Naval Service powers at Continental Shelf installations
Dowling questioned who had jurisdiction over offences at Continental Shelf installations and whether Naval Service personnel could arrest offenders without a Garda presence or a change in their powers. The Minister cited Naval Service staffing increases and expressed confidence that personnel followed their instructions, but did not directly clarify their arrest authority; the Chair ended the exchange.
Is the Minister satisfied that an important aspect of the Continental Shelf Act was to establish that offences committed on installations on the Irish shelf were to be treated as if they had occurred in Ireland?
Comment on this
Is the Minister satisfied that, constitutionally, the territory of Ireland includes the territorial seas?
Comment on this
Is the Minister satisfied that the Garda Síochána are the civil authorities within the territorial waters and Continental Shelf installations?
Comment on this
Can the Minister indicate if there is no garda presence at sea, which can be aided, what is the situation in relation to Continental Shelf installations at the moment by a routine patrol vessel of the Irish Naval Service?
Comment on this
It is no harm to remind the Deputy as regards the Naval Service that the authorised establishment at the end of 1972 was 435 all ranks, that this was increased to 500 by the end of 1974 and again increased to 600 in April, 1977, and that a review is currently in hand. That is much more than ever was done by Fianna Fáil for the Naval Service.
Comment on this
Can the Minister indicate, seeing that he agrees with the constitutional position and that there is no garda presence at sea that can be aided, how can the Naval Service arrest a person who commits a crime on a Continental Shelf installation when they have no power to do so?
Comment on this
I have every confidence in the Naval Service to carry out their duties as they have done and as they are doing at the moment.
Comment on this
Can the Minister indicate if the role of the Naval Service is about to be changed to ensure that they have the power of arrest on a Continental Shelf installation?
Comment on this
The Naval Service have their instructions and they have their personnel to carry out those instructions. I have every confidence in the Naval Service.
Comment on this
We can raise it later on if we do not raise it now. Perhaps the Minister could answer the last supplementary. In view of the fact that the Naval Service have no power of arrest, how can they carry out this particular duty without a change in their role?
Comment on this
The Naval Service have their instructions and they act in accordance with them. They do not act wrongly and, to my knowledge, to date they have not acted wrongly.