Eamon Gilmore (Dún Laoghaire, Labour)
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During the 1960s and 1970s the issue of Rockall was a source of legal and political controversy in both Ireland and the United Kingdom. The UK claims sovereignty over Rockall and has sought to formally annex it under its 1972 Island of Rockall Act.While Ireland has not recognised British sovereignty over Rockall, it has never sought to claim sovereignty for itself. The consistent position of successive Irish Governments has been that Rockall and similar rocks and skerries have no significance for establishing legal claims to mineral rights in the adjacent seabed or to fishing rights in the surrounding seas. During the course of the Third United Nations Conference on the Law of the Sea, which took place from 1973 to 1982, Ireland worked hard to achieve agreement on this principle. The UN Convention on the Law of the Sea, which was adopted at the conclusion of the Conference on 10 December 1982, provides at Article 121, paragraph 3 that: “Rocks which cannot sustain human habitation or economic life of their own shall have no exclusive economic zone or continental shelf.” Rockall falls into precisely this category.

In 1988, Ireland and the UK reached agreement on the delimitation of areas of the continental shelf between the two countries, stretching out up to 500 nautical miles from their respective coastlines. This included the division of the Hatton-Rockall area of continental shelf on which Rockall is situated, although under the terms of the Law of the Sea Convention the location of Rockall was irrelevant to the determination of the boundary. According to that determination, Rockall is situated to the north of the boundary agreed with the UK in 1988 and lies outside the zone claimed by Ireland.

As with any claim to continental shelf lying beyond 200 nautical miles from a state’s coast, the UN Convention requires that Ireland and the UK submit their claims for examination to the UN Commission on the Limits of the Continental Shelf. However, the claims to the Hatton-Rockall shelf agreed between Ireland and the UK are not accepted by Iceland or Denmark (on behalf of the Faroe Islands), which make their own claims.

The four countries have met frequently since 2001 in an effort to resolve the overlapping claims issue, but have been unable to reach agreement. In the meantime Ireland, the UK and Denmark have made submissions to the UN Commission in respect of their claims. The Commission’s rules of procedure prevent consideration by the Commission of a submission relating to a disputed area without the consent of all the states concerned and Iceland does not currently consent to the consideration of these submissions. Iceland has not yet made a submission of its own in respect of Hatton-Rockall.

The Government continues to work for the creation of conditions that will permit consideration of its submission as soon as possible.