Diplomatic immunity is a long established international measure which ensures that representatives of embassies and consulates are not vulnerable to domestic legal pressures as they pursue key duties in their host countries.
It is an important provision, particularly when the rights of overseas citizens are called into question, but there will still be surprise at suggestions that it may be applied to planning issues at the Chinese government’s official base in Belfast.
High Court proceedings in the city from last December documented claims that the Chinese Consulate attempted to cite diplomatic immunity in a dispute over noise associated with the installation of a new extractor fan at its Malone Road building.
A more pressing matter has arisen over a large metal fence which, as reported in The Irish News on Saturday and again today, has been constructed at the same location in a conservation area with no record of planning permission.
The Chinese Consulate, while acting on behalf of an economic superpower with the world’s largest population, is fully entitled to take reasonable security precautions at its Belfast property but it should also acknowledge both the spirit and the letter of diplomatic immunity.
Ordinary members of the public must observe the laws of the land in the course of construction projects and elected representatives have made clear that the consulate’s wall has caused widespread concern.
The idea that an unusual new fence, which is regarded as out of character with an historic residence dating back to 1889, and previously associated with both Queen’s University, the Arts Council and the family of the distinguished poet Louis MacNeice, should be subject to diplomatic immunity as has been implied is highly unusual.
If a contentious development scheme was proposed in any inner city neighbourhood, or alternatively in a rural setting, the same level of scrutiny should apply.
The best outcome would be a comprehensive engagement between Belfast City Council and the Chinese Consulate which addresses all the questions associated with what has been described as a `ring of steel’.
It would be in the interests of the entire community if an agreed resolution, which fully respects planning protocols while acknowledging the position of the parties connected to the debate, can be placed in the public domain
