Pat Gallagher (Donegal South West, Fianna Fail)

On behalf of the Minister for Justice, Equality and Law Reform, I am pleased to present to the House the Criminal Justice (Illicit Traffic by Sea) Bill 2000. The enactment of this Bill will enable Ireland to accede to the Council of Europe Agreement on Illicit Traffic by Sea implementing Article 17 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, done at Strasbourg on 31 January 1995.

The international community has already provided a framework for dealing with certain drug trafficking offences at sea. That framework is contained in the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, more commonly known as the Vienna Convention, adopted by the United Nations at Vienna in December 1988. Ireland has already given effect to the provisions of the Vienna Convention by the enactment of Part V of the Criminal Justice Act 1994, which led to the ratification of the convention by Ireland on 3 September 1996.

Arising from Ireland's obligations under the United Nations convention, it is an offence under Irish law for a person on an Irish ship, a ship registered in a convention state or a ship not registered in any state or territory – no matter where the ship may be – to be either in possession of controlled drugs or involved in the carrying of such drugs, knowing or having reasonable grounds to suspect that the drugs are to be imported or exported contrary to Irish law or a corresponding law of any other country. At present, the Irish authorities may stop, board and detain a ship registered in a convention state where such drug trafficking is suspected, provided that convention state agrees. The other convention states have enacted similar laws, so that there is a shared jurisdiction among all convention states.

The United Nations convention is silent on the consequences of shared jurisdiction, in particular on which state ought to prosecute in such circumstances. However, the terms of the convention recognise the need for further improvement of these provisions by providing in Article 17 for regional agreements to enhance effectiveness in this area such as that contained in the Council of Europe agreement.