John Browne (Wexford, Fianna Fail)

Section 35, which provides for the revised definition, covers the area to which we referred earlier. The term "Irish ship" is defined in the 1999 Act. The Bill, as published, provides in section 35, paragraph (b), for the revised definition, namely, those above a certain threshold. This amendment, together with the deletion of the paragraph, leaves the existing definition in place and introduces a separate definition to cover those Irish ships which are required to prepare and submit plans in accordance with this Part of the Bill. Separate definitions have been introduced as all Irish ships, regardless of size, are being required in section 26 to report pollution incidents.

The distinction between Irish ships and relevant Irish ships was not required when the 1999 Act was made. The requirement to prepare plans, etc. in respect of oil was already in place through S.I. No. 44 of 1994, which was made under the 1991 Act.

The extension of this requirement to hazardous and noxious substances since the protocol meant that the Bill needed to provide for Irish ships over a certain threshold to prepare plans etc. in respect of HNS. The Parliamentary Counsel's office, when drafting the Bill, recommended that the requirement for relevant Irish ships in respect of oil and HNS should now be set out in this legislation.

Question put and agreed to.

SECTION 25.