I move amendment No. 28:
In page 8, subsection (1), between lines 22 and 23, to insert the following:
"(c) Every member of the Garda Síochána shall be an authorised officer for the purposes of this Act.".
SECTION 6.
Amendment agreed to.
I move amendment No. 29:
In page 8, subsection (1), lines 23 to 27, to delete paragraph (c) and substitute the following:
"(c) Every member of the Defence Forces (not below the rank of sergeant or petty officer, as the case may be) for the time being serving on board any vessel belonging to or in the service of the State shall be an authorised officer for the purposes of this Act.".
Amendment agreed to.
I move amendment No. 30:
In page 8, subsection (1) (d), lines 31 to 33, to delete all words from and including "and" in line 31, down to and including line 33.
Amendment agreed to.
Amendments Nos. 32 and 35 are cognate on amendment No. 31 and all may be discussed together by agreement.
I move amendment No. 31:
In page 9, subsection (5), line 25, to delete "or airport" and substitute ", airport or other place".
Section 6 (5) empowers authorised officers to detain vessels, aircraft or off-shore installations in the maritime area or in a harbour or airport in the State if the authorised officer reasonably suspects a contravention of the Act is taking place or has taken place. Amendments Nos. 31, 32 and 35 to this subsection are proposed on the advice of the Attorney General's Office to strengthen authorised officers' powers by extending their powers of detention to include any place in the State.
Amendment agreed to.
I move amendment No. 32:
In page 9, subsection (5), line 29, to delete "or airport" and substitute ", airport or other place".
Amendment agreed to.
Amendments Nos. 33 and 34 are related and may be discussed together by agreement.
I move amendment No. 33:
In page 9, subsection (5) (d), line 42, to delete "Judge" and substitute "judge".
These are editorial amendments recommended by the Attorney General's Office which has obviously concluded that a judge does not merit a capital letter.
Amendment agreed to.
I move amendment No. 34:
In page 9, subsection (5) (d), line 49, to delete "Judge" and substitute "judge".
Amendment agreed to.
I move amendment No. 35:
In page 10, subsection (5), line 6, to delete "or airport" and substitute ", airport or other place".
Amendment agreed to.
I move amendment No. 36:
In page 10, lines 12 to 17, to delete subsection (7), and substitute the following:
"(7) Where an authorised officer has detained a vessel or off-shore installation under this section—
(a) any authorised officer may, if the vessel or off-shore installation, as the case may be, is not in a harbour, take it to the nearest or most convenient harbour or place in the maritime area, or
(b) any authorised officer may, if the vessel or off-shore installation, as the case may be, is in a harbour detain it at that harbour or take it to a more convenient harbour or place in the maritime area,
and there detain it until the happening of one of the events described in paragraphs (a) to (d) of section 6 (5).
(8) Where an authorised officer has, in the exercise of the powers conferred on him by this section, detained a vessel, aircraft or off-shore installation, any authorised officer who suspects that in relation to the vessel, aircraft or off-shore installation, as the case may be, a contravention of this Act is taking or has taken place shall, as soon as may be, apply to a judge of the District Court for an order authorising the continued detention of all persons on board the vessel, aircraft or off-shore installation, as the case may be, and the said judge may, if he is satisfied that the authorised officer applying for the order so suspects, make an order authorising the detention of those persons for a period of 48 hours from the time of the making of the order.".
Subsection (7) has been amended to strengthen authorised officers' powers by allowing authorised officers who have detained vessels or off-shore installations to take them to any place in the maritime area. This is to provide for the following situations. The vessel or off-shore installation may pose a pollution threat and a safe option would be to take it outside a harbour area. An off-shore installation may be too large to fit in a harbour and may have to be taken outside.
The Attorney General's Office has advised that powers providing for detention by authorised officers in subsection (7) are too liberal. It allows detention for an unlimited time until the happening of one of the events outlined in subsection (5). The Attorney General's Office has advised that a new subsection providing for detention of people on board vessels, aircraft or off-shore installations should be inserted — that is subsection (8). This amendment provides that where an authorised officer has detained a vessel, aircraft or off-shore installation and he suspects that a contravention of the Act has taken place or is taking place, he may apply to a judge of the District Court seeking an order authorising the detention of the persons on board the vessel, aircraft or off-shore installation, as the case may be, for a period of 48 hours.
Amendment agreed to.
I move amendment No. 37:
In page 10, between lines 29 and 30, to insert the folling subsection:
"(11) No action or other legal proceedings, whether civil or criminal, shall be instituted in any court in respect of the doing of anything authorised to be done by an authorised officer under this section, whether such thing is done personally by an authorised officer or by a person acting on the orders or instructions of an authorised officer.".
The Attorney General's Office advised that provision be made in this Bill to exempt authorised officers from liability for damages sustained by anybody as a result of actions authorised by an authorised officer in accordance with the provisions of subsection (6). Such liability exemptions are provided for in the Sea Pollution Act, 1991 and the Fisheries Acts, 1959 to 1994.
Amendment agreed to.
Section 6, as amended, agreed to.
Sections 7 and 8 agreed to.