Paschal Donohoe (Dublin Central, Fine Gael) | Oireachtas source

I move amendment No. 5:

In page 31, between lines 2 and 3, to insert the following:"(5) Where there is a failure to comply with subsection (4)(a),the owner or master of the ship concerned commits an offence.".

These amendments to section 28 are of a technical nature. Section 28 provides for the issuing of a certificate of registry by the Minister when a ship is registered in the Irish register of ships. Provision is made for different types of certificate of registry for different purposes, as well as for duplicates and replacement certificates. The section also imposes requirements in relation to the carriage of the certificate of registry on the ship and provides for offences relating to the use of the certificate. I am proposing in amendment No. 5 to insert a new subsection (5) and a specific offence provision where there is a failure to comply with the general requirement in subsection (4)(a) to carry a certificate of registry on board a ship at all times. The amendment clarifies that where this requirement is not complied with, the owner or master of the ship concerned will be held responsible for the offence. The related amendment No. 6 amends the existing subsection (6) to ensure a specific offence provision for non-compliance with subsection (4)(b) and (c) and the renumbered subsection (6) is contained in the Bill.
Amendment No. 7 is a further consequential technical amendment to the existing subsection (12) to include a reference to the new subsection (5) which will be inserted as a consequence of amendment No. 5 and make it clear that a person who fails to comply with the requirements of the subsections listed is liable on summary conviction to a class C fine.
Section 65 allows for the prosecution of both the owner and the master of a ship in the case of specified offences under the Bill where it is shown that the owner or the master, as the case may be, consented to, approved or connived in the commission of the offence.
Amendment No. 16 arises from the insertion of subsection (5) in section 28 and will add a reference to an offence under section 28(5) to the list of offences for the purposes of section 65.

The offence in section 28(5) relates to failure by the owner or master of a ship to comply with the general requirement to carry a certificate of registry on board the ship at all times. The inclusion of a reference to section 28(5) in the list of specified offences in section 65 brings consistency to the section, which already includes a reference to sections 23(9) and 24(6) where offences relate to failure by the owner or master of a ship to carry the certificate of temporary registration or a visitor registration, respectively, on board the ship at all times.