Seanad debates
Tuesday, 27 May 2003
Criminal Justice (Illicit Traffic by Sea) Bill 2000: Second Stage.
The legislation also provides that the flag state can seek the evidence in a case and, subsequent to considering it, the state can seek the return of the crew and the ship by exercising the preferential jurisdiction option or it can require their release. That is a strange provision. If the state, whose authorities have boarded the vessel, feels it has sufficient evidence to pursue a prosecution, it is strange that the flag state should have the right to request the release of the ship and crew. Under the legislation, the arresting state would be obliged to adhere to that request. Perhaps the Minister of State will elaborate on that.
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