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

As the Deputy is aware, on 27 October 2016, the Supreme Court issued a judgment in a case taken by a number of mussel seed fishermen. In the judgment, the Supreme Court found that fishing by Northern Ireland boats within the zero to six nautical mile zone of the territorial waters of the State under thevoisinage arrangements is not permitted by law.  The voisinagearrangements are long-standing reciprocal arrangements which have allowed fishing boats from Northern Ireland access to fish within the zero to six nautical mile zone of the territorial waters of the State and vice versa.

It is important to note that the Supreme Court upheld the High Court finding that the voisinagearrangements are not invalid but that, as it stands, there is insufficient provision for them in domestic law.The Supreme Court in fact noted that the arrangements were a sensible recognition at official level of practice and tradition, where fishing boats traditionally fished neighbouring waters.

The Government approved the publication of the Sea-Fisheries (Amendment) Bill to address issues raised by the Supreme Court judgment, in so far as it relates to access for Northern Irish vessels.  If enacted and commenced, the Bill will give the voisinagearrangements a proper legal footing.  The Bill was published in February 2017 and is available on the Oireachtas website. The Bill has commenced debate in the Seanad.

In July 2017, the UK Government formally announced that it is leaving the London Fisheries Convention. The action by the UK in announcing its withdrawal from the 1964 London Fisheries Convention was not unexpected.

The convention deals primarily with access rights to countries six to 12 nautical mile zones and much of these are also included in Common Fisheries Policy.Article 2 of the convention precludes countries from fishing in another country’s zero to six nautical mile zone. However, Article 9 of the Convention gave countries the option to come to arrangements with their neighbours to allow access inside the zero to six nautical mile zone if so desired.This was the basis for the voisinagearrangements.

The UK Government had been intimating its intention to withdraw from the convention for some time.  It is nonetheless unwelcome and unhelpful as it suggests a signal of the UK intent to take a hard line on fisheries in the context of Brexit.

The UK has stated it wants to retain the voisinagearrangements element of the London Fisheries Convention. It remains to be seen if it can legally do this. On the all-island basis, however, there is still merit to reflect on an all-island approach to these matters.

Additional information not given on the floor of the House

Ireland will have to reflect on all relevant issues in the context of Brexit negotiations.  I am actively engaged with my fellow European Ministers to keep Irish fisheries concerns on the EU agenda and to ensure that fisheries are not isolated in the overall negotiations on a new EU-UK relationship.

See this speech in context