Pat Gallagher (Donegal South West, Fianna Fail)

Deputy Broughan has partially answered the case for me. I have not changed my views since Committee Stage apart from seeking further advice. The advice available to me is that the addition of the words "reasonably" and "reasonable grounds for" are unnecessary. Section 24(3) provides that an inspector, who could be a member of the Garda, Defence Forces, harbour authorities or such person or class of person that I or any Minister for Communications, Marine and Natural Resources would consider appropriate to be inspectors for the purposes of this Act, may only detain a ship where he or she has reasonable grounds for believing an offence has been committed. By the time section 25 applies, the "reasonably" requirement will have been fulfilled.

The purpose of section 25 is to enable the court to make a determination in regard to the continued detention of the ship. Deputy Broughan is correct in saying that decision may be made by a person who was not an inspector. The application may be made by any inspector. It does not have to be made by the inspector who initially detained the ship. The advice available to me is that while that may be laudable it is not necessary as section 24 adequately covers this issue.

See this speech in context