Seanad debates

Tuesday, 1 June 2021

Maritime Jurisdiction Bill 2021: Committee and Remaining Stages

 

9:00 am

Photo of Colm BrophyColm Brophy (Dublin South West, Fine Gael) | Oireachtas source

I echo Senator Chambers's comments in that I very much appreciate the way in which Senator Higgins has engaged on this and the interaction we had yesterday on this amendment.

Section 11 provides that any prosecution of a foreign national for an offence committed from a foreign vessel within Ireland's territorial sea requires a certificate from the Minister for Foreign Affairs certifying that the prosecution is appropriate. This is intended to ensure that, in accordance with the Convention on the Law of the Sea, a prosecution of a foreign national on a foreign vessel should be taken only in limited circumstances. These include circumstances where the consequences of the offence extend to the State or if the offence is of a kind to disturb the peace of the country or the good order of the territorial sea. Section 11 lists a number of offences which do not require a certificate from the Minister in order to be prosecuted. These include offences under the Fisheries Act and the Sea Pollution Acts where clearly the circumstances of offences do extend to the State or disturb the good order of the territorial sea.

For the prosecution of an offence under any other Act, the Minister need simply be satisfied that the consequences of the offence extend to the State or are of a kind to disturb the peace of the country or the good order of the territorial sea. I should add that the requirement for a certificate to enable prosecution in no way prevents the relevant authorities from boarding a foreign vessel and detaining any foreign national suspected of committing an offence in the territorial sea.

The Senator has proposed adding a list of offences for which no certificate is required under the EU birds and habitats directives in the 1976 Wildlife Act. As I indicated yesterday during the Second Stage debate, I am prepared to consider this amendment if the Senator can arrange - and I accept and thank her for looking to do this - to have it submitted as an amendment on Committee Stage in the Dáil. I understand that the birds and habitats directive may have been transposed in Ireland by secondary legislation so the precise offences will need to be clarified. I will have to consult with the Minister for Housing, Local Government and Heritage who is the relevant line Minister in this area.

Comments

No comments

Log in or join to post a public comment.