I move amendment No. 27:
In page 30, subsection (4) (b), line 8, to delete "5 years" and substitute "7 years".
SECTION 30.
Amendments Nos. 25 and 26 not moved.
I accept that amendment.
I want to delete "5 years" and substitute "7 years" and the Minister is happy to accept it. Therefore, I am happy, although the money is a problem.
Amendment agreed to.
Section 30, as amended, agreed to.
SECION 31.
Question proposed: "That section 31 stand part of the Bill."
What is the position in relation to the high seas? Section 31 (6) states:
The powers conferred by the First Schedule to this Act shall not be exercised in the territorial seas of any state other than the State without the authority of the Minister for Foreign Affairs and he shall not give his authority unless that state has consented to the exercise of those powers.
If one has good intelligence and is pursuing drug trafficking and money laundering operations, is it possible to tackle these people on the high seas or to allow some other state or authority to do so on our behalf?
I am told that one does not have the power or authority to go into someone else's territorial seas. The country in which the particular ship is registered will take the appropriate action on our behalf.
The country in which the ship is registered?
Yes.
If a ship is on the high seas, does the country in which it is registered have powers over the ship, although geographically it could be far from the country of registration?
Yes.
Question put and agreed to.
SECTION 32.
Question proposed: "That section 32 stand part of the Bill."
Section 32 (3) refers to landward limits. Could the Minister explain what the landward limits are on the State's territorial seas?
This is stated in the Maritime Jurisdiction Act, 1959, and I quote:
The internal or inland waters of the State shall extend to all sea areas which lie on the landward side of the baseline of the territorial seas and all such sea areas shall be subject to the jurisdiction of the State to the same extent in all respects as it ports and harbours, bays, lakes and rivers, subject to any right of innocent passage for foreign ships in those sea areas which previously had been considered as part of the territorial seas or of the high seas.
That is very clear. What does that mean in layman's language? How far out does it go?
Perhaps Deputy Mitchell would wait for me to explain it later, rather than holding up the discussion.
Yes.
Question put and agreed to.
Section 33 agreed to.