Criminal Justice (Smuggling of Persons) Act 2021
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Exercise of enforcement powers in respect of ships | ||
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12. (1) This subsection applies to— | ||
(a) an Irish ship, | ||
(b) a ship registered in a Protocol state, or | ||
(c) a ship not registered in any country or territory. | ||
(2) Subject to this section, where an enforcement officer has reasonable grounds to suspect that an offence under section 6 or 7 has been, or is being, committed on board a ship to which subsection (1) applies, he or she may, for the purpose of the detection of the offence or the taking of appropriate action in respect of any such offence, exercise the powers conferred on him or her by section 14 . | ||
(3) (a) An enforcement officer shall not exercise the powers conferred on him or her by section 14 outside the outer limit of the territorial seas of the State in relation to a ship registered in a Protocol state without the authority of the Minister for Foreign Affairs given in accordance with this subsection. | ||
(b) The Minister for Foreign Affairs shall not give his or her authority to the exercise of powers referred to in paragraph (a) unless the Protocol state concerned has in relation to that ship— | ||
(i) requested the assistance of the State for the purpose referred to in subsection (2), or | ||
(ii) authorised the State to act for that purpose. | ||
(c) In giving his or her authority under paragraph (b), the Minister for Foreign Affairs shall impose such conditions or limitations on the exercise of the powers as may be necessary to give effect to any conditions or limitations imposed by the Protocol state. | ||
(4) (a) An enforcement officer shall not exercise the powers conferred on him or her by section 14 in the territorial seas of any state other than the State without the authority of the Minister for Foreign Affairs given in accordance with this subsection. | ||
(b) The Minister for Foreign Affairs shall not give his or her authority to the exercise of powers referred to in paragraph (a) unless the state concerned has consented to the exercise of those powers for the purpose referred to in subsection (2) . | ||
(c) In giving his or her authority under paragraph (b), the Minister for Foreign Affairs shall impose such conditions or limitations on the exercise of the powers as may be necessary to give effect to any conditions or limitations imposed by the state concerned. |