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Select Committee on Enterprise and Economic Strategy debate -
Thursday, 11 Nov 1993

SECTION 15.

Question proposed: "That section 15 stand part of the Bill."

This section states:

Where the Minister is satisfied that—

(a) any state (other than the State) has accepted or denounced the Convention or any convention or Protocol which has been ratified by the State and which amends or extends the Convention, or

(b) any such convention or Protocol extends, or ceases to extend, to any territory, he may by order so declare.

What is the position of tankers flying the flags of states who have not accepted or signed the Convention?

This is a standard provision included in a Bill of this nature. We will make an order to declare any state which has accepted or denounced the Convention. This is mainly for information purposes and I do not see any problem with it. There are states that will not declare themselves, for the time being at least. I do not know why Deputy Sheehan has raised this.

I want to find out if we would have any power or jurisdiction over states to compel them to adhere to international regulations.

Normally conventions are by agreement and we would not have any power over a state that would not sign a convention. It is by agreement.

As the Minister is aware, vessels are flying the flags of such states for convenience so that they will be immune from prosecution.

Once they are within our territorial waters we can control them. We have signed conventions in recent years. However, we cannot compel states to sign a convention which, for their own good reasons, they will not sign. That is their entitlement. We have no power to control them in that instance.

Do we have power to control them in our territorial waters?

We control any emergency within our territorial waters.

Question put and agreed to.
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