Michael McCarthy (Labour)

I move amendment No. 3:

In page 5, between lines 10 and 11 to insert the following subsection:

"(2) Notwithstanding section 1, but subject to section 3, for the purposes of this section, a ship or fixed platform shall mean a ship or fixed platform wherever situate, and paragraphs (a) and (b) of the exceptions to the definition of 'ship' shall not apply,".

There is contradiction between sections 1 and 3 in terms of the basic matter of jurisdiction. Section 1 states that a fixed platform, for example, oil rigs and so on, means a platform in the State's Continental Shelf and by definition does not include a fixed platform outside the State. The section also states that "ship" in respect of a non-Irish ship means a ship in the State. It says nothing about what is meant by an "Irish ship". The inference is that in this Bill "ship" and "platform" mean such things in the State with the possible exception of Irish ships abroad although the Bill does not state this.

Sections 3 and 7, in terms of offences involving acts outside the State, make it clear that it is intended that the Bill will apply to acts outside the State subject to the requirement that the consent of the Director of Public Prosecutions is necessary and can only be given if extradition is refused under section 7(4).