Leo Varadkar (Dublin West, Fine Gael) | Oireachtas source

Section 35 sets out the requirements for the hoisting of national colours or the Irish flag on a ship in different circumstances. Section 35(1) sets out the circumstances where the national colours are required to be hoisted on Irish ships. Section 35(2) clarifies that fishing boats are exempt from the requirements of section 35(1) and continues an existing exemption in section 12 of the Mercantile Marine Act 1955 in recognition of the fact that fishing boats must enter and leave port on a regular basis.

Given the proposed extension of mandatory registration to personal watercraft and small fast powered craft under the Bill, the amendment seeks to extend the exemption to these craft. It means that for practical purposes these vessels will not be required to hoist the national flag in accordance with section 35(1) when operating domestically. Again, we are not going to require small craft to display the Irish flag, although they may do so if they wish.