Brian Lenihan Jnr (Dublin West, Fianna Fail)

As I indicated earlier, I propose to treat the convention state as the flag state because it assists our discussion to do so. The provisions of the agreement implementing the UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances envisage that any actions arising from the implementation of the agreement will be taken without delay. Article 14.2 of the agreement provides that a flag state wishing to exercise preferential jurisdiction shall notify the intervening state to this effect as soon as possible and, at the latest, within 14 days of the receipt of the summary of evidence provided for in Article 13 of the agreement.

The explanatory report governing the provisions in this agreement specifically states that the time of notification would have to be short, so that any delay would be minimal, particularly in cases where suspected persons are held in custody and would wish to know which state would prosecute them. The prosecutor and the investigating judge have a legitimate interest in knowing in which state the offence would be prosecuted. On the other hand, it would not be in the interests of justice if the time were so short that the flag state would almost automatically claim preferential jurisdiction. It must, therefore, be sufficiently long to enable the flag state to evaluate the summary of evidence and generally assess the situation together with the involved authorities and, quite possibly, ship owners or operators.

If the amendment, as proposed, was accepted, it would mean that the provisions of the agreement would not be accurately transposed into our law. The question of difficulties of the interpretation of the agreement with other states would arise, in view of the spirit in which this maximum 14-day time limit for the notification of the exercise of preferential jurisdiction was agreed.

I thank Senator Terry for raising the issue and for giving me an opportunity to put the matter on the record of the House. However, the view of the Minister for Justice, Equality and Law Reform is that the 14-day limit reflects the spirit in which the agreement was concluded and, therefore, it is being transposed into our legislation in the way outlined. For that reason, I cannot accept the amendment.

The other amendment to section 7 tabled by Senator Terry suggests that the Minister for Justice, Equality and Law Reform should communicate with the authorities of the convention state – the flag state – in the obverse circumstance. Section 7 deals with request from the convention or flag state for the surrender of persons and vessels in accordance with Article 15 of the agreement.