Christy O'Sullivan (Cork South West, Fianna Fail)
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Question 90: To ask the Minister for Finance the person who is responsible when the custom and excise seize a sea vessel, such as in the case of a fishing trawler which was secured in such a way as to prevent the owner from boarding or undertaking any task, and which subsequently sank while in its charge; the code of practice in such cases; and the way a decision to make the owner responsible can be justified. [25274/09]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I have been informed by the Revenue Commissioners that the person responsible for the arrest of a vessel in the circumstances envisaged is the Admiralty Marshal of the High Court. Generally the arrest will be effected by an officer of the Revenue Customs Service acting as agent and on the direction of the Admiralty Marshal of the High Court. Once an order is made for such arrest the vessel will remain under arrest until such time as it is released by Court Order.

The arrest of vessels and cargo, and responsibility therefore while under arrest, is covered under separate pieces of legislation: (i) Merchant Shipping Act 1854 (ii) The Court of Admiralty (Ireland) Act 1867 (the 1867 Act) (iii) The Court of Admiralty (Amendment) Act 1876 (iv) The 1952 Arrest Convention ("1952 convention") which was given the force of law in Ireland by the passing of the Jurisdictions of the Courts (Maritime Conventions) Act 1989 (v) S.I. 143 of 1990. The responsibilities of the ship's owner are determined by the foregoing legislation and the Court and are not a matter for the Revenue Commissioners.