During the drafting of the legislation, advice received from the Attorney General indicated that where such a vessel is in Irish territorial waters the consent of the foreign state to board the vessel is not necessary and sections 35 and 36 are being amended to take account of this advice. The amendments to give effect to these changes are contained in section 28(c) of the Bill. The question of preferential jurisdiction for flag ship states – the main purpose of the Bill – does not arise where the ship is arrested within territorial waters.