or her capacity as an official or expert on mission of the United Nations, a specialised agency of the United Nations or the International Atomic Energy Agency, present in an area where a United Nations operation is being conducted,

(c) is assigned, with the agreement of the competent organ of the United Nations, by a Government or intergovernmental organisation to carry out activities in support of the fulfilment of the mandate of a United Nations operation,

(d) is engaged by the Secretary-General of the United Nations or by a specialised agency or by the International Atomic Energy Agency to carry out such activities, or

(e) is deployed by a humanitarian non-governmental organisation or agency under an agreement with the Secretary-General of the United Nations or with a specialised agency or with the International Atomic Energy Agency to carry out such activities.

(2) In any proceedings under this Act, where a question arises as to whether—

(a) a person is or was a United Nations worker, or

(b) an operation is or was a United Nations operation,

a certificate signed by, or by a person authorised by, the Minister for Foreign Affairs and stating any fact relating to the question shall be evidence of that fact.

(3) In this Act—

(a) a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any subsequent enactment including this Act,

(b) a reference to a section or Schedule is a reference to a section or Schedule of this Act unless it is indicated that reference to some other enactment is intended,

(c) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

2. —Where a person does outside the State an act to, or in relation to, a United Nations worker that, if done in the State, would constitute an offence specified in Part I of the Second Schedule, he or she shall be guilty of an offence and liable on conviction to the penalty to which he or she would have been liable if he or she had done the act in the State.

3. —(1) Where a person does outside the State an act in connection with an attack on a premises or vehicle that, if done in the State, would constitute an offence specified in Part II of the Second Schedule, he or she shall be guilty of an offence and liable on conviction to the penalty to which he or she would have been liable if he or she had done the act in the State.

(2) In this section—

“premises” means the official premises or private accommodation of a United Nations worker, and

“vehicle” means any means of transportation of a United Nations worker.

4. —(1) Where a person in or outside the State contravenes subsection (2), he or she shall be guilty of an offence.

(2) A person contravenes this subsection if, in order to compel a person to do or to refrain from doing any act, he or she—

(a) makes a threat to commit an act which is an offence under section 2 or 3, and

(b) intends that the person to whom he or she makes the threat shall fear that it will be carried out.

(3) A person guilty of an offence under this section shall be liable on conviction to imprisonment for a term not exceeding 10 years.

5. —(1) Where a person is charged with an offence under this Act, no further proceedings in the matter (other than any remand in custody or on bail) shall be taken except by or with the consent of the Director of Public Prosecutions.

(2) No proceedings shall be taken under section 38 of the Act of 1965 in respect of an act that constitutes an offence by virtue of that section and also an offence under this Act.

(3) For the purpose of the exercise of jurisdiction, in relation to an offence under this Act, by any court of competent jurisdiction the act constituting the offence shall be deemed to have been committed within the area of the Dublin Metropolitan District.

6. —The Defence Act, 1954 , is hereby amended—

(a) in section 169, by the insertion in subsection (3) after paragraph (dd) of the following:

“(ddd) if he or she is convicted of an offence under the Criminal Justice (Safety of United Nations Workers) Act, 2000, be liable either to suffer any punishment assigned for such offence by that Act or any less punishment awardable by a court-martial.”,

and

(b) in section 192, by—

(i) the insertion in subsection (2)(c) after “or an offence under the Criminal Justice (United Nations Convention against Torture) Act, 2000 ” of “or an offence under the Criminal Justice (Safety of United Nations Workers) Act, 2000”, and

(ii) the insertion in subsection (3) after “an offence under the Criminal Justice (United Nations Convention against Torture) Act, 2000 ” of “an offence under the Criminal Justice (Safety of United Nations Workers) Act, 2000,”.

7. —The Criminal Procedure Act, 1967 , is hereby amended—

(a) in section 13(1) by the insertion after “an offence under the Criminal Justice (United Nations Convention against Torture) Act, 2000 ,” (inserted by section 8 of the Act of 2000) of “the offence of murder under section 2 of the Criminal Justice (Safety of United Nations Workers) Act, 2000, or an attempt or conspiracy to commit that offence,”, and

(b) in section 29(1) by the insertion after paragraph (h) (inserted by section 8 of the Act of 2000) of the following:

“(i) the offence of murder under section 2 of the Criminal Justice (Safety of United Nations Workers) Act, 2000, or an attempt or conspiracy to commit that offence.”.

8. —The First Schedule to the Extradition (Amendment) Act, 1994 , is hereby amended by the insertion after paragraph 6A of the following:

“6B. Any offence under the Criminal Justice (Safety of United Nations Workers) Act, 2000”.

9. —The Schedule to the Bail Act, 1997 , is hereby amended by the insertion after paragraph 31 of the following paragraph:

“Offences against United Nations workers

32. Any offence under the Criminal Justice (Safety of United Nations Workers) Act, 2000.”.

10. —Where a person has been acquitted or convicted, in a place other than the State, of an offence, that person shall not be proceeded against for an offence under this Act, in respect of the act constituting the first-mentioned offence.

11. —The expenses incurred in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

12. —This Act may be cited as the Criminal Justice (Safety of United Nations Workers) Act, 2000 .