Jim Walsh (Fianna Fail)

Ba mhaith liom fáilte a chur roimh an Aire agus an Bhille. The Bill is welcome. Although published in 2000, it is only now being debated. Why was there such a delay? The legislation deals with a relatively significant problem but there are not many issues involved. Often short Bills are presented when that is the case but this Bill is comprehensive, presumably because of the various technicalities.

The legislation covers two main issues – the prosecuting jurisdiction for vessels detained in international waters and the absolute authority of the State to make arrests within its territorial waters. The enactment of the legislation will enable the Government to ratify the Council of Europe agreement.

The Bill's provisions are interesting. It will be an offence for an Irish person to be involved in drug trafficking, wherever his or her ship is located, and Irish authorities will be permitted to board a vessel at sea if the convention state in which it is registered agrees. This relates to shared jurisdiction. It arises because the UN convention is silent on such jurisdiction in terms of prosecution. The legislation recognises the Council of Europe agreement that the preferred jurisdiction should be the country of registration of the vessel, particularly when it is arrested at sea.

If a ship is suspected, the flag state can request the authorities in Ireland to board the vessel to determine whether it is carrying drugs and there is also a provision whereby the Irish authorities can make such a request to the convention state in which the vessel is registered. The power to arrest should not be subject to that provision. The international law of the sea may well dictate otherwise, but those involved in drug trafficking are sophisticated in the way they approach the law because of the money at stake.