Michael Creed (Cork North West, Fine Gael) | Oireachtas source

The recent Supreme Court judgment, to which the Deputy refers, relates to fishing activities by Northern Ireland vessels within the territorial waters of the State.  The judgment arose from an appeal taken by a number of Irish mussel seed fishermen against the findings of the High Court. 

The Supreme Court issued its judgment on 27 October, finding that fishing by Northern Ireland vessels within the 0 to 6 nautical mile zone of the territorial waters of the State, which relies on the Voisinage arrangements, is not permitted by law.

The background to this issue relates to arrangements which have long been in existence to provide access for fishing.  The London Fisheries Convention 1964 allowed that each coastal state could assert exclusive fishing rights within 6 nautical miles from its baselines under Article 2.  It also provided, under Article 9, for contracting parties to allow fishermen from another coastal state, who had habitually fished within that belt, to continue to do so through Voisinage arrangements.

On this basis, pre-existing reciprocal arrangements were reaffirmed at the time by means of an exchange of letters between the UK-Northern Ireland and Ireland in the 1960s, which allowed for vessels from Northern Ireland to fish within Ireland’s 6 nautical mile zone and vice versa. The Common Fisheries Policy provides for the continuation of such neighbourhood arrangements, specifically within Article 5 of Regulation 1380/2013.

It is important to note that the Supreme Court did not find that the Voisinage arrangements were unlawful but that, as it stands, there is insufficient provision for them in domestic law.  Fishing activities that have a legal basis are not affected such as those reliant on the access arrangements to Ireland's 6 to 12 nautical mile zone set out in Regulation (EU) No. 1380/2013 of the European Parliament and of the Council.

The Government is aware of the development, and the Attorney General's office is examining the Supreme Court judgment.  My Department remains in close contact with the Department of Agriculture, Environment and Rural Affairs, DAERA, in Northern Ireland on this issue, and officials from both departments met last Friday to discuss it.

To address the issues raised by the judgment, I have asked my officials to proceed with the process of advancing the heads of a legislative amendment Bill to bring to Government.  The Bill would address the immediate issue of providing sufficient legal provision for Northern Irish vessels to resume the reciprocal fishing access of the Voisinage arrangements.

See this speech in context