Select Committee on Enterprise and Economic Strategy debate -
Thursday, 14 Dec 1995

SECTION 9.

Mr. M. Smith

I move amendment No. 38:

In page 11, subsection (2), line 37, after "equipment" to insert "provided the defendant is the owner".

I was concerned to ensure that the provision would be effective and I could not envisage circumstances where it would be effective unless the defendant was the owner. There may well be another way of ensuring it should happen and if there is I would be happy to hear about it from the Minister and then I will withdraw the amendment. It seems an impractical proposition unless the defendant is the owner.

Mr. Gilmore

I have sought and obtained legal advice on this amendment. I am advised that we cannot accept it. Even if the owner is not the person who has committed the offence, the owner must be ultimately held responsible for what is happening on his vessel.

Mr. Dukes

And the Bill so provides.

Amendment, by leave, withdrawn.

Section 9 agreed to.