Brian Lenihan Jnr (Dublin West, Fianna Fail)

I am in a position to at least deal with the point raised by the Senator. She is concerned about that the presence of the words "prevent or" in the relevant subsection and considers that they would be better deleted from the legislation. This refers to section 4, page 4, subsection (2), line 33.

This matter was raised in the other House. The wording contained in section 4(2) derives from Article 11.4 of the agreement which provides that the master of a vessel boarded under the agreement shall be entitled to communicate with the authorities of the vessel's flag state as well as with the owners or operators of a vessel for the purpose of notifying them that the vessel has been boarded. The article also provides that the authorities of the intervening state may prevent or delay any communication with the owners or operators of the vessel if they have reasonable grounds for believing that such communication would obstruct the investigations into the relevant offence. This could arise in a number of circumstances. For example, the master of a vessel, having discussed the matter with the owners or operators, could issue instructions to crew members or take immediate action which would have the effect of interfering with, damaging or destroying evidence required for the investigation or prosecution purposes before it could be secured by enforcement officers. The prevention of radio or other communication would be important in such circumstances.