Brian Lenihan Jnr (Dublin West, Fianna Fail)

The issue raised in the context of Senator Terry's amendment was one of a number of options considered during the drafting of this legislation, in consultation with the parliamentary counsel. The convention state which is a party to the agreement annexed to the legislation will be deemed, in the context of the legislation, to be the flag state – that is, the state where the vessel is registered. It will, therefore, be the only state that can make a request to the Minister for the surrender of the person arrested, the vessel detained or anything seized from a vessel and retained.

It is clear from section 4 of the Council of Europe Agreement on Illicit Traffic by Sea, which implements Article 17 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, that the flag state is that in which the vessel is registered. I am advised by the Office of the Chief Parliamentary Counsel that the amendment tabled by Senator Terry is not required and would only serve to create confusion in the interpretation of the legislation. In other words, the wording used in the amendment is already comprehended in the relevant subsection. For that reason, I cannot accept the amendment.

Amendment, by leave, withdrawn.