Michael McDowell (Dublin South East, Progressive Democrats)

There is a certain absence of reality here. Senator Ryan accused me of discourtesy to the House. None was intended. If I remain in good humour when others are becoming angry and working themselves into tempers, that is their problem, not mine. I intend to proceed as I started.

Those who board a ferry at Roscoff or Cherbourg have to produce documents to get on to the ship in the first place if they are travelling normally or openly. However, if they are travelling in the boot of a car or concealed under a rug in the back of a car, caravan or camper van they might be brought aboard a ferry in circumstances where they would not have to present their documents. This is double law in the sense that the carrier, for most purposes, is the owner of the ship and will not admit any non-national who is not properly documented to his vessel. The only people who are likely to be affected by the Bill are those who have somehow evaded the checks which are done as a matter of course by the proprietors of the ship and boarded it in some way.

The question which then arises is whether we should distinguish between someone who has evaded notice getting on to a commercial vehicle, who has to be criminalised, and someone who has evaded notice and got into a private vehicle with the knowledge of, or lack of vigilance on the part of, the owner and who should attract no sanction. We should consider whether it would be worthwhile to distinguish between those two classes of vehicles. Would it be worthwhile to say that someone who is operating the Act at Rosslare, or anywhere else, should be allowed challenge or inspect one class of people, those driving commercial vehicles, knowing that he cannot take any action under the Act in respect of someone who is driving either a caravan with people in it or car with people in the boot or in a rug in the back of an estate wagon? I ask the Senators to consider if it would be reasonable for me to accept, in all of those circumstances, even the principle of this distinction if the drafting has been correct.